En philosophie du droit, on a coutume d’opposer juspositivisme et jusnaturalisme et de placer Jeremy Bentham dans la première catégorie. Plusieurs auteurs tiennent même Bentham pour le père du juspositivisme. Je prétends pour ma part que cette façon de classer Bentham est inadéquate et nécessite une importante mise au point. S’il est vrai que Bentham était un adversaire des doctrines du droit naturel, il ne s’ensuit pas pour autant qu’il appartient au positivisme juridique; et les raisons qui pourraient justifier le (...) classement de Bentham parmi les juspositivistes militent aussi pour son association au jusnaturalisme. Que faut-il entendre exactement par « positivisme juridique », et en quel sens Bentham y adhère-t-il? C’est à cette double question que le présent article est consacré. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A WAY OF LOOKING AT HEIDEGGER HUGO MEYNELL University of Calgary Calgary, Alberta IN THE FOLLOWING essay I w;ant to examine some of rthe ba1Sic ~deas of Heidegger from SIOmething of a " transcendiental Thomist " pevspective, 1 as represented by Bernard Lonergian's " generalized empirical method." I believe that there are a nlllmber of important insights :to be gained from Heidegger's work but that it contains a (...) fow very perilous oversights as well. To my mind, Heidegger shows with more conviction and power than any other thinker how our anxieties and our trivi1al everyday concerns are apt to shut us out from 1apprehending the deep my;stery of things, and how great art :and poetry, together with a,sustained thinking-through of the nmbure of consciousness :and of the woJ.'11d 1 wihich it reveals, have the power of opening up this mystery to us again.. I ailso agree with Heidegger when he says that the technicaiL fanguages of the scieDJoes and of traditional metaphysics as weH al'le, to a consiiew, one has to dismantle the conceptual appa- :vaitus which we take for granted, an appara;bus wherein the answers are given or presuppos,ed, but the questions al'e never e1q>erienced any more-least of all those aborut orur own nature, desbiny, and state in the wol'l1d. In asking these questions, we must be constantly ·aware of the limitations which aiccrue mom our particular historical sitruation.5 These were not sufficiently taken account of in the dassicaJ. phenomenology of Husserl, with its "transcendental subjectivity " based on an allegedly "d!isintel'ested observer." For all. its determination to 11eturn :to" the things themselves," this phenomerno~ogy did not attend sufficiently to the manner in which its own aims :and IJ[>ocedures we:ve determined historicaUy.6 Husserl, as he himself aJC1knowledged, was very much in the tradition of Descartes, who was trying to find an uns:hakabJe basis for the practice of phll.osophy. But it is just this basis which Heidegger seeks to prut into qruestion.7 We have to a.sk what is the decisiY.e matter for,thinking: "Is it consciousness and its objectivity or is it the Being of beings in its unconcealedness and concealment?" 8 Access to the things themselves is best thought of in true Greek fashion as " aletheia, the unoonceaJ.edness of what is present, iits being revealed, its showing itself." 9 (A,s he quite often does, Heidegger is here making capital out of ·an etymological point; " aletheia," the Greek word for """.t-1.,, • • 1 " i-th. " cealm t),..,ruuu, iI.S eqwv:a1ent to a- e ei,a, non~con · en. So what is basic to truth, irt must be inferred, is not the 00['rectness of assertions, or their cor11espondence with states of a:fiaim, or the :agreement of subjoot and object express1 ed by them; it is the self-showing which is necessary for things if 5 Cf. Krell, "Introduction," 21. 6 Ibid., 13. 7 Cf. Walter Biemel, Martin Heidegger (London: Routledge and Kegan Paul, 1977), 8-9; Krell, 31. On the alleged errors of Descartes, see BT 123-33. sHeidegger, On Tflrne and Bemg (New York: Harper and Row, 1972), 79; Krell, 14. oHeidegger, loc. cit., Krell, 13. 616 HUGO MEYNELL they 1arie to become objects of assertions.at all.10 The £.act is that.rulil (lO!l'respondence, " rudequation "11 or whatev. (shrink)

Background Contemporary societies are rife with moral disagreement, resulting in recalcitrant disputes on matters of public policy. In the context of ongoing bioethical controversies, are uncompromising attitudes rooted in beliefs about the nature of moral truth?Methods To answer this question, we conducted both exploratory and confirmatory studies, with both a convenience and a nationally representative sample (total N = 1501), investigating the link between people’s beliefs about moral truth (their metaethics) and their beliefs about moral value (their normative ethics).Results Across (...) various bioethical issues (e.g., medically-assisted death, vaccine hesitancy, surrogacy, mandatory organ conscription, or genetically modified crops), consequentialist attitudes were associated with weaker beliefs in an objective moral truth. This association was not explained by domain-general reflectivity, theism, personality, normative uncertainty, or subjective knowledge.Conclusions We find a robust link between the way people characterize prescriptive disagreements and their sensibility to consequences. In addition, both societal consensus and personal conviction contribute to objectivist beliefs, but these effects appear to be asymmetric, i.e., stronger for opposition than for approval. (shrink)

The issues surrounding civil disobedience have been discussed since at least 399 BC and, in the wake of such recent events as the protest at Tiananmen Square, are still of great relevance. By presenting classic and current philosophical reflections on the issues, this book presents all the basic materials needed for a philosophical assessment of the nature and justification of civil disobedience. The pieces included range from classic essays by leading contemporary thinkers such as Rawls, Raz and Singer. Hugo (...) Adam Bedau's introduction sets out the issues and shows how the various authors shed light on each aspect of them. (shrink)

There are relatively few empirical studies on the impacts of corporate social responsibility policies and programs. This article addresses the research gap by analyzing the incidence of, and the conditions that affect, decoupling among CSR policies, implementation of CSR programs, and CSR impacts for various environmental and social issues. Complete decoupling is a condition of full divergence among policies, programs, and impacts amounting to purely ceremonial CSR. Using ratings from a sustainability rating agency on a sample of about 1,000 large (...) companies in 24 countries, the authors find empirical evidence not supporting a conclusion of complete decoupling. The empirical evidence suggests four levels of nondivergence in the sample. First, for most CSR issues examined, CSR policies of high quality do have relatively strong effects on CSR implementation. Second, CSR programs of high quality do have relatively strong effects on CSR impacts. Third, for most CSR issues, even low-quality CSR policies enforce the incidence and quality of programs in comparison with having no policy at all. Fourth, weak programs have more impact on the realization of CSR goals than having no program at all. The authors also find that the quality of CSR reporting and locating the responsibility for CSR at the board level reduce decoupling by strengthening the quality of CSR programs. (shrink)

Nursing research using concept analysis plays a critical role for knowledge development, particularly when concerning to broad and foundational concepts for nursing practice, such as dignity. This study aimed to synthesize research concerning concept analysis of dignity in nursing care. Based on a literature review, electronic databases were searched using the terms “dignity,” “human dignity,” “concept analysis,” and nurs*. Papers in Portuguese or English were included. The research synthesis was conducted independently by two reviewers. A total of 35 citations were (...) identified and seven papers were included. Six studies were elected using Walker and Avant concept analysis methodology while one applied the Beth Rodgers evolutionary model. The concept of dignity has been studied by nurses, and its attributes, antecedents, consequences, and similar concepts were synthesized into a definition. Dignity emerged as a fundamental concept in nursing ethics and the main attributes synthesized were personhood, sociability, respect, and autonomy. The antecedents identified were: facilitators—patient focus care, recognition, education, and ethical competence; threats—vulnerability and organizational environment. The consequences were positive coping, empowerment, and dignity preservation. The synthesis of these seven studies using concept analysis provided a clear definition of dignity. These findings challenge future research and education, particularly for the study of undergraduate and postgraduate nursing education programs to enhance skills for preserving patient dignity in clinical practice. (shrink)

"A book from the Park Ridge Center for the Study of Health, Faith, and Ethics." Includes bibliographical references (p. [141]-195) and index.

By systematically biasing our beliefs, self-deception can endanger our ability to successfully convey our messages. It can also lead lies to degenerate into more severe damages in relationships. Accordingly, I suggest that the biases reviewed in the target article do not aim at self-deception but instead are the by-products of several other mechanisms: our natural tendency to self-enhance, the confirmation bias inherent in reasoning, and the lack of access to our unconscious minds.

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

This collection of essays, Global Bioethics: The Collapse of Consensus, deals with the issue of the repeated failure of attempts to derive a universal set of ...

A cognitive architecture aimed at cumulative learning must provide the necessary information and control structures to allow agents to learn incrementally and autonomously from their experience. This involves managing an agent's goals as well as continuously relating sensory information to these in its perception-cognition information processing stack. The more varied the environment of a learning agent is, the more general and flexible must be these mechanisms to handle a wider variety of relevant patterns, tasks, and goal structures. While many researchers (...) agree that information at different levels of abstraction likely differs in its makeup and structure and processing mechanisms, agreement on the particulars of such differences is not generally shared in the research community. A dual processing architecture has been proposed as a model of cognitive processing, and they are often considered as responsible for low- and high-level information, respectively. We posit that cognition is not binary in this way and that knowledge at any level of abstraction involves what we refer to as neurosymbolic information, meaning that data at both high and low levels must contain both symbolic and subsymbolic information. Further, we argue that the main differentiating factor between the processing of high and low levels of data abstraction can be largely attributed to the nature of the involved attention mechanisms. We describe the key arguments behind this view and review relevant evidence from the literature. (shrink)

The Belnap–Dunn logic is a well-known and well-studied four-valued logic, but until recently little has been known about its extensions, i.e. stronger logics in the same language, called super-Belnap logics here. We give an overview of several results on these logics which have been proved in recent works by Přenosil and Rivieccio. We present Hilbert-style axiomatizations, describe reduced matrix models, and give a description of the lattice of super-Belnap logics and its connections with graph theory. We adopt the point of (...) view ofAlgebraic Logic, exploring applications of the general theory of algebraization of logics to the super-Belnap family. In this respect we establish a number of new results, including a description of the algebraic counterparts, Leibniz filters, and strong versions of super-Belnap logics, as well as the classification of these logics within the Leibniz and Frege hierarchies. (shrink)

This paper examines hart's model (1967) of the retributive theory. section i criticizes the model for not answering all the main questions to which a theory of punishment should be addressed, as hart alleges it does. section ii criticizes the model for its omission of the concept of desert. section iii criticizes attempts by card (1973) and by von hirsch (1976) to provide new ways of proportioning punitive severity to criminal injury. section iv discusses the idea of retribution in justifying (...) aim and criticizes the theory of fingarette (1977). the conclusion is that the new retributivists have not solved the problems inherent to older versions of the theory. (shrink)