Critical examination of Alchourrón and Bulygin’s set-theoretic definition of normative system shows that deductive closure is not an inevitable property. Following von Wright’s conjecture that axioms of standard deontic logic describe perfection-properties of a norm-set, a translation algorithm from the modal to the set-theoretic language is introduced. The translations reveal that the plausibility of metanormative principles rests on different grounds. Using a methodological approach that distinguishes the actor roles in a norm governed interaction, it has been shown that (...) metanormative principles are directed second-order obligations and, in particular, that the requirement related to deductive closure is directed to the norm-applier role rather than to the norm-giver role. The approach has been applied to the case of pure derogation yielding a new result, namely, that an independence property is a perfection-property of a norm-set in view of possible derogation. This paper in a polemical way touches upon several points raised by Kristan in his recent paper. (shrink)

When people learn normative systems, they do so based on limited evidence. Many of the possible actions that are available to an agent have never been explicitly permitted or prohibited. But people will often need to figure out whether those unspecified actions are permitted or prohibited. How does a learner resolve this incompleteness? The learner might assume if an action-type is not expressly forbidden, then acts of that type are permitted. This closure principle is one of Liberty. (...) Alternatively, the learner might assume that if an action-type is not expressly permitted, then acts of that type are prohibited. This closure principle would be one of Residual Prohibition (Mikhail, 2011). On the basis of principles of pedagogical sampling (e.g., Shafto, Goodman, & Griffiths, 2014), we predicted that participants would infer the Liberty Principle (LP) when trained on prohibitions, and they would infer the Residual Prohibition Principle when trained on permissions. This is exactly what we found across several experiments. We also found a bias in favor of Liberty insofar as participants trained on both a prohibition and a permission rule tended still to infer the LP. However, we also found that if an action is potentially harmful, this diminishes the tendency to infer the LP. (shrink)

The topic of this paper may be introduced by fast zooming in and out of the philosophy of information. In recent years, philosophical interest in the nature of information has been increasing steadily. This has led to a focus on semantic information, and then on the logic of being informed, which has attracted analyses concentrating both on the statal sense in which S holds the information that p (this is what I mean by logic of being informed in the rest (...) of this article) and on the actional sense in which S becomes informed that p. One of the consequences of the logic debate has been a renewed epistemological interest in the principle of information closure (henceforth PIC), which finally has motivated a revival of a skeptical objection against its tenability first made popular by Dretske. This is the topic of the paper, in which I seek to defend PIC against the skeptical objection. If I am successful, this means – and we are now zooming out – that the plausibility of PIC is not undermined by the skeptical objection, and therefore that a major epistemological argument against the formalization of the logic of being informed based on the axiom of distribution in modal logic is removed. But since the axiom of distribution discriminates between normal and non-normal modal logics, this means that a potentially good reason to look for a formalization of the logic of being informed among the non-normal modal logics, which reject the axiom, is also removed. And this in turn means that a formalization of the logic of being informed in terms of the normal modal logic B (also known as KTB) is still very plausible, at least insofar as this specific obstacle is concerned. In short, I shall argue that the skeptical objection against PIC fails, so it is not a good reason to abandon the normal modal logic B as a good formalization of the logic of being informed. (shrink)

The principle of epistemic closure is the claim that what is known to follow from knowledge is known to be true. This intuitively plausible idea is endorsed by a vast majority of knowledge theorists. There are significant problems, however, that have to be addressed if epistemic closure – closed knowledge – is endorsed. The present essay locates the problem for closed knowledge in the separation it imposes between knowledge and evidence. Although it might appear that all that (...) stands between knowing the truth of the premises of a valid inference and knowledge of its conclusion is inferring it from the premises, the evidence for each of the premises may jointly count against the conclusion. The intuitive view regarding inferred knowledge says one thing, the evidence says another. One epistemological framework that seems to have the resources to resolve this tension endorses the view that knowledge always requires conclusive evidence. A second framework resolves the tension by limiting the scope of the closure principle. Only inferences drawn directly from propositions contained in the scope of a single knowledge operator are considered closed. The aim of the present essay is to revive the unpopular third option, the idea that knowledge is open. The essay proceeds by arguing that in different ways the two former frameworks only succeed in relocating the problem, not in resolving it. The first framework, the infallibilist view, relocates the problem to a sharp separation between knowledge of the occurrences of events from knowledge of their chance of occurring, a separation leading to several significant additional problems. The fallibilist view, the second framework, in endorsing closure neglects to take into full account the ways in which evidence fails to be transitive. For instance, evidence can count in favor of a conjunction while counting against each of its conjuncts. This fact, which is argued for in the essay on probabilistic as well as non-probabilistic grounds, is used as the foundation of an argument against closed knowledge that can be used as a way to understand several of the most fundamental challenges of epistemology. Not only can an open knowledge view that is based on open evidence resolve all these problems in a simple and natural way, it can also respond to formidable challenges that significantly hinder other open knowledge views. There are good reasons, then, to view both knowledge and evidence as open. (shrink)

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the do main of a few isolated scholars in law and philosophy. Hundreds of scho lars 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 available to an international audience, but it also en courages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, aIthouogh some eidted volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of inter nationally renowned scholars. (shrink)

The article aims at organizing multifaceted discourse on the concept of nondirectiveness in the practice of genetic counseling. The analysis of areas where nondirectiveness was invoked and discussed reveals the problematic confusion of different meanings of the term that often leads to false conclusions about the relations between the professional standards and the practice of genetic counseling. The article offers clear and comprehensive description of different approaches to nondirectiveness and various ideas associated with the term. Normative consequences of various (...) meanings attributed to nondirectiveness are explored. The article concludes by presenting important but unsolved problems regarding both theory (the meaning of nondirectiveness and its operational definition) and practice of genetic counseling (the scope and content of the norm of nondirective counseling). (shrink)

Recent views in hinge epistemology rely on doxastic normativism to argue that our attitudes towards hinge propositions are not beliefs. This paper has two aims; the first is positive: it discusses the general normative credentials of this move. The second is negative: it delivers two negative results for No-Belief hinge epistemology such construed. The first concerns the motivation for the view: if we’re right, doxastic normativism offers little in the way of theoretical support for the claim that our attitudes (...) towards hinge propositions are anything but garden-variety beliefs. The second concerns theoretical fruitfulness: we show that embracing a No-Belief view will either get us in serious theoretical trouble, or loose all anti-sceptical appeal. (shrink)

An essential aim of this study is to present principles of the legal interpretation of the term “building structure” for the needs of the imposition of a real estate tax. The analysis of both administrative courts’ judgments and the subject literature indicates lack of consistency in the scope of this term’s meaning. In my opinion, interpretative discrepancies are caused by incorrect legal interpretation of the legal definition. It should be noticed that numerous controversies connected with the legal interpretation of the (...) term building structure are connected with considerable tax burden of this type of building objects. Taxpayers, for obvious reasons, are therefore “interested” in not finding the objects owned by them to be building structures in the meaning of the Tax Law, or possibly in finding only those objects’ specified parts to be building structures. It is easily apparent particularly in the case of objects of complex structures. On the other hand, however, for many municipalities in Poland, income from building structures’ taxation creates municipal budgets. This way the practice of applying local tax law encounters numerous disputes between taxpayers and self-government tax authorities. (shrink)

This article argues that a successful answer to Hume's problem of induction can be developed from a sub-genre of philosophy of science known as formal learning theory. One of the central concepts of formal learning theory is logical reliability: roughly, a method is logically reliable when it is assured of eventually settling on the truth for every sequence of data that is possible given what we know. I show that the principle of induction (PI) is necessary and sufficient for (...) logical reliability in what I call simple enumerative induction. This answer to Hume's problem rests on interpreting PI as a normative claim justified by a non-empirical epistemic means-ends argument. In such an argument, a rule of inference is shown by mathematical or logical proof to promote a specified epistemic end. Since the proof concerning PI and logical reliability is not based on inductive reasoning, this argument avoids the circularity that Hume argued was inherent in any attempt to justify PI. (shrink)

The polarities of democracy framework is used to achieve human emancipation by simultaneously managing multiple paradoxes by employing Johnson’s polarity management as the conceptual framework. Although Johnson’s framework may be appropriate for managing other tension-dependent pairs, it is less suitable for managing multiple democratic values when the goal is human emancipation and sustainable democratic social change. Managing multiple polarities is exacerbated by the problem-shifting and problem-creation effect inherent in a tension-driven framework. The aim was to develop a constructivist grounded theory (...) to answer the research question: How can the first principles of democracy be used to reduce dynamic tension and achieve human emancipation? This gap has been filled by a parsimonious conceptual framework based on three democratic principles: human dignity, fairness, and knowledge. The principles of democracy conceptual framework can synthesize the tension between democratic values in order to manage, plan, and evaluate democratic social change initiatives. (shrink)

I develop a critique of Hume’s infamous problem of induction based upon the idea that the principle of induction (PI) is a normative rather than descriptive claim. I argue that Hume’s problem is a false dilemma, since the PI might be neither a “relation of ideas” nor a “matter of fact” but rather what I call a contingent normative statement. In this case, the PI could be justified by a means-ends argument in which the link between means (...) and end is established solely by deductive reasoning. The means-ends argument is an elementary result from formal learning theory that you must be willing to make inductive generalizations if you want to be logically reliable in the types of examples Hume described. This justification of the PI avoids both horns of Hume’s dilemma. Since no contradiction ensues from rejecting logical reliability as an aim, the PI is contingent. Yet since the proof concerning the PI and logical reliability is not based on inductive reasoning, there is no threat of circularity. (shrink)

Normative political theorists have been growing more and more aware of the many difficult questions raised by the discretionary power inevitably left to public administrators. This article aims to advance a novel normative principle, called ‘principle of restraint’, regulating reform of established administrative agencies. I argue that the ability of public administrators to exercise their power in accordance with the requirements of public reason is protected by an attitude of restraint on the part of potential reformers. (...) Specifically, they should refrain from any reform of an administrative agency that involves a switch to a considerably more loosely interconnected system of values underlying the work of that agency. To illustrate the importance of the principle of restraint, I examine a case from British health policy, showing that a recent reform of the National Institute for Health and Care Excellence well exemplifies the serious problems brought by any violation of that principle. (shrink)

What is a just distribution of economic benefits and burdens? Principles of distributive justice help us answer this and related questions about how we should design the economic system. Principles of distributive justice guide our perception and judgment by telling us what facts to care about and when and why these facts reveal justice or injustice in the distribution of some good or burden. Thus, these principles bridge the gap between basic normative categories of right and wrong and facts (...) about our social world, guiding our attempts to build more just societies. This chapter presents and discusses the main principles of distributive justice—the principles of equality, sufficiency, liberty, utility, priority, merit, and equality of opportunity. (shrink)

Assisted migration (AM) is a translocation of the representatives of species to areas outside their natural habitats as a response to climate change. This article seeks to identify how customary norms and general principles of international environmental law could guide the development of regulation of AM maximizing the benefits of using AM and minimizing AM-related risks. Among the customary norms and principles of international environmental law discussed in the article and relevant to the regulation of AM are the permanent sovereignty (...) over natural resources, the principle of cooperation, the no-harm rule, the precautionary principle, the principles of prevention, due diligence, and obligation to conduct environmental impact assessment (EIA), the principles of integration and intergenerational equity, common but differentiated responsibilities, and the polluter pays principle, the principles of non-regression, progression, resilience, in dubio pro natura, the principle of ecological proportionality, and the principle of access to information, public participation, and access to justice in environmental matters (principle of good governance, environmental democracy). (shrink)

The article of Volodymyr Moroz ―Normative character of the principles of Social doctrine of Catholic Church: an evolutional way of formation - is devoted to the analysis of Catholic Church’s Teaching over the human dignity. Author explores also the process of settling of the principles of common good, subsidiarity and solidarity in the Teaching of Catholic Church. Mentioned principles are investigated in the case of orientation to provide a reverence to transcendent human dignity. Author sums up that all three (...) principles have normative character. That is to say the principles are called to guarantee certain coordination between the social reality and the verities, which were declared by the Social doctrine of the Church. (shrink)

In 2004 Emanuel et al. published an influential account of exploitation in international research, which has become known as the 'fair benefits account'. In this paper I argue that the thin definition of fairness presented by Emanuel et al, and subsequently endorsed by Gbadegesin and Wendler, does not provide a notion of fairness that is adequately robust to support a fair benefits account of exploitation. The authors present a procedural notion of fairness – the fair distribution of the benefits of (...) research is to be determined on a case-by-case basis by the parties involved in each study. The fairness of the distribution of benefits is not assessed against an independent normative standard. Emanuel et al.'s account of fairness provides a framework for objecting only to transactions that occur without the fully informed consent of the weaker party. As a result, a debate about exploitation collapses into a debate about consent. This is problematic because, as the proponents of the fair benefits framework acknowledge, neither the trial participants' consent nor the host community's consent preclude exploitation. Attempts to stipulate normative standards of fairness to protect research subjects in developing countries have been controversial and divisive, and it is therefore understandable that bioethicists would be tempted to develop accounts of exploitation that are independent of such prescriptive principles. I conclude, however, that the utility of the fair benefits model of exploitation as a policy tool will ultimately depend on whether a substantive principle of fairness can be developed to underpin it. (shrink)

According to a popular objection against epistemic contextualism, contextualists who endorse the factivity of knowledge, the principle of epistemic closure and the knowledge norm of assertion cannot coherently defend their theory without abandoning their response to skepticism. After examining and criticizing three responses to this objection, we offer our own solution. First, we question the assumption that contextualists ought to be interpreted as asserting the content of their theory. Second, we argue that contextualists need not hold that high (...) epistemic standards govern contexts in which they defend their theory. (shrink)

Large-scale linkage of international clinical datasets could lead to unique insights into disease aetiology and facilitate treatment evaluation and drug development. Hereto, multi-stakeholder consortia are currently designing several disease-specific translational research platforms to enable international health data sharing. Despite the recent adoption of the EU General Data Protection Regulation, the procedures for how to govern responsible data sharing in such projects are not at all spelled out yet. In search of a first, basic outline of an ethical governance framework, we (...) set out to explore relevant ethical principles and norms. We performed a systematic review of literature and ethical guidelines for principles and norms pertaining to data sharing for international health research. We observed an abundance of principles and norms with considerable convergence at the aggregate level of four overarching themes: societal benefits and value; distribution of risks, benefits and burdens; respect for individuals and groups; and public trust and engagement. However, at the level of principles and norms we identified substantial variation in the phrasing and level of detail, the number and content of norms considered necessary to protect a principle, and the contextual approaches in which principles and norms are used. While providing some helpful leads for further work on a coherent governance framework for data sharing, the current collection of principles and norms prompts important questions about how to streamline terminology regarding de-identification and how to harmonise the identified principles and norms into a coherent governance framework that promotes data sharing while securing public trust. (shrink)

The goal of synthetic biology is to create artificial organisms. To achieve this it is essential to understand what life is. Metabolism-replacement systems, or (M, R)-systems, constitute a theory of life developed by Robert Rosen, characterized in the statement that organisms are closed to efficient causation, which means that they must themselves produce all the catalysts they need. This theory overlaps in part with other current theories, including autopoiesis, the chemoton, and autocatalytic sets, all of them invoking some idea of (...) closure. A simple model of an (M, R)-system has been implemented in the computer, and behaves in ways that may shed light on the requirements for a prebiotic self-organizing system. In addition to a trivial steady state in which nothing happens, it can establish a non-trivial steady state in which all intermediates have finite concentrations, with their rates of degradation balanced by their rates of synthesis. The system can be regenerated from the set of food components plus a single intermediate, and maintain itself in that state indefinitely, despite continuous degradation. At the very low compartment volumes that may have existed in prebiotic conditions, for example in cavities in minerals, or in micelles formed by simple amphiphiles, statistical fluctuations in the numbers of molecules need to be taken into account. With the stochastic approach there is no non-trivial steady state in strict mathematical terms, because the system will always collapse to the trivial state after sufficient time. However, the average time before collapse is so long for volumes greater than $10^{-19}\;{\textsc{l}}$ (much smaller than the volume of the order of $10^{-15}\;{\textsc{l}}$ for a typical bacterial cell) that for practical purposes the self-maintaining state of non-null concentrations becomes significant, recalling the situation of bistability that is observed in deterministic analysis. In turn, there exists a minimum size below which the self-organizing system cannot maintain itself on chemically relevant time scales. The value of the critical volume depends on the particular concentrations and rate constants assumed, but the principle could apply generally. (shrink)

Although stakeholder theory is concerned with stakeholder engagement, substantive operational barometers of engagement are lacking in the literature. This theoretical paper attempts to strengthen the accountability aspect of normative stakeholder theory with a more robust notion of stakeholder engagement derived from the concept of good faith. Specifically, it draws from the labor relations field to argue that altered power dynamics are essential underpinnings of a viable stakeholder engagement mechanism. After describing the tenets of substantive engagement, the paper draws from (...) the labor relations and commercial law literatures to describe the characteristics of good faith as dialogue, negotiation, transparency, and totality of conduct; explains how they can be adapted and applied to the stakeholder context; and suggests the use of mediation and non-binding arbitration. The paper concludes by addressing anticipated objections and shortcomings and discussing implications for theory and research. (shrink)

The paper explores the relationship between the Principle of Double Effect and Just War Theory, with emphasis on their relationship in the philosophy of Thomas Aquinas. Both PDE and JWT are of Medieval origin, and are classical exponents of medieval moral philosophy. The main connection between them is, however, that they can both be viewed as theories about permissible violence and harm, that is theories about when it is morally permissible to harm and possibly kill another human being. The (...) final point of the paper is that PDE is an important element within JWT, or rather that when just war theorists manage to justify a certain types of violence they do so by extensive use of PDE. This only applies to one part of JWT, jus in bello, which concerns the actual morality of fighting, not the right to war itself. If these assumptions can be reasonably fleshed out, and if it is possible to show that PDE is of crucial importance to certain elements of jus in bello, such as methods for justifying civilian casualties, that would entail that our own moral examinations of warfare differ precisely because we either accept or don’t accept PDE as a viable and reasonable principle in normative ethics. (shrink)

This paper discusses the normative structure of principles that require belief-revision in the face of disagreement, the role of self-trust in our epistemic lives, and the tensions that arise between the two. Section 2 argues that revisionary principles of disagreement share a general normative structure such that they prohibit continued reliance upon the practices via which one came to hold the beliefs under dispute. Section 3 describes an affective mode of epistemic self-trust that can be characterised as one’s (...) having an attitude of optimism about the reliability of the practices via which one forms beliefs. The availability of affective self-trust is crucial to being able to rationally resist doubts about those practices. However, as argued in the final section of the paper, following revisionary principles of disagreement can render such trust psychologically unavailable. Consequently, attempts to follow such principles can have doxastic consequences that predictably exceed their normative implications. (shrink)

Developing and implementing artificial intelligence (AI) systems in an ethical manner faces several challenges specific to the kind of technology at hand, including ensuring that decision-making systems making use of machine learning are just, fair, and intelligible, and are aligned with our human values. Given that values vary across cultures, an additional ethical challenge is to ensure that these AI systems are not developed according to some unquestioned but questionable assumption of universal norms but are in fact compatible with the (...) societies in which they operate. This is particularly pertinent for AI research and implementation across Africa, a ground where AI systems are and will be used but also a place with a history of imposition of outside values. In this paper, we thus critically examine one proposal for ensuring that decision-making systems are just, fair, and intelligible—that we adopt a principle of explicability to generate specific recommendations—to assess whether the principle should be adopted in an African research context. We argue that a principle of explicability not only can contribute to responsible and thoughtful development of AI that is sensitive to African interests and values, but can also advance tackling some of the computational challenges in machine learning research. In this way, the motivation for ensuring that a machine learning-based system is just, fair, and intelligible is not only to meet ethical requirements, but also to make effective progress in the field itself. (shrink)

Tom Beauchamp and James Childress have always maintained that their four principles approach (otherwise known as principlism) is a globally applicable framework for biomedical ethics. This claim is grounded in their belief that the principles of respect for autonomy, non-maleficence, beneficence and justice form part of a 'common morality', or collection of very general norms to which everyone who is committed to morality subscribes. The difficulty, however, has always been how to demonstrate, at least in the absence of a full-blooded (...) analysis of the concept of morality, whether the four principles are foundational, and so globally applicable, in this way. In the recently published sixth edition of Principles of Biomedical Ethics, an imaginative and non-question-begging empirical method of determining the common morality's norms is suggested. In this paper, I outline this method, before arguing that it is difficult to see how it might be thought to achieve its purpose. (shrink)

In Bayesian epistemology, the problem of the priors is this: How should we set our credences (or degrees of belief) in the absence of evidence? That is, how should we set our prior or initial credences, the credences with which we begin our credal life? David Lewis liked to call an agent at the beginning of her credal journey a superbaby. The problem of the priors asks for the norms that govern these superbabies. -/- The Principle of Indifference gives (...) a very restrictive answer. It demands that such an agent divide her credences equally over all possibilities. That is, according to the Principle of Indifference, only one initial credence function is permissible, namely, the uniform distribution. In this paper, we offer a novel argument for the Principle of Indifference. I call it the Argument from Accuracy. (shrink)

Principles of need are constantly referred to in health care priority setting. The common denominator for any principle of need is that it will ascribe some kind of special normative weight to people being worse off. However, this common ground does not answer the question how a plausible principle of need should relate to the aggregation of benefits across individuals. Principles of need are sometimes stated as being incompatible with aggregation and sometimes characterized as accepting aggregation in (...) much the same way as utilitarians do. In this paper we argue that if one wants to take principles of need seriously both of these positions have unreasonable implications. We then characterize and defend a principle of need consisting of sufficientarian elements as well as prioritarian which avoids these unreasonable implications. (shrink)

In 'Yeogi (禮記)', the Chinese scriptures of Confucianism, they recoded the solar calendar of modern viewpoints. According to the ancient document, the 24 solar terms was one of seasonal divisions in a year. The regularly change of the four seasons play an important part in the national economic project. For a national economy depended on agriculture in East Asia of ancient times, the administration to pay no regard to the change of the season was directly connected to the fall of (...) the nation. And then the legislator must enact laws to reflect the change of the season. According to the 'Wolryeong (月令)' in 'Yeogi (禮記)', there is recoded national regulations to suit with the each twelve momth. The first month of spring is the prime of the year (February). The month shows sign of new livingthings. The ruler take order to protect the first breath of spring and ought to put a ban on the military training and labor mobilization. The reasons are to safeguard the new life and not to interrupt the preparation for farming. Confucian attach value to the nature within a human’s way of life. Therefore the norm of human do correlate closely with the principle of nature. The rule of Wuju (宇宙) was not a simple concept of the natural phenomenon and Cheon (天) was not the Almighty for himself. Cheon was just the existence of virtue and moral influence in the confidence of man. And Ji (地) was the Mother of all things. In this space man had to manage the world in sympathy with the process of cheonJi (天地); Cheonsi (天時), JIri (地利), Inhwa (人和). (shrink)

Logic arguably plays a role in the normativity of reasoning. In particular, there are plausible norms of belief/disbelief whose antecedents are constituted by claims about what follows from what. But is logic also relevant to the normativity of agnostic attitudes? The question here is whether logical entailment also puts constraints on what kinds of things one can suspend judgment about. In this paper I address that question and I give a positive answer to it. In particular, I advance two logical (...) norms of agnosticism, where the first one allows us to assess situations in which the subject is agnostic about the conclusion of a valid argument and the second one allows us to assess situations in which the subject is agnostic about one of the premises of a valid argument. (shrink)

Discursive theories of justice have been questioned for putting forward high-level principles that should nevertheless play a role in practical discourses in which the justice of a claim is at stake. Here, I will critically examine and systematize the main tenets in Rawls’s and Habermas’s discursive theories, and will suggest that the principles of justice (Rawls) and universalization (Habermas) can and play the role of mandates of optimalization in real deliberations on justice.

The book defines and critically discusses the following five principles: the harm principle, legal paternalism, the offense principle, legal moralism and the dignity principle of criminalization. The book argues that all five principles raise important problems that point to rejections (or at least a rethink) of standard principles of criminalization. The book shows that one of the reasons why we should reject or revise standard principles of criminalization is that even the most plausible versions of the harm (...) principle and legal paternalism that have been offered so far are rendered redundant by general moral theories. Furthermore, it demonstrates that the other three principles (or versions thereof), the offense principle, legal moralism and the dignity principle of criminalization, can either be covered by the harm principle, thus making these principles also redundant, or be seen to have what look like other unacceptable implications (e.g. that versions of legal moralism are based on speculative and incorrect empirical assumptions or violate what is called the criminological levelling-down challenge). As such, there is reason to move beyond traditional principles of criminalization, and instead to investigate alternative principles the state should be guided by when attempting to justify which kinds of conduct should be criminalized. Moreover, this book presents and defends such a principle – the utilitarian principle of criminalization. (shrink)

This paper considers a guardianship model for the legal representation of future generations. According to this model, national and international courts should be given the competence to appoint guardians for future generations, if agents who care about the welfare of posterity apply for the creation of a guardianship in relation to a dispute that can be resolved by the application of law. This reform would grant guardians of future people legal standing or locus standi before courts, that is, the right (...) to bring an action before a court of law for adjudication. Although the guardianship model faces several difficult theoretical and practical problems pertaining to the representation of different near and distant future generations, it is argued that this model – and certain other legal norms intended to protect future basic needs – can be justified on the basis of the principle of liberty. (shrink)

The principle of causal exclusion is based on two distinct causal notions: causal sufficiency and causation simpliciter. The principle suggests that the former has the power to exclude the latter. But that is problematic since it would amount to claiming that sufficient causes alone can take the roles of causes simpliciter. Moreover, the principle also assumes that events can sometimes have both sufficient causes and causes simpliciter. This assumption is in conflict with the first part of the (...) principle that claims that sufficient causes must exclude causes simpliciter. (shrink)

Non-domestic companies are increasingly present on the London Stock Exchange. Such companies have specific governance requirements. They may seek to access capital in a more liquid market and to diversify ownership. The reputational ‘bonding’ to a prestigious exchange should be a statement to the market of a propensity to disclosure and a willingness to protect minority shareholders. Yet, many non-domestic companies retain tightly controlled shareholding structures and are based in emerging regions where national culture norms differ to the UK. We (...) hypothesise that non-domestic companies are likely to be less compliant with the principles of the UK Corporate Governance Code and suggest a correlation between lower levels of compliance and non-domestic companies from countries that demonstrate high power distance in the Hofstede cultural value framework. We find some encouraging signs of compliance with the reigning governance code principles in Board structures. However, we find only partial compliance in leadership and Board effectiveness measures in those companies from cultures high on the power-distance scale. Further, we include analysis into ownership characteristics and find companies from emerging markets are dominated by a single or controlling group of shareholders, which is likely to impact on attitudes to compliance and is particularly evidenced in terms of Board structures with no executive directors or led by an executive Chairman. Much of the prior research effort into the levels of compliance with the UK’s ‘comply-or-explain’ approach to governance has produced mixed results and focused on all companies. In our exploratory approach to analysing only the non-domestic subsample, we report some evidence linking cultural distance to lower levels of compliance with the UK standards. We develop a framework to guide future research into the context and cultural underpinnings of this sub-sample of companies, hypothesising that frequent market capitalisation-induced index changes may divert attention away from any potential compliance issues. On the one hand, our evidence is encouraging for governance regimes based on voluntary compliance disclosures such as the UK and similar European and international markets, as we report partial compliance with the principles of the current governance code. Our research may, however, be helpful in guiding future versions of the UK governance framework and other international governance regimes adopting the ‘comply-or-explain’ approach and in setting policy to improve disclosure. It contributes to the understanding of the specific context of non-domestic companies and any cultural tendencies to non-compliance. By demonstrating evidence of lower levels of compliance with key principles of the Code by non-domestic companies, we present a framework enabling lawmakers to further improve corporate governance codes. (shrink)