Hans Kelsen est, sans conteste, le juriste le plus important de ce siècle. Il n'y a pas une seule question de théorie juridique qu'on puisse traiter aujourd'hui sans examiner d'abord l'analyse qu'il en fait, mais son œuvre ne concerne pas seulement le droit et la philosophie du droit ; elle touche aussi la philosophie politique, l'épistémologie, l'éthique ou la logique. Sa théorie du droit représente, à côté du réalisme, l'une des deux branches du juspositivisme moderne, connue sous le nom de (...) normativisme et que lui-même appelait " Théorie pure du droit ". Elle se donne comme une théorie scientifique qui se borne à décrire son objet, le droit positif, et qui donc est " pure " de tout jugement de valeur. La pureté ne concerne toutefois que la méthodologie. Le droit, lui, n'est nullement pur, car il exprime des choix moraux et politiques. La doctrine kelsenienne pure apparaît ainsi doublement politique : d'une part, elle se donne pour tâche de mettre en évidence la fonction idéologique du droit ; d'autre part, dans la mesure où elle analyse les dispositifs juridiques comme des moyens au service de certaines fins, elle peut servir de fondement à une véritable technologie juridique. C'est cette technologie que Kelsen prétendait appliquer à la politique et qui fonde aussi bien son travail de constituant - il est le père de la Constitution autrichienne et de la première Cour constitutionnelle - que ses écrits sur la démocratie. La Théorie générale du droit et de l'Etat présente à cet égard un intérêt exceptionnel. Elle a été écrite aux Etats-Unis, où Kelsen s'était réfugié au début de la Seconde Guerre mondiale. Comme le souligne Stanley L. Paulson dans son introduction, elle constitue une étape marquante dans l'évolution de sa pensée entre le néokantisme des origines et l'empirisme des derniers écrits. C'est aussi une présentation claire, systématique et concentrée de l'ensemble de sa doctrine et c'est le seul ouvrage de Kelsen qui porte à la fois sur les conditions de possibilité d'une science empirique du droit, sur la théorie générale du droit au sens strict - l'analyse structurale de tous les ordres juridiques possibles - et sur la théorie générale de l'Etat - l'analyse des concepts constitutifs de tout Etat possible. (shrink)

Friedmann–Robertson–Walker (FRW) space–time with bulk viscosity in the context of f(R) gravity is considered. The field equations are solved for the Power and Exponential volumetric expansion. Two types of functional relationship i.e. f(R) = R + bRm and f(R)=R-λ4R\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$ \,f(R) = R - \frac{{\lambda^{4} }}{R} $$\end{document} are investigated. The Phantom, Chaplygin gas and Tachyon fields are discussed. It is observed that the universe is open and inflationary.

Introduction What is the point of studying Aristotle's theory of moral virtue? In the first place, many interesting questions are raised, in metaphysics, ...

Powers and Faden argue that social justice ‘is concerned with securing and maintaining the social conditions necessary for a sufficient level of well-being in all of its essential dimensions for everyone’ (2006: 50). Moreover, social justice is concerned with the ‘achievement of well-being, not the freedom or capability to achieve well-being’ (p. 40). Although Powers and Faden note that an agent alone cannot achieve well-being without the necessary social conditions of life (e.g. equal civil liberties and basic material resources, such (...) as food and shelter), it seems that achievement requires that an agent actually pursue the six dimensions of well-being. In this article, I question the extent to which an individual has an obligation to achieve well-being, even if he or she would choose to do otherwise. For example, can an agent choose to forgo being healthy even if all the social conditions are met in her life, thereby choosing to not achieve well-being? It remains unclear how the dimension of self-determination coheres with the remaining five dimensions of well-being and the extent of society’s obligations toward an individual’s achievement of well-being, even in those instances when society’s actions may go against an individual’s right to self-determination. (shrink)

Background: Demand for organisational ethics capacity is growing in health organisations, particularly among managers. The role of clinical ethicists in, and perspective on, organisational ethics has not been well described or documented in the literature. Objective: To describe clinical ethicists’ perspectives on organisational ethics issues in their hospitals, their institutional role in relation to organisational ethics, and their perceived effectiveness in helping to address organisational ethics issues. Design and Setting: Qualitative case study involving semi-structured interviews with 18 clinical ethicists across (...) 13 health organisations in Toronto, Canada. Results: From the clinical ethicists’ perspective, the most pressing organisational ethics issues in their organisations are: resource allocation, staff moral distress linked to the organisation’s moral climate, conflicts of interest, and clinical issues with a significant organisational dimension. Clinical ethicists were consulted in particular on issues related to staff moral distress and clinical issues with an organisational dimension. Some ethicists described being increasingly consulted on resource allocation, conflicts of interest, and other corporate decisions. Many clinical ethicists felt they lacked sufficient knowledge and understanding of organisational decision-making processes, training in organisational ethics, and access to organisational ethics tools to deal effectively with the increasing demand for organisational ethics support. Conclusion: Growing demand for organisational ethics expertise in healthcare institutions is reshaping the role of clinical ethicists. Effectiveness in organisational ethics entails a re-evaluation of clinical ethics training to include capacity building in organisational ethics and organisational decision-making processes as a complement to traditional clinical ethics education. (shrink)

In this article, we present results from a literature review of intrinsic, instrumental, and relational values of nature conducted for the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services, as part of the Methodological Assessment of the Diverse Values and Valuations of Nature. We identify the most frequently recurring meanings in the heterogeneous use of different value types and their association with worldviews and other key concepts. From frequent uses, we determine a core meaning for each value type, which is (...) sufficiently inclusive to serve as an umbrella over different understandings in the literature and specific enough to help highlight its difference from the other types of values. Finally, we discuss convergences, overlapping areas, and fuzzy boundaries between different value types to facilitate dialogue, reduce misunderstandings, and improve the methods for valuation of nature's contributions to people, including ecosystem services, to inform policy and direct future research. © 2023 The Author(s). Published by Oxford University Press on behalf of the American Institute of Biological Sciences. (shrink)

That Sallust owed a considerable debt to the writings of Cato the Censor was observed in antiquity, and the observation has often been discussed and expanded on by modern scholars. The ancient references to Sallust's employment of Cato are mainly in the context of his adoption of an archaic style, and specifically Catonian vocabulary. But the choice of Cato as a model had an obvious significance that went beyond the purely stylistic. Sallust's works articulate extreme pessimism at the moral state (...) of late-Republican Rome, and do so partly by contrasting the modern age with a prelapsarian time of near-untrammelled virtue, brought to an end only by the fall of Carthage and the consequent dominance of Roman power, which in turn led to moral corruption. Similarly, Cato famously stood in his own day for moral rectitude—and specifically appealed to past virtue as the standard to which he wished to hold his contemporaries. Sallust, by writing in a Catonian style, aligns himself with that tradition. (shrink)

Within the increasingly complex picture which has emerged in recent years of the manuscript tradition of Ovid's Amores the relationship of the two earliest MSS appears to remain firm: cod. P or Puteaneus of the 9th or early 10th century, which begins at Am. 1.2.51, was copied, probably directly, from the second half of the 9th-century cod. R or Regius , whose first half now ends at Am. 1.2.50. This view, which originates in S. Tafel's dissertation of 1910 and lies (...) behind the stemma constructed by E. J. Kenney for his OCT edition of 1961 , has come to be taken by Ovidian scholars to be the truth. My purpose in this first section is to show that this idea is unlikely to be the truth and, in the form in which it has most strongly been put forward, cannot be the truth. In the second section consequences for the manuscript tradition as a whole are explored. First we shall need some details. P, the slightly later manuscript, consists in all of 99 folia, of which 1–54 contain most, but not all, of the Heroides — not all, because they are in a lacunose state, a point to which we shall return in greater detail later. Foll. 55–6 are blank sheets of paper, not parchment, clearly inserted at a much later date during rebinding. (shrink)

Preimplantation genetic diagnosis (PID) is often seen as an improvement upon prenatal testing. I argue that PID may exacerbate the eugenic features of prenatal testing and make possible an expanded form of free-market eugenics. The current practice of prenatal testing is eugenic in that its aim is to reduce the numbers of people with genetic disorders. Due to social pressures and eugenic attitudes held by clinical geneticists in most countries, it results in eugenic outcomes even though no state coercion is (...) involved. I argue that technological advances may soon make PID widely accessible. Because abortion is not involved, and multiple embryos are available, PID is radically more effective as a tool of genetic selection. It will also make possible selection on the basis of non-pathological characteristics, leading, potentially, to a full-blown free-market eugenics. For these reasons, I argue that PID should be strictly regulated. (shrink)

Originally published in 1986. Both moral philosophers and philosophical psychologists need to answer the question ‘what is a virtue?’ and the best answer so far give is that of Aristotle. This book is a rigorous exposition of that answer. The elements of Aristotle’s doctrine of virtue are scattered throughout his writings; this book reconstructs his complex and comprehensive doctrine in one place. It also covers Aristotle’s views about choice, character, emotions and the role of pleasure and pain in virtue. The (...) celebrated function is considered carefully as well as the doctrine of virtue being related to Aristotle’s metaphysics and categories. (shrink)

This is an introduction to, and survey of, the constructive approaches to pure mathematics. The authors emphasise the viewpoint of Errett Bishop's school, but intuitionism. Russian constructivism and recursive analysis are also treated, with comparisons between the various approaches included where appropriate. Constructive mathematics is now enjoying a revival, with interest from not only logicans but also category theorists, recursive function theorists and theoretical computer scientists. This account for non-specialists in these and other disciplines.

This article argues that an intentional acrostic spanning the first five lines of Propertius’ elegy for Cynthia's birthday (3.10), MANE[T], contributes significantly to the poignancy and purpose of the poem. MANE can be read as māne, ‘in the morning’, or manē, ‘stay!’, both of which emphasize the fleeting nature of dawn—and of Cynthia's youthful beauty. MANET can suggest both ‘[art] remains’ and ‘[death] awaits’. All four of these meanings work together to capture the tension between human transience and artistic immortality. (...) The theme is further enhanced by a balancing reverse telestich at the poem's end, ROSA RVES (‘[a] rose, you will fall to ruin’). (shrink)

Nicholas Shackel (2011) has proposed a number of arguments to save the Dipert–Bird model of physical reality from the sorts of unpalatable consequence I identified in Oderberg 2011. Some consequences, he thinks, are only apparent; others are real but palatable. In neither case does he seem to me to have deflected the concerns I raised, leaving graph structuralism on Dipert–Bird lines as problematic as ever.

The manuscripts of Cicero's De oratore divide into two families: mutili and integri. The oldest representatives of the mutilated family are Avranches 238 , Erlangen 380 , and London, Harley 2736 . A and H are independent of each other, and the best witnesses to the text of the lost archetype . E too is considered to be an independent witness. Since the work of E. Ströbel, dating from the early eighties of the last century, the view has been generally (...) held that E, though closely related to A, is not a descendant of it but a copy of a ‘gemellus’ of A. The stemma devised by Ströbel has remained essentially the same to the present day. (shrink)

Within the increasingly complex picture which has emerged in recent years of the manuscript tradition of Ovid's Amores the relationship of the two earliest MSS appears to remain firm: cod. P or Puteaneus of the 9th or early 10th century, which begins at Am. 1.2.51, was copied, probably directly, from the second half of the 9th-century cod. R or Regius, whose first half now ends at Am. 1.2.50. This view, which originates in S. Tafel's dissertation of 1910 and lies behind (...) the stemma constructed by E. J. Kenney for his OCT edition of 1961, has come to be taken by Ovidian scholars to be the truth. My purpose in this first section is to show that this idea is unlikely to be the truth and, in the form in which it has most strongly been put forward, cannot be the truth. In the second section consequences for the manuscript tradition as a whole are explored. First we shall need some details. P, the slightly later manuscript, consists in all of 99 folia, of which 1–54 contain most, but not all, of the Heroides — not all, because they are in a lacunose state, a point to which we shall return in greater detail later. Foll. 55–6 are blank sheets of paper, not parchment, clearly inserted at a much later date during rebinding. (shrink)

Indoor smoking bans in public places is usually held as a simple and straightforward example of the application of the harm principle in public health. However, implementing indoor smoking bans in mental health centres is difficult because of the potential neurological and social benefits of smoking for persons with schizophrenia, as suggested by some empirical studies. In this article, the ethical challenges related to smoking bans in mental health centres as justified by the harm principle are explored. Particular attention is (...) given to the case of R v. Nottinghamshire Healthcare NHS Trust . The article concludes by arguing that the possible benefits of smoking for persons with schizophrenia creates a rightful interest that cannot be ignored even if one applies the harm principle to protect others from the negative effects of second-hand smoke. Applying the harm principle in the case of smoking bans in mental health centres requires protecting the interest of persons with schizophrenia to smoke via the value of reciprocity. (shrink)

The Intergovernmental Platform on Biodiversity and Ecosystem Services have recently launched themselves as the UN-sanctioned instrument for conserving nature. They seek to establish themselves as the authority in this field alongside the well-known Intergovernmental Panel on Climate Change in climate science. Quickly following or even before recent publication of their conceptual framework in two biology journals, they were already underway building upon it. This headlong push, we believe, is ill advised. We show how the framework is unsound as a foundation (...) for further work—in a number of ways and perhaps even by its authors’ own lights. It is therefore urgent that the IPBES thoroughly and thoughtfully reconsider their framework before too much effort is wasted. (shrink)

Motivations can often conflict. Suppose it is six o'clock and I want a drink; suppose also that I know that it would be unwise or inappropriate in my present circumstances to drink. In cases like this I feel a struggle inside me. For Plato and for Aristotle, such struggles were an important part of moral experience, and on their description and analysis depends much of Plato's and Aristotle's moral psychology. It is not well enough appreciated that, in this respect, Aristotle (...) was an uncritical follower of Plato. If we understand Plato's theory and how little Aristotle departed from it, we will be able to make better sense of some difficult passages, especiallyDe AnimaIII.11, and we will even be able to solve the conundrum of the ‘sphere’ which has teased scholars for two thousand years. (shrink)

Marking the 50th anniversary of one among this philosopher's most distinguished pieces, Blumenberg's Rhetoric proffers a decidedly dialogic and diversified interaction with the essay polyvalently entitled 'Anthropological Approach to the Actuality and Topicality (or Currency, Relevance) of Rhetoric' (Anthropologische Annäherung an die Aktualität der Rhetorik), first published in 1971. Following Blumenberg's lead, the contributors consider and tackle their topics rhetorically, 'in utramque partem vel in plures'--treating (inter alia) the variegated discourses of Phenomenology, the History of Philosophy, Anthropology, and the téchne (...) itself from a plurality of viewpoints. Quasi in actu--as a mise en abyme of this rhetorical method par excellence--said accent on approaching any matter polyperspectivally is reflected in the proceedings of the live(ly) discussions having taken place in preparation for the present volume. Along with the diachronically extensive, disciplinarily diverse essays, this publication of the actual academic interplay--notably in the current lingua franca--will facilitate, and is to conduce to, further scholarship with respect to Blumenberg and the art of rhetoric. (shrink)