International law lacks many of the standard features of domestic law. There are few legislative or judicial bodies with exclusive authority over particular jurisdictions or subject matters, the subjects regulated by international law typically must affirmatively consent to be bound by it, and supranational authorities with the power to coerce states to comply with international obligations are rare. How can a legal system with these features generate changes in state behavior? For many theories, the ability of international law to inform (...) and change individual preferences provides the answer. When voters care that treaty commitments be kept, or that international norms be honored, the theory goes, leaders are more likely to be able to make choices consistent with international obligations. Over the last decade, a literature has emerged testing these theories using surveys and experiments embedded in surveys. Multiple U.S. studies find that international law and international norm arguments shift public opinion in the direction of greater compliance by 4 to 20 percentage points. However, studies in foreign contexts are more mixed, with some backlash reported in countries in which international law is highly politicized. This Article describes the state of current knowledge about whether international law actually does change preferences, explains the limitations with existing research, and proposes avenues for future study. (shrink)
Constitutional law in the United States is, for most practical purposes, the product of ‘judicial review’, the power of judges to disallow policy choices made by other officials or institutions of government, ostensibly because those choices are prohibited by the Constitution. This extraordinary and unprecedented power, America's dubious contribution to the science of government, has made American judges the most powerful in the world, not only legislators but super-legislators, legislators with virtually the last word. Because lawmaking power divorced from popular (...) will is tyranny, most states have attempted to reconcile the lawmaking power of judges with representative self-government by subjecting all or some judges to some form of popular election. In all but four such states, judges, encouraged and supported by their fellow lawyers in the organized bar—would-be judges and beneficiaries of judicial power—have responded by adopting codes of judicial ethics that limit what candidates for election to judicial office are permitted to say. The effect is to undermine elections as a control on judicial power by limiting criticism of judicial activism, the misuse of judicial power. (shrink)
Resumo Autores como os físicos Léon Rosenfeld, Gerald Holton e Franco Selleri, bem como o filósofo Miguel Reale perceberam já que, no interior da mecânica quântica, o princípio da complementaridade de Niels Bohr pode ser aproximado á noção filosófica de dialéctica. Além de buscar contribuir para robustecer tal linha de interpretaoção do famoso principío bohriano, neste paper tentaremos compreender dialecticamente a relaoção de Louis de Broglie e a de desigualdade de Werner Heisenberg. Por fim, argumentaremos a favor de um enfoque (...) realista do principío em causa. (shrink)
In the post-1945 world, constitutionalism has transcended the nation state, with an array of transnational arrangements now manifesting constitutional characteristics—so says a growing number of scholars. This article reveals an earlier but largely forgotten discourse of transnational constitutionalism: the constitutional theory of the British Empire in the late 19th and early 20th centuries. Focusing on the work of Albert Venn Dicey, the article shows that, when the Empire was at the height of its power and prestige, British constitutional scholars came (...) to see the Empire as a constitutional order and project. For Dicey, a committed constitutionalist and imperialist, the central dynamic of the imperial constitutional order was balancing British constitutional principles with imperial unity. This article focuses in particular on parliamentary sovereignty, a constitutional principle that, for Dicey, was both necessary for and dangerous to the Empire’s integrity. An exercise in intellectual history, the article rethinks Dicey’s work and the constitutional tradition in which Dicey has played such an integral part, seeking to reveal empire's forgotten significance. (shrink)
This work studies the philosophical and political meaning of the concepts of pardon and promise as a remedy for preserving human affairs from their constant fragility, according to the premises of Hannah Arendt in The Human Condition. The function of pardon is analyzed as that which redeems us ..
Industrial (“white”) biotechnology promises to contribute to a more sustainable future. Compared to current production processes, cases have been identified where industrial biotechnology can decrease the amount of energy and raw materials used to make products and also reduce the amount of emissions and waste produced during production. However, switching from products based on chemical production processes and fossil fuels towards “biobased” products is at present not necessarily economically viable. This is especially true for bulk products, for example ethanol production (...) from biomass. Therefore, scientists are also turning to genetic modification as a means to develop organisms that can produce at lower costs. These include not only micro-organisms, but also organisms used in agriculture for food and feed.The use of genetic modification for “deliberate release” purposes, in particular, has met great opposition in Europe. Many industrial biotechnology applications may, due to their scale, entail deliberate releases of GM organisms. Thus, the biobased economy brings back a familiar question; is it ethically justifiable, and acceptable to citizens, to expose the environment and society to the risks associated with GM, in order to protect that same environment and to sustain our affluent way of life? For a successful innovation towards a biobased economy, its proponents, especially producers, need to take into account (take responsibility for) such issues when developing new products and processes. These issues, and how scientists can interact with citizens about them in a timely way, are further explored in projects at Delft University and Leiden University, also in collaboration with Utrecht University. (shrink)
This is an English translation of a very short and quite dense Spanish original in which Gustavo Bueno summarizes and updates his philosophy of science as presented in 5 volumes in the 1990s. From then onwards, Bueno and a number of authors have developed this philosophy through specific applications to fields as diverse as classic chemistry, quantum mechanics, chaos theory, cybernetics, Darwinism, ethology, geology, plate tectonics, anthropology, sociology, economics and psychology. This has resulted in a number of doctoral dissertations, books (...) and articles. Unfortunately, that wealth of literature is for the most part only available in Spanish, although some of it has been produced in English and French or has been later translated into German and Chinese. Therefore, this translation is a welcome step towards an overdue effort.Gustavo Bueno is known as the main developer of philosophical materialism, one of the few last efforts to construe a comprehensive and coherent philosophical s .. (shrink)
This ar ti cle is part of the anal y sis of the his tory of ideas in Latin Amer ica, which is a field of thought that con trib utes to re cov er ing con tri bu tions from di verse fields of knowl edge, and which has been fo cused on by in tel lec tu als who con sider our iden tity to be a theme..