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)

In his paper “Scientific research is a moral duty”, John Harris argues that individuals have a moral duty to participate in biomedical research by volunteering as research subjects. He supports his claim with reference to what he calls the principle of beneficence as embodied in the “rule of rescue” , and the principle of fairness embodied in the prohibition on “free riding” . His view that biomedical research is an important social good is agreed upon, but it is argued that (...) Harris succeeds only in showing that such participation and support is a moral good, among many other moral goods, while failing to show that there is a moral duty to participate in biomedical research in particular. The flaws in Harris’s arguments are detailed here, and it is shown that the principles of beneficence and fairness yield only a weaker discretionary or imperfect obligation to help others in need and to reciprocate for sacrifices that others have made for the public good. This obligation is discretionary in the sense that the individuals are free to choose when, where, and how to help others in need and reciprocate for earlier sacrifices. That Harris has not succeeded in claiming a special status for biomedical research among all other social goods is shown here. (shrink)

This article examines Harold Ramis’s 2005 noir comedy _The Ice Harvest_ as the critically dystopian counter-panel to his beloved 1993 film _Groundhog Day_, a film frequently discussed within the paradigm of utopia. While starkly different in genre, tone, and reception, the two films comprise a dialectical dyad that registers the historical transition from the utopian cultural effervescence of the early 1990s to the tragic foreclosure of imaginative horizons and the dystopian transformation of economic, political, and social landscapes in the new (...) millennium. In _The Ice Harvest_, the author argues, this is achieved through a strategic reactivation of film noir as a variant of the critical dystopia. (shrink)

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)

Based on the institutional theory, this article attempts to examine two consecutive questions regarding the impact of various factors on corporate decision in environmental information disclosure (EID): (1) whether or not to disclose; and (2) the level of disclosure. The relevance of these factors is empirically tested using data collected from publicly listed manufacturing companies from 2006 to 2008 in China. Some interesting findings appear. We find that firms that are state-owned, those that operate in environmentally sensitive industries, those having (...) more industrial peers engaged in EID, and those with better reputation are more likely to disclose environmental information. When it comes to the content of EID, variables that attempt to capture external institutional pressures exhibit either no or weak explanatory power. Only the variable of organizational image and reputation is demonstrated to have a significant impact on both the act and the content of EID. This study provides a snapshot of the dialogues between constituencies in the organizational field and EID development. (shrink)

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

Study on Hinduism; with a special reference to the world religions and science.

Islam and society; religious life; Islam.

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.

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)

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)

An investigation into some of the literary features of the book of Malachi reveals that each unit is structured in a twofold way. The macrostructure of the book also shows that the book can be divided into two parts. The results of this investigation strengthens the recent trend in the research of Malachi that it is unlikely that the book underwent an extensive redactional process over a period of time and that it is rather more likely that the book was (...) written in a relatively short period of time. (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)

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)