Rawls's "The Law of Peoples" has not been well received. The first task of this essay is to draw (what the author regards as) Rawls's position out of his own text where it is imperfectly and incompletely expressed. Rawls's view, once fully and clearly presented, is less vulnerable to common criticisms than it is often taken to be. The second task of this essay is to go beyond Rawls's text to develop some supplementary lines of argument, still Rawlsian in spirit, (...) to deflect key criticisms made by Rawls's critics. The overall defense given here of Rawls's position draws on a deep theme running throughout all of Rawls's work in political philosophy, namely, that the task of political philosophy is to mark the moral limits given by and through a common human reason, itself socially and historically achieved, within which human nature must develop (and reveal itself over time) if it is to be an expression or manifestation of human freedom. (shrink)

The distinction between private immorality and public indecency plays a significant and perhaps a crucial role in H. L. A. Hart's argument in Law, Liberty, and Morality. This distinction, and the uses to which he puts it, have, however, been largely overshadowed in the ‘debate’ between Professor Hart and Lord Devlin which has centred around such ‘great’ questions as whether a shared morality is necessary for a society. I shall argue that Hart's position, in so far as it is based (...) on that distinction, is quite untenable, and that even if it were to be a possible position, it would none the less be incompatible with the sort of ‘libertarian’ view of society expressed by John Stuart Mill, whose ‘spirit’, at least, Hart believes himself to be defending. (shrink)

In The Law of Peoples, John Rawls does not discuss justice and the global economy at great length or in great detail. What he does say has not been well-received. The prevailing view seems to be that what Rawls says in The Law of Peoples regarding global economic justice is both inconsistent with and a betrayal of his own liberal egalitarian commitments, an unexpected and unacceptable defense of the status quo. This view is, I think, mistaken. Rawls’s position on global (...) or international economic justice is richer, more nuanced, and generally more compelling than his critics have been willing to acknowledge. My aim in this essay is to sympathetically set out, and then defend against two common families of objection to, Rawls’s position on global or international economic justice. Objections of the first sort reject Rawls’s position as inadequately attentive to the material and economic interests of individual persons worldwide. Objections of the second sort reject it as inadequately attentive to the material and economic interests of well-ordered peoples. Throughout the paper I develop several arguments implicit in The Law of Peoples but not well-developed there as well as offer some additional arguments of my own consistent with the spirit of The Law of Peoples and Rawls’s work more generally. I conclude with some brief remarks expressing two worries I have about Rawls’s position – one concerning global public goods, the other concerning the formation of a morally adequate and effective political will within the international context under contemporary conditions. (shrink)

At the center of Rawls’s work post-1980 is the question of how legitimate coercive state action is possible in a liberal democracy under conditions of reasonable disagreement. And at the heart of Rawls’s answer to this question is his liberal principle of legitimacy. In this paper I argue that once we attend carefully to the depth and range of reasonable disagreement, Rawls’s liberal principle of legitimacy turns out to be either wildly utopian or simply toothless, depending on how one reads (...) the ideal of reciprocity it is meant to embody. To remedy this defect in Rawls’s theory, I␣undertake to develop the outlines of a democratic conception of legitimacy, drawing first on Rawls’s generic conception of legitimacy in The Law of Peoples and second on a revised understanding of reciprocity between free and equal citizens. On this revised understanding, what free and equal citizens owe one another is not reciprocity in judgment, but reciprocity of interests. (shrink)

This article begins by clarifying and noting various limitations on the universal reach of the human right to health care under positive international law. It then argues that irrespective of the human right to health care established by positive international law, any system of positive international law capable of generating legal duties with prima facie moral force necessarily presupposes a universal moral human right to health care. But the language used in contemporary human rights documents or human rights advocacy is (...) not a good guide to the content of this rather more modest universal moral human right to health care. The conclusion reached is that when addressing issues of justice as they inevitably arise with respect to health policy and health care, both within and between states, there is typically little to gain and much to risk by framing deliberation in terms of the human right to health care. (shrink)

Rapid technological change is resulting in the development of ever increasingly capable autonomous weapon systems. As they become more sophisticated, the calls for developing restrictions on their use, up to and including their complete prohibition, are growing. Not unlike the call for restrictions on the sale and use of drones, most proposed restrictions are well-intentioned but are often ill-informed, with a high likelihood of degrading national security and putting additional lives at risk. Employed by experienced operators well-versed in the laws (...) of armed conflict, autonomous weapons can advance the objectives of those who would prohibit their use. This essay takes an operational perspective to examine the role that autonomous weapon systems can play while complying with the laws of armed conflict. With responsible design and incorporation of applicable control measures, autonomous weapons will be able not just to comply but also to enhance the ethical use of force. This essay contends that efforts by the international community to use international legal means and/or institutions to over-regulate or even ban lethal autonomous weapons are counterproductive. It considers and describes the end-game results of the use of autonomous weapons in enhancing the application of both international law and human ethical values. (shrink)

What motivates grandparents to their altruism? We review answers from evolutionary theory, sociology, and economics. Sometimes in direct conflict with each other, these accounts of grandparental investment exist side-by-side, with little or no theoretical integration. They all account for some of the data, and none account for all of it. We call for a more comprehensive theoretical framework of grandparental investment that addresses its proximate and ultimate causes, and its variability due to lineage, values, norms, institutions (e.g., inheritance laws), and (...) social welfare regimes. This framework needs to take into account that the demographic shift to low fecundity and mortality in economically developed countries has profoundly altered basic parameters of grandparental investment. We then turn to the possible impact of grandparental acts of altruism, and examine whether benefits of grandparental care in industrialized societies may manifest in terms of less tangible dimensions, such as the grandchildren's cognitive and verbal ability, mental health, and well-being. Although grandparents in industrialized societies continue to invest substantial amounts of time and money in their grandchildren, we find a paucity of studies investigating the influence that this investment has on grandchildren in low-risk family contexts. Under circumstances of duress there is converging evidence that grandparents can provide support that helps to safeguard their children and grandchildren against adverse risks. We conclude by discussing the role that grandparents could play in what has been referred to as Europe's demographic suicide. (shrink)

This chapter contains section titled: Introduction Basic Human Rights: Rawls's List Basic Human Rights: Their Nature and Function Basic Human Rights: A Rawlsian Justification Conclusion Acknowledgments Notes.

In this essay I situate Rawls’s conception of liberal democratic toleration within the account of political and law-making activity undertaken by free equals that he develops across his three main...

The distinction between private immorality and public indecency plays a significant and perhaps a crucial role in H. L. A. Hart's argument in Law, Liberty, and Morality. This distinction, and the uses to which he puts it, have, however, been largely overshadowed in the ‘debate’ between Professor Hart and Lord Devlin which has centred around such ‘great’ questions as whether a shared morality is necessary for a society. I shall argue that Hart's position, in so far as it is based (...) on that distinction, is quite untenable, and that even if it were to be a possible position, it would none the less be incompatible with the sort of ‘libertarian’ view of society expressed by John Stuart Mill, whose ‘spirit’, at least, Hart believes himself to be defending. (shrink)

Offers, by way of systematic reconstruction of Rawls's Law of Peoples, a principled view of human rights and liberal toleration.

Robert P. George, Making Men Moral: Civil Liberties and Public Morality Oxford: Clarendon Press, 1993, xvi + 241 pp.

Kent Greenawalt, Religious Convictions and Political Choice New York Oxford University Press, 1988. Michael J. Perry, Morality, Politics and Law New York: Oxford University Press, 1988.

Legal theorists are familiar with John Finnis's book Natural Law and Natural Rights, but usually overlook his interventions in US constitutional debates and his membership of a group of conservative Catholic thinkers, the 'new natural lawyers', led by theologian Germain Grisez. In fact, Finnis has repeatedly advocated conservative positions concerning lesbian and gay rights, contraception and abortion, and his substantive moral theory derives from Grisez. Bamforth and Richards provide a detailed explanation of the work of the new natural lawyers within (...) and outside the Catholic Church - the first truly comprehensive explanation available to legal theorists - and criticize Grisez's and Finnis's arguments concerning sexuality and gender. New natural law is, they argue, a theology rather than a secular theory, and one which is unappealing in a modern constitutional democracy. This book will be of interest to legal and political theorists, ethicists, theologians and scholars of religious history. (shrink)

In this remarkable study, David A. J. Richards combines an interpretive history of culture and law, political philosophy, and constitutional analysis to explain the background, development, and growing impact of two of the most important and challenging human rights movements of our time, feminism and gay rights. Richards argues that both movements are extensions of rights-based dissent, rooted in antebellum abolitionist feminism that condemned both American racism and sexism. He sees the progressive role of such radical dissent as an (...) emancipated moral voice in the American constitutional tradition. He examines the role of dissident African Americans, Jews, women, and homosexuals in forging alternative visions of rights-based democracy. He also draws special attention to Walt Whitman's visionary poetry, showing how it made space for the silenced and subjugated voices of homosexuals in public and private culture. According to Richards, contemporary feminism rediscovers and elaborates this earlier tradition. And, similarly, the movement for gay rights builds upon an interpretation of abolitionist feminism developed by Whitman in his defense, both in poetry and prose, of love between men. Richards explores Whitman's impact on pro-gay advocates, including John Addington Symonds, Havelock Ellis, Edward Carpenter, Oscar Wilde, and André Gide. He also discusses other diverse writers and reformers such as Margaret Sanger, Franz Boas, Elizabeth Stanton, W. E. B. DuBois, and Adrienne Rich. Richards addresses current controversies such as the exclusion of homosexuals from the military and from the right to marriage and concludes with a powerful defense of the struggle for such constitutional rights in terms of the principles of rights-based feminism. (shrink)

Free Speech and the Politics of Identity challenges the scholarly view as well as the dominant legal view outside the United States that the right of free speech may reasonably be traded off in pursuit of justice to stigmatized minorities. The book's innovative normative and interpretative methodology calls for a new departure in comparative public law, in which all states responsibly address their common problems, not only of inadequate protection of free speech, but also correlative failure to take seriously the (...) continuing political power of such evils as anti-Semitism, racism, sexism, and homophobia. (shrink)

Americans' appetite for life-prolonging therapies has led to unsustainable growth in health care costs. It is tempting to target older people for health care rationing based on their disproportionate use of health care resources and lifespan already lived, but aged-based rationing is unacceptable to many. Systems reforms can improve the efficiency of health care and may lessen pressure to ration services, but difficult choices still must be made to limit expensive, marginally beneficial interventions. In the absence of agreement on principles (...) to govern health care resource allocation, a fair, open priority-setting process should be created to allow for reasonable disagreement on principles while being seen as legitimate by all stakeholders. At the patient-care level, careful discussions about the benefits and burdens of medical intervention and support for slow medicine — a gentle, family-centered care approach for frail elders — can do much to avoid harming these patients with aggressive yet unwanted medical care while reducing wasteful spending. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Bibliography of the New Rhetoric ProjectDavid A. Frank and William DriscollScholars do not have access to a complete bibliography of the new rhetoric project. We have redressed this problem by compiling what we believe is the most comprehensive bibliography to date of the works of Chaïm Perelman and of those he coauthored with Lucie Olbrechts-Tyteca. The bibliography includes all the English and French titles, as well as titles (...) that saw first publication in other languages. Translations we believe Perelman may have authorized or endorsed are included.With this bibliography, scholars can now better understand how the new rhetoric project was conceived and how it unfolded. Within the larger constellation of the project, Perelman's bibliography is the most extensive, numbering almost three hundred entries. The trajectory of Perelman's scholarship reveals the origins of the new rhetoric project and how it evolved between the time of his announcement in 1949 that he and Olbrechts-Tyteca had embarked on a program designed to rehabilitate reason and the period of his final articles in the 1980s. A review of the articles and books that came out of the Perelman and Olbrechts-Tyteca collaboration reveals both a phase of conceptualization and development of the project and a phase of culmination. In the first phase, commencing with Rhétorique et philosophie, the authors established the need for a rhetorically grounded philosophy. As they built toward the publication of the Traité, [End Page 449] the culmination of their ten-year effort, they wrote articles elaborating on "notions" in argumentation (1955) and on the tenets of the "new rhetoric" (1956). In 1958, the year the Traité appeared, they published articles on classical and romantic loci in argumentation and on time in argumentation. With the exception of a 1983 tribute to the theorist Pareto, they did not write together after 1958 but instead pursued separate lines of research out of their collaboration. A significant number of theses entries rehearse and embellish notions introduced between 1947 and 1958, the years of the genesis, development, and culmination of Chaïm Perelman and Lucie Olbrechts-Tyteca's new rhetoric project.AbbreviationsChALe champ de l'argumentationDMPDroit, morale, et philosophieEDEthique et droitIJPAThe Idea of Justice and the Problem of ArgumentJLAJustice, Law, and Argument: Essays on Moral and Legal ReasoningNRHThe New Rhetoric and the Humanities: Essays on Rhetoric and Its ApplicationsJJusticeJRJustice et raisonRPRhétorique et philosophie pour une théorie de l'argumentation en philosophieBibliography1931 "Esquisse d'une logistique des valeurs." Revue de l'Université de Bruxelles 36 (3–4): 486–96. Google Scholar1932 "A propos de la philosophie de M. Dupréel." Revue de l'Université de Bruxelles 37 (3): 385–99. Google Scholar1933 "De l'arbitraire dans la connaissance." Archives de la Société belge de philosophie 5 (3): 5–44. Google Scholar"Le statut social des jugements de vérité." Revue de l'Institut de sociologie 13 (1): 17–23. Google Scholar1935 "Réflexions sur l'assimilation." La tribune Juive 12:51–52. [End Page 450]Google Scholar1936 "L'antinomie de M. Gödel." Bulletins de l'Académie royale des sciences, des lettres et des beaux-arts de Belgique 22 (6): 730–36. Google Scholar"Les paradoxes de la logique." Mind 45 (178): 204–8. Google Scholar1937 "L'équivalence, la définition et la solution du paradoxe de Russell." L'enseignement mathématique 36 (5–6): 350–56. Google Scholar"Metafizyka fregego." Kwartalnik filozoficzny 12 (2): 121–42. Google Scholar"Réponse à MM. Grelling et Beth." Mind 46 (182): 278–79. Google Scholar"Une solution des paradoxes de la logique et ses conséquences pour la conception de l'infini." In Congrès Descartes: IXe Congrès international de philosophie, 6:206–10. Paris: Hermann. Google Scholar1938 "Etude sur Frege." PhD diss., Université Libre de Bruxelles.1939 "Etude sur Gottlob Frege." Revue de l'Université de Bruxelles 44 (2): 224–27. Google Scholar"De logica en het vrije onderzoek." Revue de l'Université de Bruxelles 44 (2): 209–19. Google Scholar"La morale des forts et la morale... (shrink)

The paper is the first of two to be published in Cognitio which explore the hypothesis that the thought of Ralph Waldo Emerson (1803- 1882), brilliantly expounded in the generation before Charles Sanders Peirce (1839-1914), anticipated, if not provided the direct provenance of, Peirce’s mature metaphysical ideas. The papers provide running commentaries on Emerson’s later-phase essays, “Poetry and Imagination” (1854, published in 1876) and “The Natural History of Intellect” (1870). “Poetry and Imagination” is shown to contain the seeds of Peirce’s (...) objective idealism — namely, that “matter is effete mind,” or “mind hide-bound with habits,” — set within an evolutionary cosmology that grounds the human mind’s connaturality or affinity with the laws of nature, a doctrine subtending his abductory logic of scientific discovery. Mutatis mutandis, all these components were already present in Emerson’s essay. Peirce spoke of his “buddhisto-christian religion,” which was another name for Emersonian cosmosemiosis. His originality consisted in applying Emerson’s emphasis on the poetic to the scientific imagination, though the seeds of the latter are present in Emerson’s “The Natural History of Intellect” and other essays as well. (shrink)

Basic human rights are supposed to protect people from abuse and harm. They are the means whereby we protect our humanity. One would expect, therefore, that basic human rights would be valid and sacred in any context, including industrial relations. However, the complexity of the employee–employer relationship obscures this issue, and it is not clear whether such rights can be protected or whether they are valid in the context of industrial relations. Since rights are relational, they are preconditioned on the (...) special nature of the relationship between employee and employer. Hence, the specific meaning that these rights have in industrial relations cannot be grounded in the notion of human rights as such, but rather depends on the special relationships between employers and employees. Though much legislation has been passed to regulate the relationship between employees and employers, the issues surrounding this relationship remain one of the most debated topics in business ethics. Our paper focuses specifically on the right to equal pay and the right to privacy. With respect to the right to property, the paper examines whether there is a conflict between general human rights and the fundamental right of employers to their property. The Israeli legislature has responded to this conflict by enacting ‘protective laws’ that legally outline and mandate certain human rights. Under these laws, employees are prevented and prohibited from waiving the rights granted to them by law, even if employed in private industries. Despite this legislative effort, market forces are at times stronger, and consequently some basic rights are not fully applied or implemented. (shrink)

A signal feature of legal and political institutions is that they exercise coercive power. The essays in this volume examine institutional coercion with the aim of trying to understand its nature, justification and limits. Included are essays that take a fresh look at perennial questions. Leading scholars from philosophy, political science and law examine these and related questions shedding new light on an apparently inescapable feature of political and legal life: Coercion.

Mr. M. was a 77-year-old decisionally incapacitated long-term nursing home resident with chronic schizophrenia who was admitted to the hospital with a bacterial pneumonia. His past medical history was notable for deteriorating functional status over the past 2-3 years, urinary retention requiring chronic indwelling bladder catheterization, and two recent hospitalizations for urinary tract infections leading to sepsis. He developed respiratory failure soon after admission and was intubated and placed on mechanical ventilation. Follow-up studies suggested worsening pneumonia and acute respiratory distress (...) syndrome, as well as worsening kidney function. (shrink)

This series of three articles describes the history of land law shared by the British and American legal systems, and how and why these legal traditions have diverged from each other in modern times. This Article - part 1 in this series - describes the emerging customs and laws regarding land rights among early inhabitants of Britain, and how succeeding invasions and occupation by Celtic, Roman, Germanic, and Norman peoples altered these customs and laws. The Article details the profound changes (...) in land law worked by massive economic changes in early British society, including sociological occurrences such as the Black Death, and the adoption of laws, such as the Statute of Uses in 1536. (shrink)

We show that both positive and negative absolute temperatures and monotonically increasing and decreasing entropy in adiabatic processes are consistent with Carathéodory's version of the second law and we explore the modifications of the Kelvin–Planck and Clausius versions which are needed to accommodate these possibilities. We show, in part by using the equivalence of distributions and the canonical distribution, that the correct microcanonical entropy, is the surface (Boltzmann) form rather than the bulk (Gibbs) form thereby providing for the possibility of (...) negative temperatures and we counter the contention on the part of a number of authors that the surface entropy fails to satisfy fundamental thermodynamic relationships. (shrink)

Society, Ethics, and the Law: Text Reader is designed for the criminal justice ethics course, typically taught within the criminal justice, philosophy, or social science department. This course is primarily taken by junior and senior undergraduate students who are majoring in criminal justice or other related fields. Ethics is one of the six required topic areas in criminal justice education as defined by the Academy of Criminal Justice Sciences. The Academy of Criminal Justice Sciences standards are located at www.acjs.org/page/ProgramStandards. The (...) required content areas are defined in B.5. Table 1. Although ACJS has moved away from 'certifying' academic programs, the standards still serve as the primary benchmarks for program reviews for criminal justice degree programs. The text consists of 12 sections with five readings per section. Each section consists of an Introduction to the section, three articles related to the topic, and a 'character in context' article. The character in context article is intended to be written by a practitioner with work experience connected to the theme of the section with a more conversational format (versus the articles which are traditional academic articles). This title is contributed by experts in the field, many of whom are prominent within ACJS and have been presenting their topics at relevant conferences to full audiences. The shorter, article format is designed to appeal to today's student, while providing a sufficient depth of coverage as expected by the course instructor. The selected articles range from traditional philosophical based academic articles to conversational style narratives of practitioners' experiences with ethic issues within the criminal justice system. The text will contain topics not traditionally covered in a criminal justice ethics course; this renders the book appealing to ethics courses offered in philosophy and social science departments, while also remaining relevant to criminal justice students. (shrink)

For more than twenty years, Opinion 6.01 of the American Medical Association's Code of Medical Ethics has specified that “a physician's fee for medical services should be based on the value of the service provided by the physician to the patient.” In 1994, the AMA amended Opinion 6.01, adding a new statement that “a physician's fee should not be made contingent on the successful outcome of medical treatment.”We believe that the amendment is wholly indefensible. Therefore, in this essay, we argue (...) that the AMA should lift this prohibition and encourage the use of result-based compensation for medical services in appropriate circumstances.The 1994 amendment dramatically changed the significance and scope of Opinion 6.01. Result-based compensation arrangements clearly satisfy the original version of Opinion 6.01 because they base compensation on the “value of the services provided … to the patient.” Yet, it is equally clear that result-based compensation arrangements violate the amended version of Opinion 6.01 because they necessarily make compensation “contingent on the successful outcome of medical treatment.”. (shrink)

Is the medicalization of poverty a rational and humane response to an intractable problem, or just the latest in a long series of ineffective and costly attempts to address the problem? Considerable ink has been spilled on the dispute, with each side marshalling heart-rending anecdotes to help make their case — along with the obligatory statistics and regression analyses. Rather than add more verbiage to that dispute, this article sketches out a framework for understanding the phenomenon of medicalization, along with (...) a description of the demand-side and supply-side factors that have brought us to this pass. (shrink)

Plato's dialogue "The Statesman" has often been found structurally puzzling because of its apparent diffuseness and disjointed transitions. This book interprets the dialogue in ways which account for this problematic structure, and which also connect the primary themes of the dialogue with two subsequent dialogues "The Philebus" and "The Laws.".

Basic human rights are supposed to protect people from abuse and harm. They are the means whereby we protect our humanity. One would expect, therefore, that basic human rights would be valid and sacred in any context, including industrial relations. However, the complexity of the employee–employer relationship obscures this issue, and it is not clear whether such rights can be protected or whether they are valid in the context of industrial relations. Since rights are relational, they are preconditioned on the (...) special nature of the relationship between employee and employer. Hence, the specific meaning that these rights have in industrial relations cannot be grounded in the notion of human rights as such, but rather depends on the special relationships between employers and employees. Though much legislation has been passed to regulate the relationship between employees and employers, the issues surrounding this relationship remain one of the most debated topics in business ethics. Our paper focuses specifically on the right to equal pay and the right to privacy. With respect to the right to property, the paper examines whether there is a conflict between general human rights and the fundamental right of employers to their property. The Israeli legislature has responded to this conflict by enacting ‘protective laws’ that legally outline and mandate certain human rights. Under these laws, employees are prevented and prohibited from waiving the rights granted to them by law, even if employed in private industries. Despite this legislative effort, market forces are at times stronger, and consequently some basic rights are not fully applied or implemented. (shrink)

Shepard has challenged psychologists to identify nonarbitrary principles of mind upon which to build a more explanatory and general cognitive science. I suggest that such nonarbitrary principles may fruitfully be sought not only in the laws of physics and mathematics, but also in the logical entailments of different categories of representation. In the example offered here, conceptualizing mental events as indexical with respect to the events they represent enables one to account parsimoniously for a wide range of empirical psychological phenomena. (...) [Shepard]. (shrink)

The Israeli approach to advertising consists of two complementary sets of norms, legal norms and moral‐ethical norms. Advertising legislation demands honest disclosure. The Israeli legislator refrains from intervening in fundamental rights such as freedom of expression, free trade, occupation, and liberty of contract in advertising. However, there are also few interventions to prevent phenomena that are dangerous or abusive, especially to groups needing protection. The Israeli courts do try to apply moral considerations in cases tried by them, but living up (...) to moral responsibilities is different from complying with legal obligations. Advertisers in Israel have a(i) Treatise(r), consisting of ten ethical guidelines, which neither sums up advertising ethics in its entirety nor is legally binding. Sociological and psychological features of the culture need to be examined in order to spell out what truth and honesty in advertising actually mean in this society, and the manner in which these values are practised. Lacking sanctions in public law against misleading consumers or manipulation based on false facts, consumers must find remedy in civil actions which rely on moral and ethical rules. (shrink)

The Israeli approach to advertising consists of two complementary sets of norms, legal norms and moral‐ethical norms. Advertising legislation demands honest disclosure. The Israeli legislator refrains from intervening in fundamental rights such as freedom of expression, free trade, occupation, and liberty of contract in advertising. However, there are also few interventions to prevent phenomena that are dangerous or abusive, especially to groups needing protection. The Israeli courts do try to apply moral considerations in cases tried by them, but living up (...) to moral responsibilities is different from complying with legal obligations. Advertisers in Israel have a(i) Treatise(r), consisting of ten ethical guidelines, which neither sums up advertising ethics in its entirety nor is legally binding. Sociological and psychological features of the culture need to be examined in order to spell out what truth and honesty in advertising actually mean in this society, and the manner in which these values are practised. Lacking sanctions in public law against misleading consumers or manipulation based on false facts, consumers must find remedy in civil actions which rely on moral and ethical rules. (shrink)

This Article examines the genesis and evolution of the Restatements of Property. The author argues that, while the Restatement (First) of Property took as its original purpose to restate the law, in the course of its creation it was turned to reform. Subsequent Restatements of Property are dedicated almost wholly to reform. The author concludes that this shift in objectives has sparked criticism and rendered these works of less value and interest to the legislatures, bench and the bar, which have (...) largely ignored the property Restatements. (shrink)

Approaches the contemporary issues of bioethics within the context of Jewish tradition.

This updated and revised second edition of Donald A. Wells's popular 'War Crimes and Laws of War', originally published in 1984, traces the rules of war since ancient times. The major sources of the rules or 'laws' of war are explored: the congresses of the Hague, Geneva, and the United Nations. But an abyss exists between what military manuals allow and what the congresses prohibit; this book attempts to resolve this dilemma. An important text for military college courses and international (...) relations, as well as social philosophy courses. Co-published with the North American Society for Social Philosophy. Here is what reviewers had to say about the first edition. (shrink)