Although much recent social science and humanities work has been a revolt against simplification, this volume explores the contrast between simplicity and complexity to reveal that this dichotomy, itself, is too simplistic. John Law and Annemarie Mol have gathered a distinguished panel of contributors to offer—particularly within the field of science studies—approaches to a theory of complexity, and at the same time a theoretical introduction to the topic. Indeed, they examine not only ways of relating to complexity but complexity _in (...) practice._ Individual essays study complexity from a variety of perspectives, addressing market behavior, medical interventions, aeronautical design, the governing of supranational states, ecology, roadbuilding, meteorology, the science of complexity itself, and the psychology of childhood trauma. Other topics include complex wholes in the sciences, moral complexity in seemingly amoral endeavors, and issues relating to the protection of African elephants. With a focus on such concepts as multiplicity, partial connections, and ebbs and flows, the collection includes narratives from Kenya, Great Britain, Papua New Guinea, the Netherlands, France, and the meetings of the European Commission, written by anthropologists, economists, philosophers, psychologists, sociologists, and scholars of science, technology, and society. _Contributors._ Andrew Barry, Steven D. Brown, Michel Callon, Chunglin Kwa, John Law, Nick Lee, Annemarie Mol, Marilyn Strathern, Laurent Thévenot, Charis Thompson. (shrink)

Evidence suggests that the incidence of research misconduct is not in decline despite efforts to improve awareness, education and governance mechanisms. Two responses to this problem are favoured: first, the promotion of an agent-centred ethics approach to enhance researchers’ personal responsibility and accountability, and second, a change in research culture to relieve perceived pressures to engage in misconduct. This article discusses the challenges for both responses and explains how normative coherence through values alignment might assist. We argue that research integrity (...) and research ethics convey mixed messages, which are likely to contribute to a form of normative confusion. For the successful adoption of an agent-centred approach, normative coherence is needed between the two. To facilitate normative coherence, we propose that research ethics and research integrity be underpinned by a shared set of moral values that can be enacted via codes and guidelines and imbue research environments. Furthermore, to facilitate culture change, the same normative coherence is necessary at all levels of an institution. Only via values alignment between institutional aims, management, institutional practices and researchers can an ethical culture become truly embedded in research institutions. (shrink)

Fire safety expertise was in great demand following the Grenfell Tower fire in London in June 2017. The government established a review of building regulations and an expert panel to inform its responses to Grenfell, and many other relevant organisations also formed their own expert panels. However, expert knowledge in fire safety is a highly contested domain, with knowledge claims based on differing sources. Fire fighters can claim expertise based on their experience of fighting fires, scientists and science-based engineers can (...) claim expertise from experimentation, and those who create and enact regulations can claim expertise in what can termed ’codespeak’—the language of regulation. Although distanced from fundamental empirical experience of fire, codespeak is powerful because of its relative clarity and certainty, and legal status. Building users also bring their own form of ‘local’ expertise—they have first-hand experience of the practicalities of the solutions wrought by the other experts. Policy-makers thus face many competing forms of expert advice on fire safety, and their ability to judge what is most relevant in any particular case rests on the existence of a sufficient range and depth of in-house government expertise. (shrink)

Increasingly, taxonomies are being developed and used by industry practitioners to facilitate information interoperability and retrieval. Within a single industrial domain, there exist many taxonomies that are intended for different applications. Industry specific taxonomies often represent the vocabularies that are commonly used by the practitioners. Their jobs are multi-faceted, which include checking for code and regulatory compliance. As such, it will be very desirable if industry practitioners are able to easily locate and browse regulations of interest. In practice, multiple sources (...) of government regulations exist and they are often organized and classified by the needs of the issuing agencies that enforce them rather than the needs of the communities that use them. One way to bridge these two distinct needs is to develop methods and tools that enable practitioners to browse and retrieve government regulations using their own terms and vocabularies, for example, via existing industry taxonomies. The mapping from a single taxonomy to a single regulation is a trivial keyword matching task. We examine a relatedness analysis approach for mapping a single taxonomy to multiple regulations. We then present an approach for mapping multiple taxonomies to a single regulation by measuring the relatedness of concepts. Cosine similarity, Jaccard coefficient and market basket analysis are used to measure the semantic relatedness between concepts from two different taxonomies. Preliminary evaluations of the three relatedness analysis measures are performed using examples from the civil engineering and building industry. These examples illustrate the potential benefits of regulatory usage from the mapping between various taxonomies and regulations. (shrink)

How do non-Humean laws govern regularities in nature? According to the Inference Problem, non-Humean accounts of governing face a central problem: it is not clear how such laws do perform their governing function. Recently, Jonathan Schaffer has argued that the introduction of a law-to-regularity axiom is sufficient to solve the Inference Problem. The authors argue that Schaffer’s solution faces a devastating dilemma: either the required axiom cannot, on its own, differentiate the non-Humean account from a Humean (...) account of laws or, if more content is added to the primitive governing posit, it should be shown how and why the ‘outfitted’ posit obtains in the world. Furthermore, the authors show that those cases that Schaffer presents to motivate his approach are not analogous to the case of lawhood and so they cannot provide justification for his axiomatic solution. (shrink)

The study is aimed to test the governing-law anchor in the comparative analysis of legal terminology to harmonize the clash of legal cultures in legal translation. It is considered as an adjustment to a juritraductological approach to legal translation which invites legal translators to merge the tools of jurilinguistics, comparative law and traductology in the comparative analysis of legal concepts before selecting a suitable translation solution (Monjean-Decaudin, in: Research methods in legal translation and interpreting, Routledge, 2019). Rather than transposing (...) a text from a source law system to a target law system, legal translators are believed to operate in the bi-semiotic environment of two legal cultures as navigators of their recipients toward understanding the legal concepts under the governing law of the document. To this end a comparative conceptual analysis, that correlates with the parametrization method (Matulewska in Stud Logic Gramm Rhetor 45:161–174, 2016), should be anchored in the analysis of the source law concepts (Šarčević in New Approach to Legal Translation, Kluwer Law International, The Hague, 2000). First, the componential and taxonomic analyses were used to identify conceptual markers/parameters of source concepts to serve as tertia comparationis for the subsequent search of their functional equivalents in the target legal culture. Source concepts and their functional equivalents were subsequently subject to a comparative componential analysis aimed to reveal a degree of their match based on which coinage operations were activated in selecting suitable translation strategies. We hypothesized that the change in the governing-law perspective would trigger changes in translation solutions. The governing-law-anchored process of comparative analysis was detailed and exemplified by the analysis of the conceptual field of Homicide in the Slovak law, English law, and the US Model Penal Code. (shrink)

Can stable regularities be explained without appealing to governing laws or any other modal notion? In this paper, I consider what I will call a ‘Humean system’—a generic dynamical system without guiding laws—and assess whether it could display stable regularities. First, I present what can be interpreted as an account of the rise of stable regularities, following from Strevens [2003], which has been applied to explain the patterns of complex systems (such as those from meteorology and statistical (...) mechanics). Second, since this account presupposes that the underlying dynamics displays deterministic chaos, I assess whether it can be adapted to cases where the underlying dynamics is not chaotic but truly random—that is, cases where there is no dynamics guiding the time evolution of the system. If this is so, the resulting stable, apparently non-accidental regularities are the fruit of what can be called statistical necessity rather than of a primitive physical necessity. (shrink)

Non-Humean accounts of the metaphysics of nature posit either laws or powers in order to account for natural necessity and world-order. We argue that such monistic views face fundamental problems. On the one hand, neo-Aristotelians cannot give unproblematic power-based accounts of the functional laws among quantities offered by physical theories, as well as of the place of conservation laws and symmetries in a lawless ontology; in order to capture these characteristics, commitment to governing laws is (...) indispensable. On the other hand, ontologies that entirely exclude some kind of power ascription to worldly entities face what we call the Governing Problem: such ontologies do not have the resources to give an adequate account of how laws play their governing role. We propose a novel dualist model, which, we argue, has the resources to solve the difficulties encountered by its two dominant competitors, without inheriting the problems of either view. According to the dualist model, both laws and powers are equally fundamental and irreducible to each other, and both are needed in order to give a satisfactory account of the nomological structure of the world. The dualist model constitutes thus a promising alternative to current monistic views in the metaphysics of science. (shrink)

This article is concerned with the relationship between scientific practice and the metaphysics of laws of nature and natural properties. I begin by examining an argument by Michael Townsen Hicks and Jonathan Schaffer that an important feature of scientific practice—namely, that scientists sometimes invoke non-fundamental properties in fundamental laws—is incompatible with metaphysical theories according to which laws govern. I respond to their argument by developing an epistemology for governing laws that is grounded in scientific practice. (...) This epistemology is of general interest for non-Humean theories of laws, for it helps to explain our epistemic access to non-Humean theoretical entities such as governing laws or fundamental powers. (shrink)

The Great Divide in metaphysical debates about laws of nature is between Humeans, who think that laws merely describe the distribution of matter, and non-Humeans, who think that laws govern it. The metaphysics can place demands on the proper formulations of physical theories. It is sometimes assumed that the governing view requires a fundamental / intrinsic direction of time: to govern, laws must be dynamical, producing later states of the world from earlier ones, in accord (...) with the fundamental direction of time in the universe. In this paper, we propose a minimal primitivism about laws of nature (MinP) according to which there is no such requirement. On our view, laws govern by constraining the physical possibilities. Our view captures the essence of the governing view without taking on extraneous commitments about the direction of time or dynamic production. Moreover, as a version of primitivism, our view requires no reduction / analysis of laws in terms of universals, powers, or dispositions. Our view accommodates several potential candidates for fundamental laws, including the principle of least action, the Past Hypothesis, the Einstein equation of general relativity, and even controversial examples found in the Wheeler-Feynman theory of electrodynamics and retrocausal theories of quantum mechanics. By understanding governing as constraining, non-Humeans who accept MinP have the same freedom to contemplate a wide variety of candidate fundamental laws as Humeans do. (shrink)

The incident in May-June 2007 involving a U.S. citizen traveling internationally while infected with drug-resistant tuberculosis involved the U.S. federal government's application of its quarantine and isolation powers. The incident and the isolation order raised numerous important issues for public health governance, law, and ethics. This article explores many of these issues by examining how the exercise of quarantine powers provides a powerful lens through which to understand how societies respond to and attempt to govern threats posed by dangerous, contagious (...) pathogens. The article considers historical aspects of governmental power to quarantine and isolate individuals and groups; analyzes the current state of quarantine and isolation law in the United States in light of the recent incident with drug-resistant tuberculosis; and explores global aspects of public health governance and law highlighted by this incident. (shrink)

Dramatic events involving dangerous microbes often focus attention on isolation and quarantine as policy instruments. The incident in May-June 2007 involving Andrew Speaker and drug-resistant tuberculosis joins other communicable disease crises that have forced contemplation or actual application of quarantine powers. Implementation of quarantine powers, which encompasses authority for both isolation and quarantine actions, is important not only for the handling of a specific event but also because the use of such authority provides a window on broader issues of public (...) health and the legal rules, ethical principles, and governance systems that support it. Debates about quarantine powers reflect political and social attitudes about public health that often tell us more about this policy endeavor than acts of isolation and quarantine themselves. (shrink)

The research analyzes the process of formation of the ethics committee as a new institution in the system of regulation of genetic research. The external factors of this process are the increasing digitalization of medical and research practices, as well as the special situation that is developing in the field of genomic research and the use of genetic technologies, where issues of philosophy, jurisprudence and administration have generated many fundamentally new, and sometimes unexpected contexts. The author shows the similarity and (...) difference of approaches to the inclusion of the ethics committee in the national regulatory systems of different countries and determines the prospects for further integration of the new institution into normative and administrative-regulatory and law enforcement practices. The research applies all the main methods of system analysis and structural and functional analysis, as well as the comparative legal method. At the stage of generalization of empirical material, the author turns to the means and methods of philosophical phenomenology and phenomenological sociology. The study revealed that the ethics committee may have different institutional and regulatory functions in a variety of management and legal systems. Being hybrid in nature, the ethics committee performs various functions, and in various state legal systems and traditions it can combine elements of legislative, executive and judicial power. At times, the ethics committee may go beyond the scope of both a purely administrative and exclusively legal regulator. All this indicates that the integration of this institution into the legal system and into a variety of social practices is far from being completed. (shrink)

The law-governed world-picture -- A remarkable idea about the way the universe is cosmos and compulsion -- The laws as the cosmic order : the best-system approach -- The three ways : no-laws, non-governing-laws, governing-laws -- Work that laws do in science -- An important difference between the laws of nature and the cosmic order -- The picture in four theses -- The strategy of this book -- The meta-theoretic conception of (...) class='Hi'>laws -- The measurability approach to laws -- What comes where -- In defense of some received views -- Some assumptions that will be in play -- The laws are propositions -- The laws are true -- The logically contingent consequences of the laws are laws themselves -- At least some laws are metaphysically contingent -- The meta-theoretic conception of laws -- Laws of nature, laws of science, laws of theories -- The first-order conception versus the meta-theoretic conception -- What is a law of nature? -- Some examples of meta-theoretic accounts -- The virtues of the meta-theoretic conception -- Weighing the virtues and shortcomings of the meta-theoretic conception -- An epistemological argument for the meta-theoretic conception of laws -- The discoverability thesis, the governing thesis, and the first-order conception -- The main argument -- The objection from bad company -- The objection from inference to the best explanation -- The objection from bayesianism -- The objection from contextualist epistemology -- The objection from the threat of inductive skepticism -- Laws, governing, and counterfactuals -- Where we are now -- What would things have to be like in order for the laws of nature to govern the universe? -- Lawhood, inevitability, counterfactuals -- What is it for a proposition to be inevitably true? -- What is it for a whole class of propositions to be inevitably true? -- What is it for lawhood to confer inevitability? -- NP and supporting counterfactuals -- The worry about context-variability -- A solution and a look ahead -- When would the laws have been different? -- Where we are now -- The God cases -- Other counterexamples to NP -- A moral-theoretic counterexample to NP -- Scientific contexts and non-scientific contexts -- Scientific God cases? -- Lewisian non-backtracking counterexamples -- Where things stand now -- How could science show that the laws govern? -- Why the law-governed world-picture must include the science-says-so thesis -- What is extra-scientific? -- How can the science-says-so thesis be true? -- NP as a consequence of the presuppositions in any scientific context -- Np as true in all possible scientific contexts -- But how could it be so? -- Attack of the actual-factualists -- Measurement and counterfactuals -- Where we are now -- Measurements, reliability, counterfactuals -- A general principle that captures the relation between measurement and counterfactuals -- What we can learn about lawhood from what we have learned about the counterfactual commitments of science -- A first-order account of laws or a meta-theoretic account of laws? -- What methods are presupposed to be legitimate measurement procedures? -- Why we must adopt a meta-theoretic account of laws -- What lawhood is -- Where we are now -- The measurability account of laws -- Brief review of the case for the mal -- A note about hedged laws -- How plausible is the mal? -- What if we don't care about the law-governed world-picture? -- Newton's God and Laplace's demon -- Beyond humean and non-humean -- Two views of laws -- Humean supervenience and the meta-theoretic conception -- Alleged counterexamples to humean supervenience -- Governing and non-trivial necessity -- How the mal lets us have it all -- Humeanism? non-humeanism? -- What is the significance of the idea of the law-governed universe? -- Where in the world are the laws of nature? -- Appendix: The mal in action : a few examples -- Of scientific theories and their laws -- Newton's theory as a paradigm example -- Classical special-force laws -- Geometrical optics and one of its laws -- Local deterministic field theories. (shrink)

Realists about laws of nature and their Humean opponents disagree on whether laws ‘govern’. An independent commitment to the ‘governing conception’ of laws pushes many towards the realist camp. Despite its significance, however, no satisfactory account of governance has been offered. The goal of this article is to develop such an account. I base my account on two claims. First, we should distinguish two notions of governance, ‘guidance’ and ‘production’, and secondly, explanatory phenomena other than (...) class='Hi'>laws are also candidates for governance. My goal is to develop a unified account which captures both guidance and production as well as the governance of phenomena, such as essence and logical consequence. The account of governance I develop belongs to the family of modal accounts, which was popularized by David Armstrong, but it also employs essentialist resources. If successful, this modal-essentialist account not only reveals the costs that proponents of governance incur, but it also puts that important notion on a solid theoretical foundation. (shrink)

Proponents of the dispositional theory of properties typically claim that their view is not one that offers a realist, governing conception of laws. My first aim is to show that, contrary to this claim, if one commits to dispositionalism then one does not automatically give up on a robust, realist theory of laws. This is because dispositionalism can readily be developed within a Platonic framework of universals. Second, I argue that there are good reasons for realist dispositionalists (...) to favour a Platonic view. This is because the alternative Aristotelian version of dispositionalism, on which universals are immanent entities, is unstable for various reasons. My final aim is to address a common criticism facing Platonic theories of laws, which is the problem of how external entities can play an explanatory role where the world’s law-like patterns of behaviour are concerned. I argue that the Platonists’ response to the one over many problem can help to shed light on this matter, and a possible solution is sketched, one which makes use of the notions of essence, constitution and ontological dependence. (shrink)

In her paper, “The Non-Governing Conception of Laws,” Helen Beebee argues that it is not a conceptual truth that laws of nature govern, and thus that one need not insist on a metaphysical account of laws that makes sense of their governing role. I agree with the first point but not the second. Although it is not a conceptual truth, the fact that laws govern follows straightforwardly from an important (though under-appreciated) principle of scientific (...) theory choice combined with a highly plausible claim about the connection between scientific theory choice and theory choice in metaphysics. I present and defend this argument and then show how the resulting understanding of governance gives rise to an especially strong version of recent explanatory circularity arguments against Humeanism about laws of nature. Finally, I present three options for a further understanding of the governance relation that are compatible with my argument. (shrink)

Jurisdiction, Scale and Governance: Chronotopes of Law develops a post-metaphysical framework for analyzing the spatio-temporal workings of law and other forms of governance. In this regard, it does not seek merely to combine analyses of legal temporality carried out by anthropologists with analyses of law and space carried out by geographers and socio-legal scholars. Adding two metaphysical abstractions together does not produce anything but somewhat more complex, but equally metaphysical, abstractions. After Kant, 'time' and 'space' are simply categories of human (...) understanding, not metaphysical entities. And, in this book Mariana Valverde develops an anti-metaphysical theoretical approach to law that aims not to theorize the world in general, but rather to be useful to researchers who seek to shed light on the actual workings of law and other forms of governance. Written by one of the foremost theorists in the area, this theoretically innovative work constitutes a major contribution to contemporary studies in law and society. (shrink)

Biobank research and genomic information are changing the way we look at health and medicine. Genomics challenges our values and has always been controversial and difficult to regulate. In the future lies the promise of tailored medical treatments and pharmacogenomics but the borders between medical research and clinical practice are becoming blurred. We see sequencing platforms for research that can have diagnostic value for patients. Clinical applications and research have been kept separate, but the blurring lines challenges existing regulations and (...) ethical frameworks.Then how do we regulate it? This book contains an overview of the existing regulatory landscape for biobank research in the Western world and some critical chapters to show how regulations and ethical frameworks are developed and work. How should international sharing work? How design an ethical informed consent? An underlying critique: the regulatory systems are becoming increasingly complex and opaque. The international community is building systems that should respond to that. According to the authors in fact, it is time to turn the ship around. Biobank researchers have a moral responsibility to look at and assess their work in relation to the bigger picture: the shared norms and values of current society. Research ethics shouldn't only be a matter of bioethicists writing guidelines that professionals have to follow. Ethics should be practiced through discourse and regulatory frameworks need to be part of that public discourse. Ethics review should be then not merely application of bureaucracy and a burden for researchers but an arena where researchers discuss their projects, receive advice and practice their ethics skills. (shrink)

Biobanks are proliferating rapidly worldwide because they are powerful tools and organisational structures for undertaking medical research. By linking samples to data on the health of individuals, it is anticipated that biobanks will be used to explore the relationship between genes, environment and lifestyle for many diseases, as well as the potential of individually-tailored drug treatments based on genetic predisposition. However, they also raise considerable challenges for existing legal frameworks and research governance structures. This book critically examines the current governance (...) structures in place for biobanks in England and Wales. It shows that the technologies, techniques and practices involved in biobanking do not always conform neatly to existing legal principles and frameworks that apply to other areas of medical research. Using a socio-legal approach, including interview data gathered from the scientific community, this book provides unique insights and makes recommendations about appropriate governance mechanisms for biobanking in the future. It also explores the issues around the secondary use of information, such as consent and how to protect privacy, when biobanks are accessed by a number of different third parties. These issues have relevance both within England and Wales and to a wide international audience, as well as for other areas where large datasets are used.--Back cover. (shrink)

Introduction -- The rise of regulatory governance -- Theories of regulation -- Regulatory space and regulatory regimes -- Policy processes and the regulatory policy cycle -- Bad, better and legitimate regulation -- Define: agenda-setting, issue diagnosis and objective setting -- Design: regime variables; option generation -- Decide: regime assessment and selection -- Implement: regime deployment, application and execution -- Evaluate: assessment of regulatory policy and regime -- The future of regulatory governance -- Conclusion.

Recently several thought experiments have been developed (by John Carroll amongst others) which have been alleged to refute the Ramsey-Lewis view of laws of nature. The paper aims to show that two such thought experiments fail to establish that the Ramsey-Lewis view is false, since they presuppose a conception of laws of nature that is radically at odds with the Humean conception of laws embodied by the Ramsey-Lewis view. In particular, the thought experiments presuppose that laws (...) of nature govern the behavior of objects. The paper argues that the claim that laws govern should not be regarded as a conceptual truth, and shows how the governing conception of laws manifests itself in the thought experiments. Hence the thought experiments do not constitute genuine counter-examples to the Ramsey-Lewis view. since the Humean is free to reject the conception of laws which the thought experiments presuppose. (shrink)

Advocates and opponents of Humean Supervenience (HS) have neglected a crucial feature of nomic explanation: laws can explain by generating descriptions of possibilities. Dretske and Armstrong have opposed HS by arguing that laws construed as Humean regularities cannot explain, but their arguments fail precisely because they neglect to consider this generating role of laws. Humeans have dismissed the intuitive violations of HS manifested by John Carroll's Mirror Worlds as erroneous, but distinguishing the laws' generating role from (...) the non-Humean notion that laws govern undermines such responses, and renews the force of Carroll's critique of HS. However, it also undermines the assumption that HS is constitutive of Humeanism. The generating role of laws readily motivates a non-reductive Humeanism that violates HS. An account is sketched, and is seen to provide a novel explanation of the governing intuition. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume 31, Number 1, April 2005, pp. 123-144 Laws Not Men: Hume's Distinction between Barbarous and Civilized Government NEIL McARTHUR 1. Introduction Hume uses the adjectives "civilized" and "barbarous" in a variety of ways, and in a variety of contexts. He employs them to describe individuals, societies, historical eras, and forms of government. These various uses are closely related. Hume thinks that cultural and political development (...) are intimately connected, and are mutually dependent. Civilized government goes together with civilized society. A wise ruler cannot emerge before "refinements have taken place" in the society at large and "science [becomes] known in the world." At the same time, the policy of a monarch who is "ignorant and uninstructed... for ever prevents all improvements."1 This intimate connection, however, is not an identification. A civilized government is not simply that which produces, or results from, a civilized society. When discussing forms of government, Hume uses the terms "barbarous" and "civilized" consistently and somewhat narrowly, to describe governments that possess certain specific characteristics. It is striking that these characteristics are explicitly divorced from the abilities or characters of the rulers. While a nation requires wise and refined leadership to achieve its civilized status, Hume thinks it is a crucial feature of civilized government that, once established, it depends Neil McArthur is at the University of Manitoba, Winnipeg, Manitoba R3T 2M8, Canada, e-mail: [email protected] 124 Neil McArthur entirely on its institutional structure, and not on the talents or intentions of any individual or group. To understand Hume's distinction between these two kinds of government, it is useful to abstract away from his discussion of more general issues of cultural development, and to lay temporarily aside the causal question of what social and economic conditions are necessary to produce a civilized government. I propose to explain Hume's concepts of barbarous and civilized government just in terms of the institutional characteristics possessed by each. Hume's choice of adjectives is not, of course, accidental. The complex causal questions of how a civilized government comes about, and what is its relation to civilized society, are large and important ones. However, 1 do not propose to take them up here.2 The crucial feature dividing civilized and barbarous government is their relation to law. In his essay "Of Civil Liberty" Hume says: "It may now be affirmed of civilized monarchies, what was formerly said in praise of republics alone, that they are a government of Laws, not of Men."3 "Barbarous government" are thus "governments of men"—he also calls them governments "of will."4 Scholars of Hume's political theory have noted the importance of the rule of law in defining "civilized government. "5 However, they have not made clear precisely what Hume thinks precisely defines a "government of laws. " I submit that such a government must (for Hume) possess three characteristics. It must have: 1. A clear separation between the legislative and magisterial "powers" of the state; 2. A rigid subordination of the magisterial to the legislative power, such that the "discretion" of magistrates is restricted by "general laws"; 3. Self-sufficient laws and institutions, such that they are able to operate regardless of the intentions or abilities of individual rulers or officeholders. To this end, a government of laws must possess fixed rules governing the succession of officers, including (in a civilized monarchy) succession to the throne. Hume thinks specific governments may meet these criteria to varying degrees through time (with regression also possible). His use of the term "civilized government" nevertheless implies that it exists as a distinct, and achievable, ideal. An examination of Hume's theory of civilized government shows his understanding of the rule of law to be more subtle and complex than has previously been acknowledged. Hume moves beyond traditional Whig panegyrics on the rule of show to show how the law must operate if it is to protect people from oppression in the local theatres in which it is most acute. He articulates a theory of "civilized monarchy" that provides a middle path between republican and absolutist theories of government, and that is consistent his philosophy as a whole. Hume Studies Laws... (shrink)

Environmental Law, Ethics and Governance draws attention to the necessity for inter-disciplinarity in research focused on achieving good environmental governance, be it of a physical area, an environmental problem or a natural resource. Law and ethics each have an important role to play in this regard and the chapters in this volume consider these issues from a number of different perspectives. Included in this book is the academic research and professional experiences of a diversity of authors, including those engaged in (...) research into substantive governance issues, which arise at all levels from the global to the local. The case studies explored in this book provide excellent examples from across this range. In addition, contributions are included from those involved in process and procedural matters, including the complex issues of how new law ought to be drafted, the implementation of that law and environmental legal education. This volume is both thought provoking and instructive and aims to inspire further research regarding the ethical dimensions of environmental law and legal governance. It is clear that these topics remain of great significance if law and policy is to be effective and therefore this volume is a valuable and timely contribution to the discourse in this area. (shrink)

Using game theory and examples of actual games people play, Nobel laureate Manfred Eigen and Ruthild Winkler show how the elements of chance and rules underlie ...

In this visionary book, Cormac Cullinan explains how, if the community of life on Earth is to survive, a new understanding of nature and a new concept of legal systems are needed.Cullinan proposes a new approach or "Earth Jurisprudence" and gives practical guidance on how to begin moving towards it. He shows that this philosophy could help develop new legal systems that would foster human connections to nature. It would encourage personal and social practices that ensure our planet remains liveable.Wild (...) Law is an inspiring and stimulating book, which fuses politics, legal theory, ancient wisdom and personal experiences into a fascinating and eminently readable story."This important book shows not only why we need to revise our governance systems completely, but also how to begin doing so in a way that draws inspiration from nature and from our diverse human communities."Professor Wangari Mathai, Nobel Peace Prize 2004. (shrink)

This article attempts to re-establish the importance of Foucault's work for an understanding of the way in which modern law operates. This argument has two stages. Firstly, there is a critique of the interpretation of Foucault's work by legal and sociological thinkers. It is argued that by reading the term ‘juridical’ as synonymous with the term ‘law’ in Foucault, people miss the substance of Foucault's argument. The term juridical describes an arrangement and a representation of power rather than the law. (...) This is made clear through a critique of J. S. Mill's On Liberty which is shown to make a juridical distinction between power and a free space of action which is unsustainable. Secondly, Foucault's genealogy of power relations is recast from the perspective of a legal theoretician. Foucault's history of power relations is constructed from historical differences in the mode of operation of power and discourse. By analysing these differences and their relationship to the mode of operation of law, an account of the place of modern law in Foucault's genealogy is established. Modern law operates between Foucault's concepts of government and discipline. It provides a key way in which government decisions can adjust the relationships between disciplinary institutions. This introduces the idea that law begins to operate in the perspective of the complete lives of individuals rather than just to prevent certain actions. Law, then, operates in accordance with what Foucault calls ‘bio-power’. (shrink)

This paper deals with the role of tort in the field of chemical air pollution regulation during the period 1863, when the first statutory intervention occurred, and 1881, when reforms to both the common law and statute were enacted. It compares the prominence of tort in this context with its significance in the field of injury to factory workers. The implications of tort's relevance in these contexts are then examined, having particular regard to those historiographies of Victorian government growth in (...) which the part played by tort is neglected. (shrink)

Hume uses the adjectives “civilized” and “barbarous” in a variety of ways, and in a variety of contexts. He employs them to describe individuals, societies, historical eras, and forms of government. These various uses are closely related. Hume thinks that cultural and political development are intimately connected, and are mutually dependent. Civilized government goes together with civilized society. A wise ruler cannot emerge before “refinements have taken place” in the society at large and “science [becomes] known in the world.” At (...) the same time, the policy of a monarch who is “ignorant and uninstructed … for ever prevents all improvements.”. (shrink)

The laws governing degeneration of the genetic code are discussed below. Of fundamental importance in this context is the classification of the amino acids into groups on the basis of the physicochemical behaviour of their residues. From this, it is possible to formulate arithmetic relationships between the number of amino acids in the same group and the number of coding triplets.It is found that the degeneration of the genetic code obeys certain laws, the reasons for this being (...) related to the number and the qualitative properties of the amino acids and triplets. The fact that the three bases of a coding triplet have different priorities must also be a critical factor. (shrink)

The extended notion of law evoked by the concept of legal pluralism has been subjected to powerful anthropological critiques. Simon Roberts, among others, has argued that law should be kept analytically distinct from forms of negotiated order. His persuasive argument in favour of a link between law and government, however, shuts the door on examples of law which arise before, or apart from, government, but which are nevertheless not negotiated orders. Law, it is argued here, can be identified neither by (...) reference to the negotiation of order, nor by reference to government. It is, rather, an intellectual system, identified by its expressive and aspirational qualities and its ideological claims to promote order and justice. In order to distinguish law from other ideological systems it is, then, necessary for the legal anthropologist to pay more attention to the significance of the legal form. (shrink)

Abstract. It is commonplace that economic globalization poses new challenges to legal theory. But instead of responding to these challenges, legal scholars often get caught up in heated yet purely abstract discussions of positivist and legal pluralist conceptions of the law. Meanwhile, economics-based theories such as "Law and Social Norms" have much less difficulty in analysing the newly arising forms of private and hybrid "governance without government" from a functional perspective. While legal theory has much to learn from these approaches, (...) we argue that they fail in one crucial point: They cannot uphold the analytical distinction between law and non-law. The reasons for this shortcoming are theory-immanent in that the economic theories' focus on efficiency and their actor-based perspective are necessarily blind to "law's own rationality." We therefore propose to further develop those functional approaches to the study of global governance by complementing them with elements from Niklas Luhmann's systems theory of law. This will provide us with a conceptual framework for analyzing the workings of global governance regimes without ignoring their potential for "legalisation" and "constitutionalisation." As we will show in three concrete examples (Corporate Social Responsibility, lex mercatoria , and internet regulation) we can thus describe the evolution of new forms of legal regulation beyond the nation-state. This will also allow us to draw some preliminary conclusions on the role of law in the context of globalization and, at the same time, show the direction for further empirical research. (shrink)

It is commonplace that economic globalization poses new challenges to legal theory. But instead of responding to these challenges, legal scholars often get caught up in heated yet purely abstract discussions of positivist and legal pluralist conceptions of the law. Meanwhile, economics-based theories such as “Law and Social Norms” have much less difficulty in analysing the newly arising forms of private and hybrid “governance without government” from a functional perspective. While legal theory has much to learn from these approaches, we (...) argue that they fail in one crucial point: They cannot uphold the analytical distinction between law and non-law. The reasons for this shortcoming are theory-immanent in that the economic theories' focus on efficiency and their actor-based perspective are necessarily blind to “law's own rationality.” We therefore propose to further develop those functional approaches to the study of global governance by complementing them with elements from Niklas Luhmann's systems theory of law. This will provide us with a conceptual framework for analyzing the workings of global governance regimes without ignoring their potential for “legalisation” and “constitutionalisation.” As we will show in three concrete examples (Corporate Social Responsibility, lex mercatoria, and internet regulation) we can thus describe the evolution of new forms of legal regulation beyond the nation-state. This will also allow us to draw some preliminary conclusions on the role of law in the context of globalization and, at the same time, show the direction for further empirical research. (shrink)

After decades of deregulation and innovation, contemporary financial markets remain firmly anchored in law and legal institutions. The idea that private financial actors simply want to escape government oversight and regulation is simplistic as private interests find the coercive powers of the state too useful to forgo. Instead, such actors engage law selectively to create a more certain environment for themselves and their profit-seeking activities. Contract law adds certainty to financial transactions; law shapes how financial actors use information and exploit (...) information technology; law constitutes financial values; and law allows financial institutions to be turned into assets. Law’s application is shaped by changing conceptions of risk, as well as by new business models for financial institutions. (shrink)

For the past several decades, jurists have invested significant efforts in developing the law in general—and private law in particular—in terms of pluralism. However, the conceptualization of corporate law and governance according to pluralist principles rarely exists. This Essay is the first in the legal literature to address this deficiency by providing a unique pluralist theory of corporate governance regimes. It distinguishes between the plurality of corporate law’s sources, values, and principles, and discusses the implications for governance. Moreover, based on (...) the social systems’ thinking and the framework of complexity, this Essay provides theoretical grounds for skepticism about any policies or structures applicable to all times and contexts. Therefore, rather than perceiving corporate governance as being identically applicable to all corporations, the law must meet the challenge of complexity by designing governance arrangements following a firm-specific perspective. Furthermore, I argue that in conditions of complexity, corporate governance eco-systems should be designed with a firm-specific view that incorporates the effect of the corporation participants’ heterogeneity, the heterogeneity of its internal power relations, and the heterogeneity of industries and markets. These novel arguments have profound implications for redesigning fundamental legal doctrines—such as fiduciary duties of controlling shareholders, regulation of related party transactions, the officers’ duty of care, and the company purpose. (shrink)

Emerging technologies present a challenging but fascinating set of ethical, legal and regulatory issues. The articles selected for this volume provide a broad overview of the most influential historical and current thinking in this area and show that existing frameworks are often inadequate to address new technologies - such as biotechnology, nanotechnology, synthetic biology and robotics - and innovative new models are needed. This collection brings together invaluable, innovative and often complementary approaches for overcoming the unique challenges of emerging technology (...) ethics and governance. (shrink)

Drawing on Security, Territory, Population and The Birth of Biopolitics, this article aims, firstly, to consolidate our understanding of Foucault’s engagement with law by fleshing out his approach to law and by clarifying that he distinguishes between different kinds of law on the basis of the objectives that law serves and the regime of truth that it embodies. Secondly, using this understanding, the article proceeds to illustrate how the objectives and the regime of truth of the EU internal market law (...) have been displaced in the last few decades. It is argued that this body of law has increasingly come to perform the tasks of law in neoliberal government as pointed out by Foucault in these lectures, namely of expanding the domain of market values and mechanisms, and of restricting the exercise of legitimate government by opposing the rule of law to planning. In this regard, particular attention is paid to the way in which justiciable rights function as a technology of neoliberal rule within the internal market. (shrink)

Prior to the end of the Cold War, the word 'democracy' was rarely used by international lawyers. Few international organisations supported democratic governance, and the criteria for recognition of governments took little account of whether regimes enjoyed a popular mandate. But the events of 1989–1991 profoundly shook old assumptions. Democratic Governance and International Law attempts to assess international law's new-found interest in fostering transitions to democracy. Is an entitlement to democratic government now emerging in international law? If so, what are (...) its normative foundations? How have global and regional organisations encouraged transitions to democracy, and are their efforts consistent with their constitutional frameworks? How should international law react to elections in which profoundly anti-democratic parties win the vote? In this volume, leading legal scholars grapple with these and other questions to assess the future of international law on this most domestic of questions. (shrink)

Herbert Hart and the positivists influenced by him have, according to Nigel Simmonds, deflected attention from the question that has always been at the heart of philosophical reflection on law. This question concerns the relationship between law and morality and how we should understand it. Simmonds argues that law and morality are necessarily related and seeks to explain their relationship by reference to an archetype that actually existing legal institutions approximate more or less adequately. He identifies this archetype as providing (...) the basis for an analysis of law that is free from metaphysics and universally applicable. This review article raises doubts concerning Simmonds’ claims to offer a metaphysics-free and universal analysis. It also offers an argument in support of the conclusion that he has failed to point up the complexity of the positivist tradition he criticizes. While Simmonds is vulnerable to these criticisms, he throws light on an egalitarian philosophy of government that informs legal institutions in the West and is relevant to positivist analyses of law. (shrink)

The paper deals with the governance of Unmanned Aircraft Systems in European law. Three different kinds of balance have been struck between multiple regulatory systems, in accordance with the sector of the governance of UAS which is taken into account. The first model regards the field of civil aviation law and its European Union ’s regulation: the model looks like a traditional mix of top-down regulation and soft law. The second model concerns the EU general data protection law, the GDPR, (...) which has set up a co-regulatory framework summed up with the principle of accountability also, but not only, in the field of drones. The third model of governance has been adopted by the EU through methods of legal experimentation and coordination mechanisms for UAS. The overall aim of the paper is to elucidate the ways in which such three models interact, insisting on differences and similarities with other technologies, and further legal systems. (shrink)

This article examines the precepts of natural law feminism, and in exploring the writings of two Canadian feminists, Maureen McTeer and Louise Vandelac, examines how natural law feminism is deployed in debates about how to theorize reproduction. I contend that the natural law perspective obscures many issues worthy of feminist inquiry, and, perhaps more critically, eschews a discourse that emphasizes reproductive freedom in favour of one which has at its centre a largely unproblematized view of reproduction that follows a biologically (...) driven script of conception, gestation, childbirth and mothering as inherently and necessarily connected. I argue that this stance is particularly evident in natural law feminist analyses of ecology and the regulation of new reproductive and genetic technologies. In both these areas, natural law feminism poses the central problem as one in which feminists must zealously protect the natural association between women and reproduction; in so doing, natural law feminists gloss over the nature of this association. I suggest a reframing of the focus of debates on reproduction from what is natural and what is socially constructed to how we demarcate the two. (shrink)

This article examines the question of whether it is ethical for company officials to use the force of government to reduce or eliminate foreign competition, using the antidumping laws as a case study. This article begins with a brief examination of the U.S. antidumping laws and then examines several ethical questions related to the antidumping laws. The main question to be addressed is whether, and under what circumstances, it is ethical for domestic producers to ask government to (...) launch an antidumping investigation against a foreign competitor. Related questions to be examined include (1) Whether it is ethical to ask the government to launch an antidumping investigation even when the domestic company making the request knows that dumping has not occurred; (2) Whether it is ethical to ask for an antidumping investigation in cases where dumping (according to the definition of dumping) has occurred, where the effect is to help domestic producers at the expense of the general public. This article examines these questions by applying both utilitarian and non-utilitarian approaches. (shrink)

This book addresses conflicts involving how law relates normative orders. The assumption behind the book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow.