This paper argues that we can better understand Ronald Dworkin's thesis that both individuals and governments must strive to act in accordance with principles that comprise a coherent moral conception, or with what he calls 'integrity', as an instance of Immanuel Kant's fundamental ethical injunction to act in accordance with principles that have the form of law. This Kantian reading of Dworkin highlights the internal, constitutive relation between integrity and a key condition of political legitimacy that Dworkin long (...) stressed: that governments take individual rights _seriously_. Governments take individual rights seriously only by treating humanity as an end in itself, and governments treat humanity as an end in itself only by striving to act in accordance with an integrated system of practical laws. Acting with integrity, taking rights seriously and respecting humanity are thus internally related acts. (shrink)

A full discussion on his understanding of rights as "trump cards" which privilege the individual claim over the group policy; the critique of legal positivism; the history of a legal institution according to the analogy of a chain novel; and the insistence upon a theory of adjudication that is both constructive and yet faithful to the deepest intentions of legal documents.

Using the Rule of Law as the theoretical framework in his paper, the author proceeds to discuss ASEAN integration. His ultimate objective is to examine the applicability of Brunnée and Toope’s Interactional International Law to ASEAN integration. To provide the background to the process of ASEAN integration, the author cites selected works of scholars and experts in the fields of international law and international relations. The most important factor to be considered is the ASEAN Charter’s inclusion of the principle of (...) the Rule of Law to guide its integration efforts. This is viewed by Western democracies as a commitment by the ASEAN Member States to the Rule of Law. Interestingly, Democracy and Human Rights stand side-by-side with the Rule of Law in the Charter. Quite expectedly, scholars and practitioners of International Law and International Relations see the inclusion of these principles as an indication of ASEAN embracing the rules, norms, and values that the West hold dearly. These are the same rules, norms and values that underpin the liberal democracies of North America and Europe, and which provide the European Union its theoretical foundation. In the EU, the Rule of Law is an important guiding principle. For the same reason, the emergence of supranational institutions became a matter of course in the process of their integration. In conclusion, the author suggests that IIL should provide the proper theoretical legal framework for ASEAN integration to move forward after taking into account the current heterogeneity in the political, economic, social and cultural profiles of the ASEAN Member States. Keywords- Legal Philosophy, international law, ASEAN regional integration, interactional international law, international relations, Philippines. (shrink)

This edited collection includes contributions from expert philosophers of law and considers the work of one of the most important legal philosophers of our time, Professor Gerald J Postema. The chapters dig deep into important camps of Postema's rich theoretical project including: - the value of the rule of law; - the ideal of integrity in adjudication; - his works on analogical reasoning; - the methodology of jurisprudence; - dialogues with Ronald Dworkin, Joseph Raz, Frederick Schauer and HLA Hart. (...) It includes an original article by Professor Postema, in which he develops his conception of the rule of law and replies to some objections to previous works, and an interview in which he provides a fascinating and unique insight into his philosophy of law. (shrink)

Law as Art presents a radical new legal theory, the Law as Art Hypothesis, which conceives law, not as a system of rules, but as a distinctive kind of art work. Law is differentiated as art by the Law as Compound Artistic Type Hypothesis, which uses the heuristic metaphor of the Operatic Music Drama, the most elementally complex compound art form, to develop an idea of legal art as a distinctive empowered text, supported by the arts of drama, painting, sculpture, (...) dress-design, architecture, rhetoric and communication to form an elementally developed yet integrated unitary art work. Part I develops a new realist epistemology to support a contemporary action-type ontology of art, differentiated as art by virtue of its artistic value. Part II opens with a critical review of the arts in legal theory, before detailing the Law as Art and Law as Compound Artistic Type Hypothesis and locating them within contemporary scholarship. Legal philosophical implications are considered and there is an acronym key and glossary, bibliography and index. (shrink)

This article explores the claim that law is characteristically in search of the past. We argue that the structure of memory defines our relationship with the past and this relationship, in turn, has important implications for the nature of law. The article begins by examining the structure of memory, drawing particularly on the work of Henri Bergson. It then draws out the implications of Bergson’s theory for the interplay of past and present, highlighting the challenges this poses for law’s project (...) of retrieval. Law, as an artifact, seeks its origins in human action, but this often yields a static view of legal discourse as the retrieval of pivotal moments. Bergson, by contrast, shows us that past and present influence each other dynamically, giving rise to an integrated whole. The article concludes by exploring the potential for law to transcend the structure of memory. We argue that even beyond the limits of memory legal reasoning encounters a kind of residue left by the ethical foundations of law. Law searches vainly for the past, but what it finds is itself. (shrink)

In Justice as Integrity, David Fagelson argues that morality is indeed a part of the idea of law.

Once I’ve heard a joke about legal academia, and given that this was a very good joke, it was also very close to reality. This is how it went: ‘well, if you want to be successful in the Anglo-Ameri...

Over several decades, ethics and law have been applied to medical education and practice in a way that reflects the continuation during the twentieth century of the strong distinction between facts and values. We explain the development of applied ethics and applied medical law and report selected results that reflect this applied model from an empirical project examining doctors’ decisions on withdrawing/withholding treatment from patients who lack decision-making capacity. The model is critiqued, and an alternative “constitutive” model is supported on (...) the basis that medicine, medical law, and medical ethics exemplify the inevitable entanglement of facts and values. The model requires that ethics and law be taught across the medical education curriculum and integrated with the basic and clinical sciences and that they be perceived as an integral component of medical evidence and practice. Law, in particular, would rank as equal in normative authority to the relevant clinical scientific “facts” of the case, with graduating doctors having as strong a basic command of each category as the other. The normalization of legal knowledge as part of the clinician’s evidence base to be utilized in practice may provide adequate consolation for clinicians who may initially resent further perceived incursions on their traditional independence and discretion. (shrink)

The Secunda pars of the Summa theologiae provides Aquinas's mature and systematic account of human action. The Prima secundae represents his treatment of the moral life "in universali." After treating the end of man, and certain aspects of human action as such, he turns to what he calls the "principles of action." Well over half of the questions of the Prima secundae are devoted to these principles. The principles are divided into intrinsic and extrinsic principles, the latter being law and (...) grace. ;What does Aquinas mean when he calls law an extrinsic principle? And given that it is extrinsic, in just what sense can it be a principle of action without threatening the integrity of voluntary action? ;Many writers in the broader Thomistic tradition have de-emphasized the role of law in the moral life. Others, granting law a substantial role, deny its extrinsic character. A common thread can be discerned in these two positions: namely, an unwillingness or hesitancy to grant law as an extrinsic principle a major and unique role in the moral life. ;Three fundamental points concerning law as an extrinsic principle of action are central to this dissertation. First, for Aquinas law is, and always remains, essentially an extrinsic principle. Second, for Aquinas law is a foundational and essential principle of moral actions; indeed natural law provides the first principles of practical reasoning. Third, this understanding of law as an extrinsic principle does not threaten the voluntary or the profoundly personal character of human action. ;After reviewing the thoughts of some contemporary writers, I examine the nature and kinds of law in Aquinas and then its extrinsic character. A treatment of just how law acts as a real principle, indeed a cause of action, where I study the relation of law and prudence, is finally followed by a consideration of the end of law. (shrink)

This collection of 30 essays covers living a moral and ethical life as a lawyer and Christian, following the example of J. Reuben Clark, Jr. The mission and history of the BYU Law School is also adressed.

This article explores whether artificial intelligence (AI) can engage in the practice of law as an art of good and justice. It examines the historical and philosophical foundations of law as the art of promoting societal harmony and resolving moral dilemmas. The research employs critical and philosophical analysis methods integrating insights from legal scholars, ethicists, technologists, and policymakers. The study identifies AI’s potential to streamline legal processes, enhance access to justice, and reduce bias in decision-making. However, it also highlights ethical (...) challenges such as transparency, accountability, and the impact on the legal workforce. The article emphasises the importance of striking a balance between technological innovation and human values, advocating for proactive regulation and interdisciplinary cooperation to ensure the ethical development and implementation of AI in law. The results of the study highlight the transformative potential of AI in revolutionising legal practice, emphasising its capacity to streamline processes, improve access to justice, and mitigate bias. However, ethical considerations such as transparency, accountability, and the preservation of human judgment are crucial to ensuring that AI integration in law upholds fundamental principles of justice and fairness. (shrink)

The proposed reflection intends to present the problem of judicial adjudication as a substantially-axiologically founded autonomous moment on the practical realization of law, and to explore this understanding in confrontation with external exigencies, mostly teleologically determined—hence, beyond strict deductive application, as a syllogistic reference of facts to norms, and finalistically determined decision, as an option among possible alternatives to achieve specific aims. The main objective is to enter into a discussion on the methodological meaning of “integrity”, “hard cases” and (...) “right answer”, as presented by Ronald Dworkin, and a critical reflection on the criticism of that approach levelled by Neil MacCormick, so as to confront the relevance of principle and policy arguments, in order to bring about a different methodological approach, an alternative jurisprudentialist conception of adjudication, incorporating a practical-normative constitutive dialectics between legal controversy and legal system, such as that presented by Castanheira Neves. The focus will, then, be the legitimacy of the connection of arguments of principle and consequentialist arguments in adjudication, its selection and its justification, stating, therefore, a specifically assumed judicium, a judicative decision, having the legal system as its horizon of normative reference and of substantial and institutional autonomy. (shrink)

Ronald Dworkin's theory of law forges a close connection between questions about the truth of propositions of law and the question of political obligation: law as integrity is a theory of legal practice that purports to explain, not only how the content of law is determined, but also why the law—in ordinary cases—imposes an obligation of obedience. The theory (as presented) is ultimately incoherent. If we accept Dworkin's theory of the grounds of law we are obliged to reject his (...) claims about its force; alternatively, if we accept his view of the force of law, we must reject his theory about its grounds: he cannot be correct about both force and grounds. Dworkin supposes that, in extraordinary cases, the force of law is cancelled or overridden; but the relevant considerations of justice are wholly internal to our identification of the content of law. Consistently elaborated, integrity denies the offending requirements legal status: lex injusta non est lex. (shrink)

The suicidal proclivity of our time, writes the acclaimed philosopher J. Budziszewski, is to deny the obvious. Our hearts are riddled with desires that oppose their deepest longings, because we demand to have happiness on terms that make happiness impossible. Why? And what can we do about it? Budziszewski addresses these vital questions in his brilliantly persuasive new book, _The Line Through the Heart_. The answers can be discovered in an exploration of natural law—a venture that, with Budziszewski as our (...) expert guide, takes us through politics, religion, ethics, law, philosophy, and more. Natural law, the author states plainly but provocatively, is a _fact_ about human beings; as surely as we have hands and feet, we have the foundational principles of good and evil woven into the fabric of our minds. From this elemental fact emerges a natural law _theory_ that unfolds as part of a careful study of the human person. Thus, Budziszewski shows, natural law forms a common ground for humanity. But this common ground is slippery. While natural law is truly an observable part of human nature, human beings are hell-bent—quite literally—on ignoring it. The mere mention of the obligations imposed on man by his nature will send him into a rage. In this sense, _The Line Through the Heart _explores natural law as not simply a fact and a theory but also a _sign of contradiction_. While investigating the natural law and its implications, Budziszewski boldly confronts—and offers a newly integrated view of—a wide range of contemporary issues, including abortion, evolution, euthanasia, capital punishment, the courts, and the ersatz state religion being built in the name of religious toleration. Written in Budziszewski’s usual crystalline style, _The Line Through the Heart_ makes clear that natural law is a matter of concern not merely to scholars; it touches how each of us lives, and how all of us live _together_. His profoundly important examination of this subject helps us make sense of why habits that run against our nature have become second nature, and why our world seems to be going mad.__. (shrink)

This paper analyses the Verlagsanzeige of the humanist, mathematician, astronomer and publisher Johannes Regiomontanus. How is humanism expressed in this famous document from German early printing and what is its relationship to philosophy? The article shows that Regiomontanus advocated a special form of humanism that went beyond the standard humanism that he valued, with ‘truth’ as its most important aspect. From the epistemological perspective of the history of philosophy in Regiomontanus’s publishing programme, the ‘truth’ of mathematics is seen, analogous to (...) some predecessors, as a paradigm of programmatic testimony. The integration of philosophy is evident in this, as in another specified way as well. (shrink)

Twenty-five years have passed since my first exposure to the field of “elder law.” From a “young” master’s student I have become a law professor and a gerontologist who specializes in law and aging. The journey I have personally experienced in the last quarter-century provided me with some perspective regarding the field of elder law (or, as I prefer to call it, law and aging).In this Article, I try to summarize my experience and share some personal insights on the field. (...) This is naturally a very personal and subjective experience. However, it may be constructive to others in shaping the next twenty-five years of the field. Hence, the goal of this Article is to provide both an integrative description of the developments in the field and some propositions for possible future directions. (shrink)

In Law’s Empire, Ronald Dworkin argues that the choice between conflicting interpretations of law is, and should be, influenced by the aspiration to “integrity,” that is, the construction of law as a coherent whole, as though it were the product of a single author. I argue that, particularly under conditions where opinion on relevant issues is significantly divided, the search for a single coherent explanation of law may be seriously misleading. The idea of integrity is a principled basis (...) for legal interpretation only where there is an underlying unity, rather than an underlying plurality. Dworkin suggests that there is a basis for striving toward such unity, and for an obligation to obey the law, in our “associative” obligations to fellow members of our political community. I argue that such obligations, to the extent that they exist, are too weak to provide an adequate basis for a moral obligation to obey the law. (shrink)

The two leading theoretical approaches to tort law — economic analysis and corrective justice — are blind to distributive considerations. Moreover, even the main distributive approaches to tort law — loss-spreading and fairness — fail to emphasize egalitarianism as a distributive consideration. This article argues that egalitarianism should influence the normative evaluation of one’s conduct as negligent or not. It first explains why normatively negligence law should be sensitive to the egalitarian concern, suggesting three different accounts for this claim, based (...) on needs, equality, and desert as criteria for distribution. Second, it argues that egalitarianism is commensurate with the basic understanding of negligence law as reflecting corrective justice and notions of fault. The notion of fault is, therefore, reformulated from within, in order to accommodate egalitarianism. Third, I maintain that in order for egalitarianism to accommodate notions of corrective justice, egalitarian concerns should matter also at the stage of the standard of care. While the egalitarian concern can and should be integrated into the duty stage, I argue that such integration is insufficient. A correct and full understanding of the egalitarian concern and the tort of negligence requires a conclusion that the normative evaluation of one’s action as negligent or not cannot be separated from the distributive results that this action entails. The egalitarian concern works at the duty stage as an excuse for not imposing liability for wrongful activity. In contrast, at the standard stage, it works as a justification that turns an otherwise wrongful activity into a legitimate one. My claim is that morally we should usually expect more care from the better-off than from the disadvantaged. Findings of negligence are based on the failure to balance properly between one’s interests and those of another. In deciding to what extent the defendant should burden herself in order to prevent a loss to potential victims, one morally relevant criterion is the relative ability of the injurer and victim to bear precaution costs and expected accident loss, respectively. (shrink)

Social epidemiology has made a powerful case that health determined not just by individual-level factors such as our genetic make-up, access to medical services, or lifestyle choices, but also by social conditions, including the economy, law, and culture. Indeed, at the level of populations, evidence suggests that these “structural” factors are thepredominantinfluences on health. Legal scholars in public health, including those in the health and human rights movement, have contended that human rights, laws, and legal practices are powerfully linked to (...) health. Social epidemiology and health-oriented legal scholarship are complementary in their focus and their research needs. Legal scholarship has identified plausible ways in which legal and human rights factors could be influencing health, but empirical evidence has been limited. (shrink)

The purpose of this article was to comprehensively explore the phenomenon of the narrative of the Decalogue in its fundamental principles in the context of the theological understanding of Jewish law. For this purpose abstract-logical methods, historical-legal, phenomenological, axiological, epistemological methods, method of critical and systematic analysis and method of comparative theology were used. The result is a theological understanding of the basic moral and legal principles and reducing to a single, systematic; a study of the correlation between the normative (...) and the moral side of such a narrative was conducted. Of particular importance is the establishment and isolation of the basic initial principle in the defined context that underlies both Sinai law and all the biblical law. Because with the change of historical realities, which coincided with the destruction of the Temple and the termination of sacrifices, the law has also changed. However, the biblical law was of particular ideological importance, it set the tone and revealed and formed the basic principles for the further development of all Jewish law. Therefore, in our study we have drawn attention to the main ideological features of the biblical laws, because in our opinion, the basic formative essence is hidden in them and only by understanding it − will we be able to understand Jewish law itself. However, the phenomenon of law and even more so of Jewish law, is one of the best regulators and exponents of the educational principle that is designed to raise a person in love. Of course, morality is called for it and it should take precedence over everything else, but the legal part should not be ignored. Law should serve as a socially just, integrative, fundamental, binding, most effective, most respected regulator. Therefore, the problem of combining legal principles and moral precepts for biblical law did not stand basically. The significant part of the adopted legal norms initially was characterized by moral prescriptions, confirmed and expressed by law. Such a transition, the shift from morality to law, and the close relationship between them are one inseparable whole. And apart from Halacha, which was responsible for the legal aspect, there were also the writings of the prophets whose task was to illuminate the transition from law to morality, because precisely morality is the essence of everything. Here is the true meaning of the existence of a legal expression of such an educational principle. Thus, the basic educational principle of the Decalogue, in particular, and of biblical law in general, was to educate a high-moral person who had restrictive precepts that would not allow him to fall into lawlessness, and the formative commandments that would allow a person to be educated in the search for God, and to stabilize himself in the godlike state commanded by God through Moses. That is the essence of the Decalogue and Jewish law. The educational principle, both basic and effective, though not so familiar to the modern understanding of the nature of law, is precisely the principle that laid down both the basis of the Decalogue and the foundation of all Jewish law at least in its biblical part. (shrink)

What is the core of legal scholarship? How can we understand its relation to other disciplines, such as moral and political philosophy, sociology, and economics? I explore these questions by analysing the impact of the dual nature thesis. Criticising established theories of legal scholarship, I defend the ideal of an integrative jurisprudence. Integrative jurisprudence combines the two dimensions of law by employing analytical, empirical, and normative methods. I then discuss three objections and address the problem of how to bridge is (...) and ought. In the course of my analysis of three different bridge theories, I ultimately further develop the dual nature thesis into a triadic nature thesis. (shrink)

In this paper, I critically challenge the ability of legal reforms to recognize and integrate the way in which a rape victim sees rape. Current limitations to the law are mainly due to the accepted patriarchal view on law as a form of objective and rational knowledge, outside which there are only impracticable and irrational views. I investigate the case of marriage jurisprudence in the UK, as a prominent example, because it has long accepted marital rape as objectively and rationally (...) part of a wife’s duty. Even though changes have occurred which improve the marital rape jurisdiction and prejudicial disbelief concerning a woman’s private life is still used in the courts to question the credibility of the victim. Over the past year, extensive efforts have been made to reform the management of rape cases. Whilst there is a need to acknowledge the seriousness of the accusation with rigorous legal principles which provide appropriate safeguards for the accused person as well as the complainant, especially bearing in mind the often “private” circumstances, with a concomitant lack of witnesses, it remains the case that the rate of attribution in attempts to secure successful prosecutions in rape case remains overwhelming. I show how a Wittgensteinian approach to law would take into consideration the shape of gendered lives as they are experienced, and hence would not accept just one legal interpretation of marital law. The phenomenon of “seeing-as” in Wittgenstein’s philosophy can support the experience of being jolted into appreciating the feminist aspect of consent in marital sexual relationships. (shrink)

Continual corporate malfeasance signals the need for obeying the law and for enhancing business ethics perspectives. Yet, the relationship between law and ethics and its integrative role in defining values are often unclear. While integrity-based ethics programs emphasize ethics values more than law or compliance, viewing ethics as being integrated with law may enhance understanding of an organization’s core values. The author refers to this integration of law and ethics as “substantive ethics,” analogous to the substantive law that evolves (...) over time, which is applied to ethical breaches and carries sanctions for non-compliance. This article describes the integration of law and ethics as a mid-point between two polar views that define law and ethics either as having no relation or as being one and the same. Since corporations expressly state which laws they follow, a sample of corporate compliance statements is used to demonstrate this integrative mid-point. The sample also reveals that corporate ethics codes rarely express ethics and law as being integrated per se. Therefore, the author creates an example of a securities law compliance statement that is introduced with an integrative perspective of law and ethics. Perhaps such revised corporate codes will encourage corporate respect for both law and ethics and enhance ethical sustainability. (shrink)

Law in the Age of Pluralism contains a collection of essays on the intersection of legal and political philosophy. Written within the analytical tradition in jurisprudence, the collection covers a wide range of topics, such as the nature of law and legal theory, the rule of law, the values of democracy and constitutionalism, moral aspects of legal interpretation, the nature of rights, economic equality, and more. The essays in this volume explore issues where law, morality and politics meet, and discuss (...) some of the key challenges facing liberal democracies. Marmor posits that a liberal state must first and foremost respect people's personal autonomy and their differing, though reasonable, conceptions of the good and the just. This basic respect for pluralism is shown to entail a rather skeptical attitude towards grand theories of law and state, such as contemporary constitutionalism or Dworkin's conception of 'law as integrity'. The values of pluralism and respect for autonomy, however, are also employed to justify some of the main aspects of a liberal state, such as the value of democracy, the rule of law, and certain conceptions of equality. The essays are organized in three groups: the first considers the rule of law, democracy and constitutionalism. The second group consists of several essays on the nature of law, legal theory, and their relations to morality. Finally, the collection concludes with essays on the nature of rights, the limits of rights discourse, and the value of economic equality. (shrink)

Social epidemiology has made a powerful case that health determined not just by individual-level factors such as our genetic make-up, access to medical services, or lifestyle choices, but also by social conditions, including the economy, law, and culture. Indeed, at the level of populations, evidence suggests that these “structural” factors are the predominant influences on health. Legal scholars in public health, including those in the health and human rights movement, have contended that human rights, laws, and legal practices are powerfully (...) linked to health. Social epidemiology and health-oriented legal scholarship are complementary in their focus and their research needs. Legal scholarship has identified plausible ways in which legal and human rights factors could be influencing health, but empirical evidence has been limited. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy of Music Education Review 11.2 (2003) 170-184 [Access article in PDF] Music Education and LawRegulation as an Instrument Marja Heimonen Sibelius Academy, Helsinki, Finland Introduction Of all the fine arts, music has the greatest influence on passions; it is that which the law-giver must encourage most: a piece of music written by a master inevitably touches the feelings and has more influence on morality than a good book, (...) which convinces reason without affecting our habits. (Napoleon 1797) 1This essay examines the relationship between music education and law and focuses on extra-curricular music education for children and adolescents. 2 The tension between the general (law) and the particular (individual needs of each pupil) is described. However, achieving harmony is important both in law and in music. A composer may create a composite piece of music (order) out of fragments (disorder) 3 just as a judge creates order when he or she decides a legal case, or a law-giver enacts a statute that takes account of different kinds of interests of people usually represented by political parties or associations.The concept of freedom is also important both in music and in law. It has been stated that there is no freedom without boundaries. Legal norms that usually restrict the freedom of human behavior have an important role in creating [End Page 170] freedom: they can guarantee opportunities and circumstances for musical activities.In this paper certain legal aspects related to music education are approached in the light of two principles: the right to education and freedom in education. One of the aims is to discover what kind of regulative model would be suitable and would actually promote music education. The right to education refers to the right to music education and to the duty of the state to secure the relevant conditions and circumstances, whereas freedom in education refers to individual needs and choice regarding the content. The intention is to describe the educational and legal issues as they presently are particularly in Sweden, England, Germany, and Finland, and in the process of doing this to raise additional questions. Law as an Instrument The subtitle of this essay, "Regulation as an Instrument," refers to Aristotle's ideas about the law as a means of moral education. 4 In his view, the state has to educate its individual citizens in the exercise of virtue, since living according to virtue means living in harmony with one's own nature, this being the proper end of the individual. 5 Aristotle referred to virtue as a disposition that demands long and careful exercise. Thus, for him and his followers, the law becomes an instrument in moral education. 6Aristotle argued that moral education is one of the functions of music 7 because music has the power of forming character. 8 He was of the opinion that virtues manifest themselves in forms of activity. For instance, in order to acquire correct musical taste and judgment, free men should learn to play musical instruments; music education should include participation in actual playing. In general, Aristotle stressed the importance of education: "It is clear then that there should be laws laid down about education, and that education itself must be made a public concern." 9Aristotle's ideas on the good life have become the basis for many thinkers, especially communitarians. Liberal concepts, such as those presented by Ronald Dworkin, can be compared with communitarian conceptions of "the good" and the role of the state in promoting it. Liberal and communitarian approaches may be integrated as they are in "moral individualism" where the aim is to find a way to promote the moral development of an individual in a pluralistic, multicultural society. 10 The integration of communitarian and liberal views should help in finding a way to justify a positive role for the state in producing conditions and circumstances for the good, flourishing life. The content of a good life should not be directed by the state, although in practice the state cannot be completely neutral. Music is a part of the good life... (shrink)

This book examines the intricate dynamics of when individuals adhere to laws, taking into account the context in which laws attempt to shape human behavior. While existing literature touches upon various reasons why people comply with laws, the book focuses on a critical question which has been missing from the discussion: when do people obey laws? By treating law as a form of social communication, it develops an integrated framework to answer this question. It explores how social, psychological, and institutional (...) conditions shape compliance decisions of individuals. What does a law signify? When does the compulsion to obey arise? When do individuals comply out of a fear for legal sanctions or social repercussions? Why do some laws have high symbolic values and others fail despite harsh punishments? The book unveils the contextual intricacies that underlie obedience to law. It challenges conventional wisdom and offers a fresh perspective on the power and limitations of law in shaping human behavior. For scholars and academics seeking a deeper understanding of legal compliance and role of law in shaping behaviors, this book will be an indispensable resource. (shrink)

Medical law is not new in medical literature and can constitute an imperative component in medical education. Some medical schools include medical law as a compulsory component of the curriculum. In line with curriculum re-structuring at the University of Malaya, medical law was integrated in the medical curriculum and the feasibility of this integration into the Year 1 undergraduate curriculum was evaluated. Following implementation of a 4-week medical law module, an evaluation of the suitability of early integration of this module (...) was conducted using a ten-item, 4-point Likert scale questionnaire. Two open-ended questions were also included to gauge insights of the integration. All items were scored 3 points or more from the students’ responses. Using the open-ended questions, recommendations for future directions as well as constraints and issues related to the integration of medical law into teaching and learning was revealed. Overall, findings of the study indicated that integrating medical law into medical curriculum at an early stage was beneficial for the medical students. (shrink)

Defends my proposed account of lying (framed in terms of new classical natural law theory) against Chris Tollefsen's objections, centering on the objection that, whatever else it involves, lying necessarily involves an attack on the basic good of self-integration.

law's oscillation between power and meaning -- Law's screen life : visualizing law in practice -- Images run riot : law on the landscape of the neo-baroque -- Theorizing the visual sublime : law's legitimation reconsidered -- The digital challenge : command and control culture and the ethical sublime -- Conclusion : visualizing law as integral rhetoric : harmonizing the ethical and the aesthetic.

In the foundational piece in this issue of the journal, “Integrating Law and Social Epidemiology,” Burris, Kawachi, and Sarat present a model for understanding the relationship between law and health. This article uses the case of a specific health condition, the human immunodeficiency virus infection, as an opportunity to flesh out this schema and to test how the model “fits” the world of the HIV pandemic. In applying the model to this communicable disease, we hope to illustrate the multitude of (...) ways that laws affect the course of the pandemic as well as the course of an individual’s vulnerability or resilience to the disease, and how the complexities of an individual’s life dealing with the virus interface with the world of laws and legal institutions. (shrink)

In the foundational piece in this issue of the journal, “Integrating Law and Social Epidemiology,” Burris, Kawachi, and Sarat present a model for understanding the relationship between law and health. This article uses the case of a specific health condition, the human immunodeficiency virus infection, as an opportunity to flesh out this schema and to test how the model “fits” the world of the HIV pandemic. In applying the model to this communicable disease, we hope to illustrate the multitude of (...) ways that laws affect the course of the pandemic as well as the course of an individual’s vulnerability or resilience to the disease, and how the complexities of an individual’s life dealing with the virus interface with the world of laws and legal institutions. (shrink)

Exploring Law's Empire is a collection of essays by leading legal theorists and philosophers who have been invited to develop, defend, or critique Ronald Dworkin's controversial and exciting jurisprudence. The volume explores Dworkin's critique of legal positivism, his theory of law as integrity, and his writings on constitutional jurisprudence. Each essay is a cutting-edge contribution to its field of inquiry, the highlights of which include an introduction by Justice Stephen Breyer of the United States Supreme Court, and a concluding (...) essay by Dworkin himself. This final chapter responds to the preceding essays and lays out Dworkin's own vision for the future of jurisprdence over the coming years. (shrink)

This article describes the racial integration of Emory University and the subsequent creation of Pre-Start, an affirmative action program at Emory Law School from 1966 to 1972. It focuses on the initiative of the Dean of Emory Law School at the time, Ben F. Johnson, Jr.. Johnson played a number of leadership roles throughout his life, including successfully arguing a case before the United States Supreme Court while he was an Assistant Attorney General of Georgia, promoting legislation to create Atlanta (...) 's subway system as a state senator, and representing Emory in its lawsuit to strike down the state statute that would have rescinded its tax exemption if it admitted African American students ). This account supplements my related article on Pre-Start, "'A Bulwark against Anarchy': Affirmative Action, Emory Law School, and Southern Self-Help", providing more information about historical context generally, and particularly about Emory v. Nash. Johnson was ambitious for Emory as a whole, and particularly for the Law School, and he saw in segregation the single largest impediment to making Emory a nationally prominent research university. The story of Emory's integration, and Johnson's leadership, requires revision of the prevailing story of integration generally, and especially of universities. Integration at Emory came about because of the pressure that African Americans and their supporters created through the civil rights movement, but Emory administrators responded to such pressure more constructively than most. Their actions provide an interesting case study in effective leadership during a period of significant moral and political conflict. (shrink)

Legal theorists tend to focus on disagreement over the law, and yet a theory of law should also explain why lawyers and judges agree on the law as often as they do. To that end, this article first pins down a precise sense in which there can be pervasive agreement on the law. It then argues that such agreement obtains in the United States and likely in many other jurisdictions as well. Finally, it contends that Hartian Positivism offers a straightforward (...) explanation of this phenomenon and, indeed, a better explanation than rival theories, like Ronald Dworkin’s Law as Integrity or Scott Shapiro’s Planning Theory. Given the ubiquity of legal agreement, Hartian Positivism’s explanatory superiority in this regard is a strong, albeit still not dispositive, consideration in its favour. The broader lesson is that theories of law should give greater priority to explaining legal agreement than many theories now do. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy of Music Education Review 11.2 (2003) 170-184 [Access article in PDF] Music Education and LawRegulation as an Instrument Marja Heimonen Sibelius Academy, Helsinki, Finland Introduction Of all the fine arts, music has the greatest influence on passions; it is that which the law-giver must encourage most: a piece of music written by a master inevitably touches the feelings and has more influence on morality than a good book, (...) which convinces reason without affecting our habits. (Napoleon 1797) 1This essay examines the relationship between music education and law and focuses on extra-curricular music education for children and adolescents. 2 The tension between the general (law) and the particular (individual needs of each pupil) is described. However, achieving harmony is important both in law and in music. A composer may create a composite piece of music (order) out of fragments (disorder) 3 just as a judge creates order when he or she decides a legal case, or a law-giver enacts a statute that takes account of different kinds of interests of people usually represented by political parties or associations.The concept of freedom is also important both in music and in law. It has been stated that there is no freedom without boundaries. Legal norms that usually restrict the freedom of human behavior have an important role in creating [End Page 170] freedom: they can guarantee opportunities and circumstances for musical activities.In this paper certain legal aspects related to music education are approached in the light of two principles: the right to education and freedom in education. One of the aims is to discover what kind of regulative model would be suitable and would actually promote music education. The right to education refers to the right to music education and to the duty of the state to secure the relevant conditions and circumstances, whereas freedom in education refers to individual needs and choice regarding the content. The intention is to describe the educational and legal issues as they presently are particularly in Sweden, England, Germany, and Finland, and in the process of doing this to raise additional questions. Law as an Instrument The subtitle of this essay, "Regulation as an Instrument," refers to Aristotle's ideas about the law as a means of moral education. 4 In his view, the state has to educate its individual citizens in the exercise of virtue, since living according to virtue means living in harmony with one's own nature, this being the proper end of the individual. 5 Aristotle referred to virtue as a disposition that demands long and careful exercise. Thus, for him and his followers, the law becomes an instrument in moral education. 6Aristotle argued that moral education is one of the functions of music 7 because music has the power of forming character. 8 He was of the opinion that virtues manifest themselves in forms of activity. For instance, in order to acquire correct musical taste and judgment, free men should learn to play musical instruments; music education should include participation in actual playing. In general, Aristotle stressed the importance of education: "It is clear then that there should be laws laid down about education, and that education itself must be made a public concern." 9Aristotle's ideas on the good life have become the basis for many thinkers, especially communitarians. Liberal concepts, such as those presented by Ronald Dworkin, can be compared with communitarian conceptions of "the good" and the role of the state in promoting it. Liberal and communitarian approaches may be integrated as they are in "moral individualism" where the aim is to find a way to promote the moral development of an individual in a pluralistic, multicultural society. 10 The integration of communitarian and liberal views should help in finding a way to justify a positive role for the state in producing conditions and circumstances for the good, flourishing life. The content of a good life should not be directed by the state, although in practice the state cannot be completely neutral. Music is a part of the good life... (shrink)

In this paper, we will review research done by the Large-Scale Integrated Photonics group at HP Laboratories, and in particular we will discuss applications of optical resonances in dielectric microstructures and nanostructures to future classical and quantum information technologies. Our goal is to scale photonic technologies over the next decade in much the same way as electronics over the past five, thereby establishing a Moore’s Law for optics.

Corruption is the single greatest challenge that erodes and defeats efforts made by many nations, especially in the developing world, towards sustainable development and towards the promotion and strengthening of democratic institutions and values. This article lays out international norms of ethics and integrity, reflected also in Tanzanian norms. It argues that strategic decision is imperative and a ‘Good Governance Architecture' is meant to provide a working solution to curb unethical behaviour, corruption, and the culture of impunity. This working (...) solution – which involves economic and institutional reforms, prevention strategies, enforcement, political will, transparency, accountability, popular participation, the rule of law, and the democratic space – goes further towards the root cause of the problem than legal norms do. (shrink)

Some commentators worry that a plurinational constitutional order can only ever be an inherently unstable modus vivendi. They fear that the accommodation of sub-state nationalism will tend to undermine the viability of constitutional democracies. This article enlists Ronald Dworkin's theory of ‘law as integrity’ to show how these concerns might be assuaged. My central claim is that the expressive value of integrity can drive a divided society in the direction of an eventual community of principle, even in the (...) absence of a common political identity. I argue that this model of political community is a more plausible prescription for divided societies than the theory that competing nationalisms might be superseded by constitutional patriotism. I go on to explain, however, that integrity has a better chance of realizing this potential if the generally judge-centric focus of Dworkin's theory is expanded to make greater room for non-judicial interpretative responsibility. Occasional references are made to the example of Northern Ireland to illustrate my points. (shrink)

This Chapter studies legislative initiatives around sustainable finance deriving from the Action Plan: Financing Sustainable Growth (also called ‘Sustainable Finance Action Plan’, ‘Action Plan’ henceforth), published by the European Commission (‘Commission’) in 2018 (Communication 2018/97). I evaluate various instruments proposed in the Action Plan, using a reflexive law approach coupled with insights from business ethics and epistemology (De Bruin, 2013, 2015). I point to the challenges such an approach encounters, and offer suggestions how to address them. Reflexive law approaches to (...) legislation (Farber 1994, Hess 1999, Orts 1994, Farmer & Teubner 1994) acknowledge the limits of law as an instrument to realize social or political goals, and stress the need to encourage self-reflection and transparency among stakeholders through procedural rather than ‘command-and-control’ legislation. Typical reflexive law instruments involve disclosure, reporting, and labelling. Examining the Action Plan, I show that the main legislative instruments it puts forward are reflexive. I use empirical and theoretical work that challenges the effectiveness of some of these instruments. Drawing on recent work from behavioural economics I suggest that these problems may be overcome once we integrate more fully in reflexive law what it means for people ‘reflectively’ to recruit evidence and gather knowledge, and once we appreciate the value knowledge has over and above mere belief. My argument here is not so much to the effect that more interventionist regulatory tools are needed (they are dearly needed, but that is not the point here). Rather I argue that once a regulator opts for a reflexive law approach, a richer notion of information should be deployed. I call this ‘epistemic’ instead of ‘reflexive’ law. The Chapter gives some background information about the Action Plan, introduces the core ideas of reflexive law, shows how the Action Plan is reflexive law par excellence, considers the challenges, and offers a few modest suggestions. (shrink)

According to contemporary nonpositivist theories, legal obligations are a subset of our genuine moral obligations. Debates within nonpositivism then turn on how we delimit the legal “domain” of morality. Recently, nonpositivist theories have come under criticism on two grounds. First, that they are underinclusive, because they cannot explain why paradigmatically “legal” obligations are such. Second, that they are overinclusive, because they count as “legal” certain moral obligations that are plainly nonlegal. This paper undertakes both a ground-clearing exercise for and a (...) defense of nonpositivism. It argues, in particular, that Dworkin's claims about the legal domain of morality in his later work are often mischaracterized by critics, because these critics fail to read these claims in light of his earlier theory of “Law as Integrity.” A nonpositivist theory that unifies Dworkin's earlier and later work, I argue, deals with the criticisms leveled at nonpositivist theories better than other nonpositivist competitors. (shrink)

This chapter contains sections titled: Problems of Jurisprudence The Enterprise of Legal Theory From Positivism to Natural Law Theory as Interpretation Law as Integrity Unger and the Critical Legal Studies Movement Philosophical Reconstruction of Legal Doctrine.

This paper deals with the questions of whether the law should be coherent and what this coherence would amount to. In this connection so‐called “integrated coherentism” is introduced. According to integrated coherentism, an acceptance set is coherent if and only if it contains everything that should rationally be accepted according to what else one accepts and does not contain anything that should rationally be rejected according to what else one accepts. Such an acceptance set is ideally a theory of everything, (...) including amongst others standards for rational aceptance. On the assumption that the law, as a social phenomenon, is what the best theory about the law says it is, the law must be coherent, because the best theory of the law is part of an integratedly coherent theory of everything. This view is compatible with Raz's view that the law stems from different sources that need not be coherent in the sense that they consistently elaborate the same underlying principles or policies. Raz's view is not a consequence of integrated coherentism, however. (shrink)