Review Essay of Stephen P. Turner, Explaining the Normative, 2010.

This paper argues that not only does history matter to legal epistemology, but also that understanding legal epistemology can yield a certain understanding of the past. The paper focuses on the common law practice of precedent and argues that there is no set of rules, principles, reasons or material facts that constitute the fixed or foundational content of past decisions, but rather that what is taken by a judge resolving a particular dispute to be the content of past decisions depends (...) on the active and creative construal of relevance engaged in by that judge. Precedents are better thought of as `thick resources with dynamic content'. Such content is constrained by a variety of stabilising practices, but never so constrained as to determine how it can be construed to be relevant. This image of law's past may offer a general view of the past as something with which we can actively and creatively relate in the course of coping with the present. (shrink)

Maks Del Mar’s book, Artefacts of Legal Inquiry: The Value of Imagination in Adjudication, proposes a rich and generative conception of judicial imagination. This essay reflects upon and then deplo...

The concept of corporate social responsibility is becoming integral to effective corporate brand management. This study adopts a multidimensional and cross-country perspective of the concept and analyses consumer perceptions of behaviour of four leading consumer products manufacturers. Data was collected from consumers in two countries – Spain and the UK. The study analyses consumers’ degree of interest in corporate responsibility and its impact on their perception about the company. The findings here suggest a weak impact of company-specific communication on consumers’ (...) perception. The implications of this study are relevant to companies for strengthening their social responsibility associations with the consumers. (shrink)

This essay argues that the practical reason approach to the study of social conventions (and social normativity more generally) fails to adequately account for the fluency of social action in environments that we experience as familiar. The practical reason approach, articulated most recently in Andrei Marmor’s Social Conventions: From Language to Law (2009) does help us, though not wholly adequately, to understand how we tend to react to, and experience, unfamiliar situations or unfamiliar behaviors, that is, those situations in which (...) a certain practice becomes problematic or is problematized, or where we are obliged to, or moved to, justify or deliberate. The reason why the practical reason approach is not wholly adequate when it comes to understanding unfamiliar situations or unfamiliar behaviors is that it tends to subsume the unfamiliar under the familiar, that is, it tends to negatively evaluate anything that is deemed to be not in accordance with the rules and reasons already familiar to the observer. This excludes the possibility of the observer having to transform himself or herself, and thus change what is familiar to him or her. (shrink)

This research is part of a more extensive programme that deals with intercultural ethics from different perspectives. All of them share a common inspiration sprung from UNESCO’s Intercultural Ethics Project. The main goal of this paper consists in offering pragmatic/theoretical tools in order to analyse a cultural and political issue which is currently very important in Spain: the confrontation between those promoting Spanish national culture and those promoting the Basque one. I approach this confrontation in terms of discursive praxis, reaching (...) the conclusion that only if both groups are capable of self-understanding will they be capable of reciprocal-understanding, and only then will it be possible to maintain peace in our country. (shrink)

This research is part of a more extensive programme that deals with intercultural ethics from different perspectives. All of them share a common inspiration sprung from UNESCO’s Intercultural Ethics Project. The main goal of this paper consists in offering pragmatic/theoretical tools in order to analyse a cultural and political issue which is currently very important in Spain: the confrontation between those promoting Spanish national culture and those promoting the Basque one. I approach this confrontation in terms of discursive praxis, reaching (...) the conclusion that only if both groups are capable of self-understanding will they be capable of reciprocal-understanding, and only then will it be possible to maintain peace in our country. (shrink)

What is the value of fictions, metaphors, figures and scenarios in adjudication? This book develops three models to help answer that question: inquiry, artefacts and imagination. -/- Legal language, it is argued, contains artefacts – forms that signal their own artifice and call upon us to do things with them. To imagine, in turn, is to enter a distinctive epistemic frame where we temporarily suspend certain epistemic norms and commitments and participate actively along a spectrum of affective, sensory and kinesic (...) involvement. -/- The book argues that artefacts and related processes of imagination are valuable insofar as they enable inquiry in adjudication, ie the social (interactive and collective) process of making insight into what values, vulnerabilities and interests might be at stake in a case and in similar cases in the future. -/- Artefacts of Legal Inquiry is structured in two parts, with the first offering an account of the three models of inquiry, artefacts and imagination, and the second examining four case studies (fictions, metaphors, figures and scenarios). -/- Drawing on a broad range of theoretical traditions – including philosophy of imagination and emotion, the theory and history of rhetoric, and the cognitive humanities – this book offers an interdisciplinary defence of the importance of artefactual language and imagination in adjudication. (shrink)

This article explores the maternal experiences of a heterogeneous group of 26 mothers from Granada. The aim is to analyse the needs and demands that these women express with regard to childrearing, using a qualitative methodology. The authors conducted in-depth interviews and analysed the discourses of the mothers following the hermeneutical method. The variables used for sample selection and the themes that emerged during the interviews revealed that the discourses of the mothers revolve around three dimensions: indifference, demands and resignation (...) regarding support for childrearing. The lack of paternal involvement in childrearing appears as a transversal dimension. This article shows that the material conditions of existence marked the differences in the responses of the women regarding support for childrearing, while the sexual division of labour and gender inequalities unified their discourses. (shrink)

This collection of original essays brings together leading legal historians and theorists to explore the oft-neglected but important relationship between these two disciplines. Legal historians have often been sceptical of theory. The methodology which informs their own work is often said to be an empirical one, of gathering information from the archives and presenting it in a narrative form. The narrative produced by history is often said to be provisional, insofar as further research in the archives might falsify present understandings (...) and demand revisions. On the other side, legal theorists are often dismissive of historical works. History itself seems to many theorists not to offer any jurisprudential insights of use for their projects: at best, history is a repository of data and examples, which may be drawn on by the theorist for her own purposes. The aim of this collection is to invite participants from both sides to ask what lessons legal history can bring to legal theory, and what legal theory can bring to history. What is the theorist to do with the empirical data generated by archival research? What theories should drive the historical enterprise, and what wider lessons can be learned from it? This collection brings together a number of major theorists and legal historians to debate these ideas. (shrink)

The papers selected for this volume offer a panorama of problems and methods at the intersection of legal theory and the humanities. The issues addressed include the role of the emotions and the imagination in legal reasoning, and the protection of the diversity of voices and perspective in the name of community. The articles balance renewed calls to humanise legal theory with those that analyse and explore the relevance of specific domains of the humanities - such as literature, architecture, music, (...) painting, drawing and film - for law. (shrink)

This collection brings together the most important and influential papers theorising the changing relationship between law and science. The articles span historical overviews of the attempts by legal scholars to model legal science on scientific methodology, and the efforts by legal philosophers scrutinising the claims made on behalf of genetics and neuroscience as to their implications for law and legal concepts. The volume strikes a balance between those that seek to protect law's autonomy against the perceived unwelcome inroads of science, (...) and those that seek to shape and change law by incorporating the latest scientific developments. (shrink)

This book provides a collection of 11 cutting-edge essays by leading young scholars, challenging long-held assumptions and offering new research paradigms in Philosophy of Law, in five parts: 1) methodology/metatheory; 2) reasoning/evaluating; 3) values/the moral life; 4) institutions/the social life; and 5) the global/international dimension.

This paper offers an example of what may be called ‘an aesthetic history of legal and political thought’. Such a task engages in theorising historically the features of aesthetic traditions that enable and further normative inquiry, i.e. an exploration of the norms and values that might contribute to the good life and the common good. The three features offered in this paper as useful to identifying such aesthetic traditions are communality and interactivity, experimentalism, and exemplarity. The paper shows how each (...) of these features is present, in particular ways, in one specific aesthetic tradition, namely the declamatory tradition. Tracing the declamatory tradition back to Ancient Rome, and examining its influence in the English Renaissance, especially in Sir Thomas More’s response to Lucian’s declamatory thema, Tyrannicide, the paper argues that the particular ways in which declamatory practice combines the above three features enables those engaged in it to pursue normative inquiry. The paper argues that the integration of these three features is especially visible in one aspect of declamatory practice, namely the introduction and exchange of colores, i.e. changes in the narrative, introduced by declaimers and their audiences, which shed light on the possible motivation of a character, and thereby also invited shifts in affective allegiance and evaluative perspective. The paper argues that it is in large part through such introduction and exchange of colores that the declamatory tradition enables and furthers normative inquiry, and thus also offers a good reason for including the declamatory tradition in ‘an aesthetic history of legal and political thought’. (shrink)

Stripping the Virgin Mary of the myths, stories, and dogmas surrounding her is a task that has particularly appealed to a branch of feminist theology which seeks to reclaim her as a figure of female empowerment. This article aims to explore the transformation of Mary’s body into an element of resistance in the work of some contemporary artists. By depicting her nude or semi-nude, artists disrupt the gender values commonly associated with the Virgin and open up alternative possibilities of affirmative (...) selfhood through her body. I contend that, in these works, the Virgin’s body functions as a ‘relational’ body that enters into dialogue with hitherto marginalized categories, such as the carnal, the sensual, the notion of fleshly materiality, or even the excluded sexualities of transgender people. (shrink)

The study of corporate social responsibility has been the object of much research in recent decades, although there is a need to continue investigating its benefits as a marketing tool. In the current work we adopt a multi-dimensional perspective of social responsibility, and we carry out market research to determine the perceptions of users of mobile telephone services about economic, legal, ethical and social aspects of their operating companies. With these data we determine the structure and components of the concept (...) of social responsibility. Subsequently, this is related with the overall evaluation of the service and loyalty by means of a model of structural equations, in order to determine the influence of corporate social responsibility on these concepts, and hence its benefits as a commercial tool. (shrink)

This essay examines the use of fictions in the reasoning of the House of Lords and United Kingdom Supreme Court in the context of two recent lines of authority on English tort law. First, the essay explores the relevance of counter-factual scenarios to liability in the tort of false imprisonment, in the light of the Supreme Court decisions in Lumba and Kambadzi. The second series of decisions is on causation in negligence claims arising from asbestos exposure. These cases have revealed (...) fundamental, ongoing judicial disagreement about the nature and extent of the exceptions made to general principles. The cases are also shown to lend force to Del Mar’s argument about the diachronicity of legal fictions. Overall, it is argued that such fictions play an important role in common law reasoning. (shrink)

Companies' perceptions of corporate social responsibility have been only partially analyzed from an individual perspective that focuses on personal characteristics and professional backgrounds. However, a gap exists in the research on manager leadership styles and CSR perceptions from a gender perspective. Therefore, this article analyzes differences in attitudes toward various dimensions of CSR by focusing on the leadership styles—transformational, dominance, and dual perspectives—of male and female managers in Spain. A total of 391 respondents in top management positions in Spain were (...) surveyed. The findings revealed similarities and differences between genders with respect to leadership styles and CSR perceptions by dimension using a univariate analysis. A causal model that employed structural equation modeling was also estimated. The findings suggest that for transformational and dual leadership styles, Spanish women may be more adaptable and effective at pursuing company sustainability than Spanish men. However, dominance leadership was found to be the worst leadership style for deploying a CSR strategy. A number of conclusions for business management can be drawn, and some directions for future research are provided. (shrink)

Heidegger, en su obra de 1925, Prolegómenos Para Una Historia del Concepto de Tiempo, realiza una revisión de la propuesta fenomenológica frente a la tradición filosófica, rescatando los descubrimientos de esta investigación: la intencionalidad, la intuición categorial, y el sentido originario de lo «a priori», así como la importancia del trabajo de Husserl para el desarrollo de la investigación filosófica. El concepto de intuición categorial toma para Heidegger relevancia, y lo caracteriza dentro de su investigación. Lo que aquí pretendo hacer (...) es presentar una interpretación de esta noción a partir de la idea de mundo como dimensión de la constitución de la aparición del ente. Como el mundo se presenta como un tema fundamental para la caracterización de la fenomenología Heideggeriana, intento esbozar una manera de aprehensión del mundo dentro de la ontología fundamental, por medio de la estructura del encontrarse, en alemán Befindlichkeit. Esto anterior, me permitirá analizar la particularidad de la fenomenología de Heidegger y, a la vez, mostrar las aproximaciones conceptuales entre Heidegger y Husserl, por medio de la revisión de dos conceptos: reflexión y epojé, pero siempre en relación al mundo. (shrink)

The concept of corporate social responsibility is becoming integral to effective corporate brand management. This study adopts a multidimensional and cross-country perspective of the concept and analyses consumer perceptions of behaviour of four leading consumer products manufacturers. Data was collected from consumers in two countries – Spain and the UK. The study analyses consumers’ degree of interest in corporate responsibility and its impact on their perception about the company. The findings here suggest a weak impact of company-specific communication on consumers’ (...) perception. The implications of this study are relevant to companies for strengthening their social responsibility associations with the consumers. (shrink)

In daily academic life, students are exposed to a wide range of potentially stressful situations which could negatively affect their academic achievement and their health. Among the factors that could be weakened by academic stress, attention has been paid to expectations of self-efficacy, which are considered one of the most important determinants for student engagement, persistence, and academic success. From a proactive perspective, research on academic stress has emphasized the importance of coping strategies in preventing harmful consequences. In recent years, (...) there has been a growing interest in discovering the extent to which individuals are able to combine different coping strategies and the adaptive consequences this flexibility entails. However, studies using this person-centered approach are still scarce in the academic context. On that basis, this current study had two objectives: (a) to examine the existence of different profiles of university students based on how they combined different approach coping strategies (positive reappraisal, support seeking, and planning); and (b) to determine the existence of differences in general expectations of self-efficacy between those coping profiles. 1072 university students participated in the study. The coping profiles were determined by Latent Profile Analysis (LPA). The differences in the self-efficacy variable were determined using ANCOVA, with gender, university year, and degree type as covariates. Four approach coping profiles were identified: (a) low generalized use of approach coping strategies; (b) predominance of social approach coping approaches; (c) predominance of cognitive approach coping approaches; (d) high generalized use of approach coping strategies. The profile that showed that a greater combination of the three strategies was related to higher general self-efficacy expectations, and vice versa. These results suggest that encouraging flexibility in coping strategies would help to improve university students’ self-efficacy. (shrink)

This paper examines undergraduate business students' perception of corporate social responsibility in cases in which they have not attended any specific course either dealing with CSR or providing training in ethics. A survey was conducted of 535 Spanish business students as future managers. The results show that the stakeholders' perspective deserves a huge attention for those students considering what the keys of business success are. Significant differences in perception were nevertheless identified when a multifactorial analysis was undertaken. Female students are (...) more concerned about CSR issues. The maximization of value for shareholders is less valued by second- and third-year students than by first-year ones. The findings point to a number of important orientations for the future development of university curriculum. (shrink)

Do we empathize with the others because first we have recognized them as somehow equals, or do we recognize them as equals because first we have empathized with them? This article explores the relation between affective empathy, the moral recognition of the others, and personal identity. I defend that, to recognize others as valuable and act in line with this, one must be able to feel affective empathy for their situation, and, to do so, one has to 1) be curious (...) about them to surpass indifference, and 2) feel that your identity is not threatened by recognizing the others. Otherwise, rationalizations and justifications of antisocial behaviors would arise. Thus, I focus on how the construction of the self plays a key role in prosocial behaviors and the activation of affective empathy, which has been overlooked by moral philosophy in the debate on empathy. In order to do so, firstly, I explore cases where moral recognition is broken, secondly, I explore the dichotomic debate on the role of empathy for moral recognition and moral agency, and, thirdly, I try to enrich the debate by shifting the focus to the prerequisites to feel empathy, such as curiosity, a well-integrated self and healthy narcissism, addressing so how the construction of the self plays a key role in the possibility of empathizing with others and, therefore, in epistemic virtues and moral agency. As a result, I advocate the importance of psychological education for moral agency. (shrink)

Do we empathize with the others because first we have recognized them as somehow equals, or do we recognize them as equals because first we have empathized with them? This article explores the relation between affective empathy, the moral recognition of the others, and personal identity. I defend that, to recognize others as valuable and act in line with this, one must be able to feel affective empathy for their situation, and, to do so, one has to 1) be curious (...) about them to surpass indifference, and 2) feel that your identity is not threatened by recognizing the others. Otherwise, rationalizations and justifications of antisocial behaviors would arise. Thus, I focus on how the construction of the self plays a key role in prosocial behaviors and the activation of affective empathy, which has been overlooked by moral philosophy in the debate on empathy. In order to do so, firstly, I explore cases where moral recognition is broken, secondly, I explore the dichotomic debate on the role of empathy for moral recognition and moral agency, and, thirdly, I try to enrich the debate by shifting the focus to the prerequisites to feel empathy, such as curiosity, a well-integrated self and healthy narcissism, addressing so how the construction of the self plays a key role in the possibility of empathizing with others and, therefore, in epistemic virtues and moral agency. As a result, I advocate the importance of psychological education for moral agency. (shrink)

What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offer striking and exploratory answers to this neglected question. The collection takes a holistic approach, inquiring as to the connections and relations between virtue, emotion and imagination. In addition to the principal focus on adjudication, essays in the collection also engage with a variety of different legal, political and moral contexts: eg criminal law (...) sentencing, the Black Lives Matter movement and professional ethics. A number of different areas of the law are addressed and the issues explored include: the benefits and limits of empathy in legal reasoning; the role of attention and perception in judicial reasoning;, the identification of judicial virtues and judicial vices ; the values and dangers of certain imaginative devices ; and the interactive and social dimensions of virtue, emotion and imagination. (shrink)

Se analiza a continuación la comprensión de los contrarios en Anaximandro y Heráclito con vistas a sacar a la luz sus semejanzas y diferencias.

En este artículo se revisan los conceptos de género y sexo, su papel como determinantes de la salud, y su relación con la desigualdad. Se analizan los diferentes modelos explicativos que se proponen en la bibliografía para comprender las relaciones entre género y situación de salud y cómo recientemente se ha evolucionado desde el campo de la salud de las mujeres hacia el enfoque de género en salud. Por último se presentan las aplicaciones del análiis de género en salud y (...) su utilidad en la planificación y evaluación de los sistemas de atención sanitaria. (shrink)