Aus dem Inhalt: Views from the North: Hans Petter Graver: Law, Justice and the State: Nordic Perspectives u Jacob Dahl Rendtorff: The Danish Welfare State: Philosophical Ideals and Systemic Reality u Sigri!Dur *orgeirsdottir: Feminist Ethics and Feminist Politics u Kuellike Lengi: The Situation of Human Rights in Estonia u Einar Palsson: Pythagoras and Early Icelandic Law u Law, Discourse and Rationality: Mats Flodin: Internal and External Rationality of Legal Systems u Logi Gunnarsson: A Discourse About Discourse u Hjordi!s Hakonardottir: Legal (...) Language: A Tool of Justice u Ghita Holmstrom-Hintikka: On the Use of Expert Witness in Legal Reasoning and Inquiry u Law, State and Nation: Agust H. Ing*orsson: Democracy, Bureaucracy and Marginalization of the State u Aleksander Peczenik: Law-State, Legal Certainty and Legitimacy of Law u Ove K. Pedersen/Sverre Raffnsoe: Reorganizing Society u Juha Raikka: Mill on National Sentiment u Pall Skulason: Concepts of the State and Classes of Value u Problems of Law and Rights: Britt-Mari Blegvad: How to Cope With Uncertainty: Trust and Law u Jon Wetlesen: Animal Rights or Human Duties?. (shrink)

Aus dem Inhalt: Justice in General: E. Attwooll: Is the Idea of Justice Asymmetric? u C. L. Sheng: Injustice in Law Caused by Conflict between Equality and Equity u G. Barden: Approaches to Justice: The Economy and the State u C. Schmidt: The Concept of Justice in Economic Theory u M. Milde: Rawls, Pluralism and the Value of Contract Theory u J. Tasioulas: M. Walzer on Justice u L. Cedroni: An Ethological Approach to Law, Justice and the State uaR. Kevelson: (...) Justice as Artifice and Sign u A. Makolkin: Semiotics and Poeticity of Law and Justice u D. Ginev: Law and Morality from a Hermeneutic-Semiotic Perspective Rights in General: F. Viola: Personal Identity in the Human Rights Perspective u J.-R. Sieckmann: Justice and Rights u P. Comanducci: Justice and Rights u D. Wayand: Aboriginal Rights - Then and Now u M. Pavcnik: Argument der Grundrechte u D. B. Boersema: What's Wrong with Rights? u E. E. Dais: A Kantian Critique of Justice Holmes's Rights Theory Social and Environmental Rights: B. M. Baker: The Welfare State: Objectives, Subordinate Principles and Justifying Grounds u U. Penski: Zur Begruendung und Struktur sozialer Rechte u H. LaFolette: Two Forms of Paternalism u L. J. Mazor: Social Justice / Asocial Injustice u D. Wood: Constitutional Minimalism and the Discretionary Power of the Welfare State u u.a. (shrink)

The dynamic development of science and technology in the last decades has led to new challenges in jurisprudence. This holds for individual fields of doctrinal law as well as the concerned fields of jurisprudence. It is especially significant for the structure of justice, the efficiency of law as a steering instrument of society, and the empirical conditions of legal responsibility. In a jurisprudential perspective, the philosophy of law is rather engaged with the adaptiveness of its traditional principles and categories (...) or the capacity to come to terms with the new developments and less concerned with concrete matters of law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Epistemic Leaks and Epistemic Meltdowns: A Response to William Morris on Scepticism with Regard to Reason Mikael M. Karlsson I. In an excellent paper which appeared in the April, 1989 issue of this journal,2 William Morris attemptsto demonstrate thatthe arguments which make up Hume's notorious chapter, "Of scepticism with regard to reason, are, in the first place, coherent—both internally and with the overall strategy of the Treatise—and, in (...) the second place, successful. Morris' paper is an exercise in the noble art of what I style constructive exegesis, an enterprise to which many readers of Hume Studies, and myself as much as any, are committed. It is a guiding principle ofthis art that we donotunderstandaphilosophical textuntil we can interpret it in such a way as to render it both coherent and correct. From this point ofview, coherence and correctness are not as independent of one another as they may seem to be to others who are differently committed. Some texts, such as Hume's chapter, "Ofscepticism with regard to reason," are notoriously resistant to constructive exegesis, despite the formidable bag of tricks which scholars and interpreters have developed; so resistant, that in gloomier moments we may be brought to wonder about our interpretative enterprise itself. Constructive exegesis is indeed a strange, and peculiarly optimistic, enterprise. Someday, I imagine, in a leisurely moment, I will think more reflectively about the principles ofour art. But not now.6 As a fellow practitioner of constructive exegesis, I am in full sympathy with what Morris tries to do in his paper; and I think that he does contribute substantially to our understanding of what Hume is up to in the chapter, "Ofscepticism with regard to reason." The third section of Morris' paper is, in my judgement, particularly successful in showing how Hume's chapter fits into the larger framework of the Treatise: Hume is, we see, attacking both what Morris labels "intellectualist rationalism" and its counterpart, which we may call 'unmitigated scepticism', although the chapter's two main arguments go primarily to the former. I also think that Morris gives very helpful, Volume XVI Number 2 121 MIKAEL M. KARLSSON and to my mind accurate, accounts of these two arguments, which I dub, respectively, the epistemic leak argument, and the epistemic meltdown argument. However, I have personally never found either of these arguments remotely convincing; and I still do not, despite Morris' clarification and defense. In what follows, I shall indicate some ofthe reasons for my dissatisfaction.?. Theepistemicleakargumentpurportsto"prove"(in Hume's sense)that reason or demonstration cannot support knowledge. Morris rightlyreminds us that whatHume meansby knowledge is perfect assurance or conviction: Knowledge is, in short, subjective certainty. This has caused confusion, for this is not what we usually mean nowadays by knowledge; nor was it what people, philosophers included, generally meant prior to Descartes. In Hume itis the product ofthe attempttoresolve all epistemic statesintomental eventsorwhat he calls "perceptions." In any case, we must—as Morris rightly explains—be clear that the epistemic leak argument is aimed at showing that demonstration cannot supportperfect conviction. Inoutline, the argumentissimple: Itworks, asMorrismakes clear, by shifting attention away from the subject-matter or "objects" of demonstration, that is, relations of ideas, to the exercise of demonstrative reason by human agents. The necessity of relations of ideas may suggest to us that we can be certain about them. Against this, one may point out that people do err in the conclusions arrived at by demonstration; this presumably shows that our (rational) understandingis fallible. And once we recognize this, our confidence in any conclusion produced by exercising this facultyislessened—thus do we move from knowledge, or subjective certainty, toprobability: belief, or imperfect conviction. Arguments ofthis general type (we can call them, using Descartes' famous figure, Totten-apple arguments ) were around long before Hume, although they were more commonly directed against the senses than against reason. We find them in antiquity—in Plato and Sextus Empiricus, for instance —and in Descartes, in parallel passages in the Discourse on Method, the First Meditation and the Principles of Philosophy, wherein one can discern a version directed precisely against reason and demonstration.12 To find out what, if anything, Hume has... (shrink)

Partial proceedings of the 17th World Congress, International Association for Philosophy of Law and Social Philosophy, Bologna, 1995.

This paper defends a neorepublican account of civic virtue as consisting of stable traits of character, understood in broadly Aristotelian terms, that exhibit excellences associated with the role of citizen, and that contribute to the secure protection of freedom as non-domination. Such an account is important for the neorepublican project because neither laws nor social norms can yield reliable support for republican freedom without a parallel input from civic virtue. The paper emphasizes the need to distinguish civic virtue from (...) desirable norms, which can operate in tandem. Against other neorepublican accounts of civic virtue, it argues that the primary function of such virtue is not to support the stability of republican regimes. Rather, it has a corrective function, and may in fact challenge institutions, laws, and informal norms if they allow for the exercise of arbitrary power. Finally, the paper argues that this account of civic virtue is better positioned than a stability-focused account to shed light on the relationship between civic virtue and the common good. (shrink)

Modern societies often claim to be democracies in order to enjoy greater legitimacy. Still, to understand the concept of democracy and how to justify it, the definition of it as self-determined is not sufficient. A complex understanding has to take into account ideas of rule of law as well as human rights. Sometimes these three concepts compete with each other - particularly in societies with a pluralistic approach to what "the good life" should be, such as societies which are made (...) up of distinct cultural backgrounds. This book presents a concept of democracy that encompasses at the same time the ideas of rule of law, human rights and self-determination. It contains the main lectures of the XXVI World Congress of Philosophy of Law and Social Philosophy, hosted by the Internationale Vereinigung fur Rechts- und Sozialphilosophie at the Universidade Federal de Minas Gerais (Brazil) in July 2013. (shrink)

The distinction between acting and suffering underlies any theory of agency. Among contemporary writers, Fred Dretske is one of the few who has attempted to explicate this distinction without restricting the notion of action to intentional action alone. Aristotle also developed a global account of agency, one which is deeper and more detailed than Dretske's, and it is to Aristotle's account (with some modifications) that the bulk of this paper is devoted. Dretske's sketchier theory faces at least two ground-level problems. (...) It is shown in the course of the paper how these can be handled by the Aristotelian account, in a way which is friendly to Dretske's approach. 1 An earlier, and fuller, version of this paper was presented at the international conference “Supervenience, Causality, Mind and Action”, Université de Provence (Aix-Marseille 1), Aix-en-Provence, 9-11 May 1999. I would like to thank Thorsteinn Gylfason, Logi Gunnarsson, Torfi Sigurdsson, Andri Björnsson and Lynne Rudder Baker for their helpful comments and criticisms. My research on causality and explanation, which forms the background for this paper, has been supported by the Icelandic Council of Science and the Research Fund of the University of Iceland. (shrink)

This book's aims are to determine the importance of legal philosophy in legal education and in addition to develop alternative methods for teaching law in general and the philosophy of law in particular. In this context, the individual essays in this volume discuss the alternatives and tendencies in the quest for an adequate model of teaching and learning jurisprudence. Common to all of them is a commitment to the necessary integration of theoretical and practical knowledge, of traditional case (...) and lecture methods with non-traditional models such as cinema, drama, and literature, and of the dominant legal perspective with alternative approaches utilizing information technologies such as computers and the internet. Effective teaching and learning must favor critical and strategic thinking, dialectical and dialogical inquiry or research, problem-solving, role-playing, and skill-developing over mere rote memorization of existing rules and standard answers. (shrink)

ABSTRACT The individual-community relationship has always been one of the most fundamental topics of social sciences. In sociology, this is known as the micro-macro relationship while in economics it refers to the processes, through which, individual actions lead to macroeconomic phenomena. Based on philosophical discourse and systems theory, many sociologists even use the term "emergence" in their understanding of micro-macro relationship, which refers to collective phenomena that are created by the cooperation of individuals, but cannot be reduced to individual (...) actions. "Emergence" theories attempt to explain the nature of society as a complex system by examining how individuals and their relationships lead to the creation of integrated and macro-social phenomena such as markets, educational systems, cultural beliefs, and shared social practices. As a prelude to activity, every researcher has to answer the question from the methodological point of view, how is it possible to study the behavior of social groups and how can we gain knowledge about the laws related to social groups? Anyone who deals with humanities and social sciences or any reality and phenomenon that affects human beings, inevitably deals with the reality that is emerging. In fact, emergence occurs when one level of reality emerges radically from another level. Examples of emergent levels of reality include how the mind emerges from the body; or the way society emerges from human beings. Therefore, when there is an emerging factor, different scientific disciplines should be used, because it is inevitable to talk about social affairs, psychology and neurobiology, as well as physical and even chemical. -/- INTRODUCTION Since its beginning in the 19th century, sociology has faced the fundamental question of what a social phenomena stands for? At a glance, sociologists deal with the study of social groups, collective behavior, institutions, social structures, social networks, and social dynamics, and ultimately all such phenomena are composed of individuals. Therefore, social phenomena seem to have no independent ontological status, and in this case, sociology is ultimately about reducible individuals. Different approaches about the micro-macro relationship, using the concept of "emergence", argue that although collective phenomena are created by individuals, they cannot be reduced to individual action. The term "emergence" is used to distinguish "emergent results" from " Procedural results". Results are called Procedural that can only be calculated by adding or subtracting the causes that act together. On the contrary, they are emergent outcomes that are qualitatively novel compared to the causes from which they originate. An example of such emergent results is mental characteristics that emerge from neural processes, but are not considered among the characteristics of neural processes of components - which are their origin. Philosophical debates about emergentism and reductionism focus on the mind-brain relationship, but as many philosophers have noted, they can be generalized to apply to any hierarchical set of features. The cognitive revolution reactivated a 19th century controversy between theorists of Identity and dualism. The theorists of Identity believe in reductionist materialism and elimination of metaphysics, according to which the mind is nothing more than the biological, while the dualists believe that the mind and the brain are distinct from each other. Emergence has been considered as a third way between the theories of Identity and dualism. -/- METHODOLOGY Interdisciplinarity Is fundamentally indicated by the dominance of open systems as well as social and emerging systems at different levels. Therefore, as long as we are facing a new emergentism, there will necessarily be different fields and an interdisciplinary method. The commonality of social sciences and cognitive sciences on the issue of emergence provides the possibility of interaction and exchange of concepts between these two for deeper research. Therefore, in this research, apart from the concepts of Subvenience and downward causation, we have used multiple realization and wildly disjunctive, which are used to explain the emerging concept in cognitive sciences, including neurobiology, psychology, and philosophy. For analytical and interdisciplinary approaches, after examining the concepts of subvenience, and wildly disjunctive, Individualistic and collectivist emergentism have been reviewed. And then their adequacy is criticized and evaluated in meeting strong emergence conditions. -/- FINDINGS Philosophers of the mind have been able to define the conditions of irreducibility and downward causation, which are essential for strong emergence, by using the principle of subvenience with the help of multiple realization and wildly disjunctive principles. Therefore, by definition, emergentist individualism suffers from the problem of how to explain downward causality and irreducibility, and emergentist collectivism faces the challenge of reification. The analysis of the challenges facing the two methodological approaches of individualism and collectivism leads us to three unresolved issues about the emerging phenomenon, which are realism, downward causality, and mechanism. Despite the differences in the stances of these two approaches regarding the aforementioned triple problems, individualists and collectivists both agree that some social characteristics are reducible; and some others are irreducible due to their complexity, the determination of which, depends on the case study of the mechanism of emergence of each social characteristic. -/- CONCLUSION An emergence that is consistent with reductionism is called a weak emergence. And strong emergence includes the principle of irreducibility and downward causality. According to strong emergence, the characteristics of social phenomena have downward causal power, which cannot be reduced to the causal forces. The principle of subvenience, together with multiple realization and wildly disjunctive, can provide the conditions of irreducibility and downward causality, which are essential conditions of strong emergence. Based on the philosophical analysis of two methodological approaches, individualist and collectivist, it can be concluded that emergentist individualism suffers from the problem of how to explain downward causality and irreducibility, and reification collectivism faces the challenge of reification. The analysis of the problems faced by these two approaches leads us to three unresolved issues, which are realism, downward causality, and mechanism. individualist emergentists acknowledge the existence of emergent social characteristics, but despite this, they believe that these characteristics are not real but merely analytical constructs that require explanation based on individuals and their mutual actions. But collectivists argue that emergentism yields a categorical ontology and supports social realism. They accept the dependence of social characteristics on individuals, but claim that social entities and structures are ontologically independent. Individualists and collectivists both agree that some social characteristics are reducible; and others are irreducible due to their complexity; and the only way to recognize this is to engage in empirical studies of the mechanisms and temporal processes of "emergence" that create social characteristics. -/- NOVELTY The newness of this compact article is as follows: a) Presenting an interdisciplinary approach using the analysis of philosophy of cognitive sciences, including the philosophy of mind, neurobiology and psychology to formulate the issue of social emergence; b) Criticizing individualist and collectivist methodological approaches to the issue of social emergence and explaining the sufficiency and shortcomings of both in providing weak and strong emerging conditions; c) Explaining and categorizing the challenges facing methodological approaches in explaining the phenomenon of social emergence, in three categories: realism, downward causality, and mechanism. BIBLIOGRAPHY Beckermann, A., Flohr, H., & Kim, J. (eds.) (1992). Emergence or reduction? Essays on the prospects of nonreductive physicalism. Berlin: Walter de Gruyter. Bhaskar, R. (1979). The possibility of Naturalism. New York: Routledge. Bhaskar, R., Danermark, B. & Price, L. (2018). Interdisciplinarity and wellbeing: A critical realist general theory of interdisciplinarity. London and New York: Routledge. Blau, P.M. (1981). Introduction: diverse views of social structure and their common denominator. In Blau, P.M. & Merton, R.K. (eds.), Continuity in Structural Inquiry (pp. 1–23). Beverly Hills: Sage. Blau, P.M. (1987). Microprocess and macrostructure. In K.S. Cook (ed.), Social Exchange Theory (pp. 83–100). Newbury Park, CA: Sage. Brooks, R.A., & Maes, P. (eds). (1994). Artificial life IV; proceedings of the Fourth International Workshop on the Synthesis and Simulation of Living Systems. Cambridge, Mass: MIT Press. Clark, A. (1997). Being there: Putting brain, body, and world together again. Cambridge, Mass.: MIT Press. Coleman, J. S. (1987). Microfoundations and macrosocial behavior. In: J. C. Alexander, B. Giesen, R. Munch, & Neil J. Smelser (Eds.). The Micro-Macro Link (pp. 153–73). Berkeley: University of California. Coleman, J. S. (1990). Foundations of social theory. Cambridge, MA: Harvard University Press. Elster, J. (1985). Making sense of Marx. New York: Cambridge University Press. Fodor, J.A. (1974). Special sciences (Or: The disunity of science as a working hypothesis). Synthese, 28(2), 97–115. Fodor, J.A. (1989). Making mind matter more. Philosophical Topics, 17, 59-79. Giddens, A. (1984). The constitution of society: Outline of the theory of structuration. Berkeley: University of California Press. Hempel, C.G. (1965). Aspects of scientific explanation and other essays in the philosophy of science. New York: The Free Press. Horgan, T. (1993). From supervenience to superdupervenience: meeting the demands of a material world. Mind, 102, 555-586. Humphreys, P. (1997). How properties emerge”. Philosophy of Science, 64, 1-17. Kim, J. (1999). Making sense of emergence. Philosophical Studies, 95, 3–36. Kincaid, H. (1997). Individualism and the unity of science. New York: Rowman & Littlefield. Lewis, D.K. (1986). The plurality of worlds. Oxford: Oxford University Press. Nigel, G., & Conte, R. (eds.) (1995). Artificial societies; The computer simulation of social life. London: UCL Press. O’Connor, T. (1994). Emergent properties. American Philosophical Quarterly, 31, 91-104. Popper, K.R. (1968). Conjectures and refutations: The Growth of Scientific Knowledge. New York: Harper & Row. Sawyer, R. K. (2001). Emergence in sociology: contemporary philosophy of mind and some implications for sociological theory. American Journal of Sociology, 107, 551-585. Sawyer, R. K. (2004). The mechanisms of emergence. Philosophy of the Social Sciences, 34, 260–282. Sawyer, R. K. (2005). Social emergence: societies as complex systems. Cambridge: Cambridge University Press. Sawyer, R.K. (2003). Nonreductive individualism: Part 2, Social causation. Philosophy of the Social Sciences, 33, 203–224. Winch, P. (1993). The idea of a social science and its relation to philosophy‭ (SAMT, Trans.). Tehran, Iran: SAMT. (shrink)

This book constitutes the strictly refereed post-workshop proceedings of the 11th International Workshop on Computer Science Logic, CSL '97, held as the 1997 Annual Conference of the European Association on Computer Science Logic, EACSL, in Aarhus, Denmark, in August 1997. The volume presents 26 revised full papers selected after two rounds of refereeing from initially 92 submissions; also included are four invited papers. The book addresses all current aspects of computer science logics and its applications and thus presents (...) the state of the art in the area. (shrink)

Internal misconduct is a universal problem in prisons and affects the maintenance of social order. Consequently, correctional institutions often develop rehabilitation programs to reduce the likelihood of inmates committing internal offenses and criminal recidivism after release. Therefore, it is necessary to identify the profile of each offender, both for the appropriate indication of a rehabilitation program and the level of internal security to which he must be submitted. In this context, this work aims to discover the most significant characteristics (...) in predicting inmate misconduct from ML methods and the SHAP approach. A database produced in 2004 through the Survey of Inmates in State and Federal Correctional Facilities in the United States of America was used, which provides nationally representative data on prisoners from state and federal facilities. The predictive model based on Random Forest performed the best, thus, we applied the SHAP to it. Overall, the results showed that features related to victimization, type of crime committed, age and age at first arrest, history of association with criminal groups, education, and drug and alcohol use are most relevant in predicting internal misconduct. Thus, it is expected to contribute to the prior classification of an inmate on time, to use programs and practices that aim to improve the lives of offenders, their reintegration into society, and consequently, the reduction of criminal recidivism. (shrink)

The Perceived Role of Ethics and Social Responsibility (PRESOR) instrument was developed in the United States by Singhapakdi et al. (1996b) as a reliable and valid scale to measure the perceived role of ethics and social responsibility in achieving organizational effectiveness. This study was carried out to confirm the factorial structure of the instrument and to assess its reliability and validity for use in Hong Kong, the finance and service heart of the Asia-Pacific region and a culture with (...) clear differences in ethical attitudes and perceptions from those of the United States. Constructive replication of the exploratory factor analytic procedure of the original study with a representative sample of Hong Kong managers failed to support the hypothesized scale structure but instead suggested a different, two-factor, structure. Confirmatory factor analysis defined the alternative model which comprised two interpretable, negatively intercorrelated factorial scales, "Importance of ethics and social responsibility" and "Subordination of ethics and social responsibility in the achievement of organizational effectiveness". The model showed a high level of goodness-of-fit for the population and the two subscales, comprised of five items and four items respectively, were shown to have acceptable internal consistency reliability. Correlational and multiple regression analysis showed highly significant levels of association with the ethical ideology dimensions of the EPQ (Forsyth, 1980), used in the validation of the original scale, and with two ethical philosophy subscales derived from the ATBEQ (Preble and Reichel, 1988). The instrument is short, easily administered, is psychometrically sound and has considerable potential in the study of the perceived role of ethics and social responsibility in the achievement of organizational effectiveness. (shrink)

The relationship between law and morality is a topic which receives special importance and attention, especially in "liberal democracies" in which the law is supposed to regulate highly pluralized and fragmented societies. Under conditions of plurality of values, many social forces and legal theories require a certain kind of neutrality from the legal system, a means of compatibility of the many "world views" and "moral systems" that are present within the same social space. Such a conciliating commitment sounds (...) particularly relevant in times of the doctrinal ubiquity of ideas such as "peace based on human rights". This was the title of the 28th World Congress of the IVR in Lisbon, with the special workshop "Law and Morals" on which this book is based. It is divided into four parts: "Law and Practical Reason", "Conceptual Approaches on Law and Morals", "Legal versus Moral Normativity", and "Morals and Legal Positivism". (shrink)

This volume contains a selection of papers presented at the special workshop "Truth and Objectivity in Law and Morals," held at the 26th World Congress of the IVR. The papers deal with diverse but correlated issues such as the search for truth in and through legal argumentation; the intelligible character of rules inside theories of interpretation which guarantee the coherence and the integrity of law; the role of hermeneutic analysis in the construction of the objectivity of law; the procedural and (...) contextual aspects of objectivity in legal reasoning; the role of objectivity in the distinction between the context of justification and the context of discovery; the problem about truth of normative propositions and legal statements; the incompatibility of non factualism with the traditional account of validity and legality; as well as the possibility of objectivity in morals. (shrink)

The article defects priority idiological and centenary positions of the Ukrainian society in the 19th century. The acceptance of consciousness and self-relevant is characterized by a comprehensive analysis. The aim and the tasks: вy working out ethical and philosophical literature, to justify the establishment of dignity of personality in the conditions of domestic cultural and socio-political selfdetermination of the late twentieth century.Research methods are the main methods of research are historical, structuralfunctional, systemic and comparative. To solve specific research tasks also (...) used the principles of systemicity, objectivity, ascension from abstract to concrete, etcEmphades of a new state in ethical and phylosophic keys, analyzes the values of Ukrainians, slogans, native ideas are analyzed. Research results: Scientifically illustrated embodies of the national self-release of the Ukrainian society: Selfrelease of the Naziological State Ukraine: Sovereignty of Ukraine (1985-1991 gg.); Nassional State Formation of Ukraine in the conditions of socio-purity and socioeconomic neoperedelenost (1992-1996 gg.); Creation of oligarchata as a diverse manifestation of a democratic regime in Ukraine (1996-2004 gg.); Polarization of the Farility (2005-2014 gg.); Thick ethape, which is purely formally defined as "post-revolutionary". The author exemplary aspects of the social realities of the reorganization, and the presentation of honor and dignity of the license. Discussion. It is condemned that for the self-release of the national state, the slide of restructuring of steel, the significant income from the public discourse of the topics of repressions, reversed to the families of the species of culture, science, public expressions, popularization of the creativity of the dyspasses and diaspree Figur. Conclusion. In such a way, the protest in the second half of the 1980s is Pastepeno Gladenna, which has received the introduction of privacy in its own participants.Many were re-enriched, rising from the laurel of the prison establishment, the inside of the country, and in the finishing of the bobs for Naziovnoye venereal, the rule of law and market economy. The dignity of a person on the day of restructuring, in the whole, was disturbed from the ancestors of the historical objects of the maintenance of the specialty – Ego Simbiosis with such categories, as freedom, will be, independence. (shrink)

The volume comprises a selection of papers delivered at the 24th IVR World Congress. All papers address the challenge of the construction of a Global Ethics in the context of fragmented and pluralist societies, in which the idea of an Ethical Space seems to be an unachievable project, but also an indispensable device for cooperation between individuals, communities and states.The idea of a Global Ethics is to be constructed from within different traditions and environments with a mutual understanding and exchange (...) of opinions. In this volume, we combine the ideas of Harmony (typical of the traditional Chinese legal philosophy) and of the Rule of Law (as it is understood in Western societies) to new ideals. By acknowledging the potential that these ideals have on a global scale, the papers of the first section, Ethical Dimensions of the Rule of Law address some of the key ethical problems in today's world. In a second section, some of the leading legal philosophers in China propose a way to incorporate the values of Harmony and of the Rule of Law into the Chinese Law and Society. (shrink)

The question of the role of science in the development of our society, and the role of the social sciences in particular, loomed large in the decisions of the 23rd Congress of the CPSU. This was a consequence of the tasks posed by the present stage of the building of communism. The proceedings and decisions of the Congress emphasized the rapid advance of science, its increasing influence upon all aspects of the material and intellectual life of society, and the (...) need to assure high rates of scientific and technological progress on the basis of the growth of all branches of knowledge and the extensive introduction of the achievements of science into industry. In the Report of the Central Committee of the CPSU to the Congress, considerable attention was given to the social sciences, upon which the party is now placing even greater responsibility. "The elaboration of important problems in economics and politics, philosophy and sociology, history and law, and in other social sciences, in close association with the practical work of the building of communism," said L. I. Brezhnev, "is a most important task for Soviet scholars." Further, he emphasized: "The development of the social sciences and the introduction of their recommendations in practice play no less important a role than the employment of the achievements of the natural sciences in the sphere of material production and the development of the intellectual life of the people" . These statements call for thorough consideration. (shrink)

This volume presents an extended version of the contributions presented at the workshop "Kant's Concept of Law" held at the 26th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR) in 2013. It handles issues of applied legal philosophy in Kant's Doctrine of Right such as ownership, the alleged right of necessity, the right of resistance and the right of revolution. With each of these applied issues, the focus lies, (...) on the one hand, on the relationship between the principles a priori of law and of the duties of rights, as well as their normative requirements - for instance, the duty of independence from the coercion by others - and, on the other hand, empirical situations and their pressing demands. Thus, this volume illustrates how Kant concretely conceives of the doctrine of "first metaphysical of the doctrine of right" as supplying "the immutable principles for any giving of positive law". Each essay of this volume not only undertakes a careful and original interpretation of Kant's theses, but also offers a critical assessment. (shrink)

This book seeks to build bridges between neuroscience and social science empirical researchers and theorists working around the world, integrating perspectives from both fields, separating real from spurious divides between them and delineating new challenges for future investigation. Since its inception in the early 2000s, multilevel social neuroscience has dramatically reshaped our understanding of the affective and cultural dimensions of neurocognition. Thanks to its explanatory pluralism, this field has moved beyond long standing dichotomies and reductionisms, offering a neurobiological (...) perspective on topics classically monopolized by non-scientific traditions, such as consciousness, subjectivity, and intersubjectivity. Moreover, it has forged new paths for dialogue with disciplines which directly address societal dynamics, such as economics, law, education, public policy making and sociology. At the same time, beyond internal changes in the field of neuroscience, new problems emerge in the dialogue with other disciplines. Neuroscience and Social Science - The Missing Link puts together contributions by experts interested in the convergences, divergences, and controversies across these fields. The volume presents empirical studies on the interplay between relevant levels of inquiry (neural, psychological, social), chapters rooted in specific scholarly traditions (neuroscience, sociology, philosophy of science, public policy making), as well as proposals of new theoretical foundations to enhance the rapprochement in question. By putting neuroscientists and social scientists face to face, the book promotes new reflections on this much needed marriage while opening opportunities for social neuroscience to plunge from the laboratory into the core of social life. This transdisciplinary approach makes Neuroscience and Social Science - The Missing Link an important resource for students, teachers, and researchers interested in the social dimension of human mind working in different fields, such as social neuroscience, social sciences, cognitive science, psychology, behavioral science, linguistics, and philosophy. (shrink)

abstract Individuals tend to change their behaviour as a response to insurance. Such behavioural responses to insurance are commonly seen as ethically and morally problematic. This is especially true of effects on behaviour from social insurance. These effects have been seen as an ethical problem, associated with irresponsibility, fraud and an immoral character. This article discusses the relevance of four different types of reasons for claims that behavioural responses to social insurance are immoral. These reasons are independent reasons (...) con‐tract related reasons reasons related to fraud and reasons related to justice. I argue that reasons related to justice are most relevant, but that this type of reason does not render the individual morally blameworthy. Hence, insofar as behavioural responses to social insurance are an ethical problem it is a problem that concerns the institution, i.e. what incentives social insurance exhibits, rather than the individual, i.e. the morality of the individual responding to it. Insofar as behavioural responses to social insurance are an ethical problem it is a problem for political philosophy rather than individual ethics. (shrink)

abstract Individuals tend to change their behaviour as a response to insurance. Such behavioural responses to insurance are commonly seen as ethically and morally problematic. This is especially true of effects on behaviour from social insurance. These effects have been seen as an ethical problem, associated with irresponsibility, fraud and an immoral character. This article discusses the relevance of four different types of reasons for claims that behavioural responses to social insurance are immoral. These reasons are (1) independent (...) reasons (2) con‐tract related reasons (3) reasons related to fraud and (4) reasons related to justice. I argue that reasons related to justice are most relevant, but that this type of reason does not render the individual morally blameworthy. Hence, insofar as behavioural responses to social insurance are an ethical problem it is a problem that concerns the institution, i.e. what incentives social insurance exhibits, rather than the individual, i.e. the morality of the individual responding to it. Insofar as behavioural responses to social insurance are an ethical problem it is a problem for political philosophy rather than individual ethics. (shrink)

Climate change and other global environmental problems constitute a significant challenge to contemporary political philosophy, especially with respect to complacency. This paper assesses Rawls? theory, and argues for three conclusions. First, Rawls does not already solve such problems, and simple extensions of his theory are unlikely to do so. This is so despite the rich structure of Rawls? philosophy, and the appeal of some of its parts. Second, the most promising areas for extension ? the circumstances of justice, (...) the duty to maintain and promote just institutions, and his vision of social development ? are those that have not yet been explored. Third, unfortunately, Rawls? views on these topics are both seriously underdeveloped, and largely stipulative. Hence, in trying to meet climate change, Rawlsians are more likely to add new theories to Rawls, and perhaps even to transform his original account, than to generate an approach ?from the inside out? (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Best Love of the Child: Being Loved and Being Taught to Love as the First Human Right ed. by Timothy P. JacksonMary M. Doyle RocheReview of The Best Love of the Child: Being Loved and Being Taught to Love as the First Human Right EDITED TIMOTHY P. JACKSON Grand Rapids, MI: Eerdmans, 2011. 416 pp. $28.00With The Best Love of the Child, Eerdmans adds to an already (...) impressive roster of books on children and families. While previous contributions to the field have challenged the appropriateness of rights in addressing the needs of children, Best Love explores the “best interest” standard that is commonly used by courts and international bodies to adjudicate cases involving children. The book’s fundamental claim is that what is “best” for children involves being loved and being taught to love. Although the essays in this volume acknowledge that the primary locus for the love and care of children is the family, they also engage other contexts including religious communities, courts, and legislative bodies.In a section dealing with social-psychological perspectives on this theme, Peter Benson and Eugene Roehlkepartain make the case that doing the best for children requires shifting from a deficit model that focuses on what children lack to a model that emphasizes their developmental assets. Other chapters in this section highlight the ways parents can pursue the best for children by introducing them to spiritual practices rooted in love for God and compassion [End Page 231] toward others, and by providing them with a narrative-rich environment that deepens bonds between adults and children.A section on historical perspectives continues this trajectory by highlighting the vocations of children from the late thirteenth century on to the early modern period. In his concluding essay in this section, Charles Reid links historical and contemporary concerns by focusing on the right to life and its implications for analyses of war and healthcare access.In a section on philosophical and theological perspectives, Cynthia Willett challenges liberal understandings of rights in view of the experiences of children and argues for an approach that recognizes a central paradox of human freedom: that relationships of interdependence do not weaken freedom but rather enhance it. This paves the way for developing a sense of collective responsibility for children based on shared commitments to justice and solidarity that reach beyond the privatized family. Richard Osmer tackles the concept of original sin in order to advance a vision of a missional church in which congregations work with families to encourage authoritative—rather than authoritarian—styles of parenting that model mutual forgiveness. Marcia Bunge’s contribution is the most practical, offering a list of practices for children, families, and congregations for nurturing children’s vocations.In a concluding section on legal perspectives, Michael Broyde notes that, in the context of custody cases in Jewish law, the primary question is not who loves the child the most but rather who can best meet the child’s needs in an atmosphere of respect. Margaret Brinig and Steven Nock argue that law can, in fact, foster the love of children and the potential children have for becoming loving themselves by promoting family structures that are stable and afforded status in the community. In this way families can model the covenantal relationships of unconditional love in which children thrive. The collection concludes with an essay by Don Browning that emphasizes weaving together love’s affective elements with the very practical activities of caring for children and respecting their emerging selves.By inviting thoughtful reflection on how loving and being loved are central to the well-being of children in families and other institutions, Best Love makes an important contribution to the interdisciplinary field of childhood studies. The book is best suited for graduate students, although the essays by Osmer and Bunge are relevant to pastoral settings. [End Page 232]Mary M. Doyle RocheCollege of the Holy CrossCopyright © 2015 Society of Christian Ethics... (shrink)

International criminal law is dedicated to the battle against impunity. However, the concept of impunity lacks clarity. Providing that clarity also reveals challenges for the current state and future prospects of the project of ICL, which this article frames in cosmopolitan terms. The ‘impunity norm’ of ICL is generally presented in a deontic form. It holds that impunity for perpetrators of international crimes is a wrong so profound that states and international bodies have a pro tanto duty (...) to prosecute and punish perpetrators, a duty that cannot be overridden by considerations of cost, including the costs of infringing on the traditionally understood legal sovereignty of states. This deontic reading of the impunity norm is difficult to justify, a fact linked to the waning fortunes of ICL over the past several years. If ICL is to reverse this trend, the impunity norm’s strongly deontic reading should be replaced by a version derived from deliberative principles. (shrink)

Leveraging, according to David M. Anderson and his colleagues, is both a basic principle of human conduct and the most dominant strategy in recent years that individuals, organizations and countries use to pursue their ends. Although many scholars agree that a crisis of "over-leveraging" caused the financial crisis of 2008-2010, it has not been appreciated that an "over-leveraging" crisis has existed in American politics and the American family system as well. This book addresses the need for a "Leverage Mean" (falling (...) between the extremes of too much leverage and too little leverage) in the economy, politics, family life, and international relations. It identifies three different kinds of leveraging-bargaining, resource, and investment and provides an explanatory and normative theory which draws on the fields of economics, political science, sociology, history, psychology, international relations, law, and philosophy. Moreover, it shows how the dissolution of the Cold War, the dismantling of the modern family, and the rise of the Internet along with the deregulation of the financial services industry led to the diffusion of power which has made leveraging of the first importance for everyone. This book should be of interest to social scientists, philosophers, political theorists, public policy makers and politicians. David Anderson and his colleagues are the first to characterize and assess one of the major instruments of power of the contemporary era. This volume represents the best work on leverage since Archimedes and will be widely read and discussed. Benjamin Ginsberg, David Bernstein Professor of Political Science and Chair, Center for Advanced Governmental Studies, Johns Hopkins University Leverage might literally be the operative word of the 21st century. Anderson's volume is a wide-ranging and illuminating study of this fundamental and dynamic concept. Parag Khanna, Senior Fellow, New Amer ica Foundation, author of The Second World: How Emerging Powers Are Redefining Global Competition in the Twenty-first Century. (shrink)

In this paper I argue that Buddhism and humanistic-Marxism have much in common, and that they really are quite complementary in many ways. Early on I cite the Dalai Lama and some remarks he makes in relation to Buddhism and Marxism—remarks that seem not to make a distinction between orthodox-Marxism and humanistic-Marxism. I then go on to give a brief sketch of some of the central aspects of humanistic-Marxism; and in doing 50 I draw from a number of well-known Eastern (...) European philo-sophers. Among other things, I focus on the relation between the early and late Marx, "praxis", 'free conscious activity", historical materialism, the spiritual dimension in Marx and its role in social transformations, etc. After a brief indication of the Buddhist "four noble truths", I bring out that both Marx and Buddha are deeply concerned about human suffering; but that there is an important difference in emphasis with respect to the external and internal Factors associated with human suffering. I go on to bring out that both perspectives agree that there is no creator God, or eternal soul; and that both perspectives see reality as process in character. For each perspective this means that things are what they are by virtue of the dynamic interrelations they have with other things. whether directly and indirectly. I bring out that both perspectives begin their analysis of the human condition with the given situation in which human beings find themselves, and that both perspectives see human beings as the makers of themselves, but that they do so in somewhat different ways. Also both perspectives see human beings as making themselves on the basis of the ways they have made themselves in the past, but as doing so in ways that are not fatalistic. In this connection I compare the Buddhist view of karma, and an overlapping view of social karma in Marx. Also I discuss Buddhism ancj Marxism with respect to the notion of the ego-self, and the question of whether there are many different forms of the ego-self; and if so, how such different forms might come about, and what this would mean in relation to the Buddhist notion of ''samsara". Finally,! point to a way that humanistic-Marxism could consistently acknowledge a possible transcendence of the ego-self. In passing I point out that the notion of "unalienated spirituality" in Marx has much in common with the Buddhist notion of "enlightenment". (shrink)

"The main argument of this paper is that there are reasons for judges not only to evaluate the substantive merit of legislation, but to advert to the fact that the place of elected legislatures in our scheme of government gives legislation a standing, an entitlement to consideration, that may go beyond judicial estimates of its intrinsic merit." [Is this just a statement of procedural legitimacy?] "To answer the question [of who assigns rights], courts must take a view as to the (...) proper role of courts vis-a-vis legislatures; they must take a view about the allocation of power in our legal/political system. In drawing this line, courts can take one of two approaches. First, they can make decisions solely on the basis of considerations internal to the relevant clauses of the Constitution, perhaps by giving them a moral reading. Second, they can include in their thinking institutional considerations regarding the role of popular decision-making bodies in our governmental structure." Claims that Dworkin advocates the first [which is false], and that we should accept the second, which is advocated by advocates of judicial restraint. It is appropriate for a judge to give weight to the fact that a decision was reached by a legislature. "Specifically, I think it appropriate that courts presume the constitutionality of such laws, understanding that their own role demands that they overturn them if they are not merely different from what the judges might have decided on their own, but are beyond acceptability." Reasons for the presumption of constitutionality: value of compromise, allocation of power ), appropriateness of humility, integrity and community. (shrink)

Sub-Saharan African countries have generally remained relatively poor for many decades, despite various internal and external measures. Every year, African governments conceive and implement poverty reduction and eradication policies, and multi-lateral agencies and developed countries provide development assistance to enable SSA countries achieve their development goals. This article utilises systems theory to advance the thesis that sub-Saharan countries’ failure to develop is, to a significant extent, a consequence of poor knowledge utilisation. The significance of knowledge utilisation arises from the fact (...) that in modern society, differentiation is pronounced and each sphere requires special knowledge for optimal outcomes. However, in sub-Saharan countries, knowledge is largely utilised to secure the vulgar goals of the political elite. When knowledge is perceived to require policies that are in disharmony with those goals, it is not utilised. This paper demonstrates that the selective under-utilisation of knowledge accounts for the failure of sub-Saharan countries to realise their development goals. The analysis concludes that while in his Social Systems Niklas Luhmann conceived society to be a constituent of systems and sub-systems that work to enable it to maintain and renew itself, in SSA countries dysfunctional political systems impede the process of self-maintenance and self-renewal. As such, Sub-Saharan states must re-orient to utilise knowledge correctly. Keywords Knowledge, modern society, differentiation, political elite, development. (shrink)

This paper explains and criticizes the definition of corruption used by the U.S. Supreme Court in its campaign finance decisions and proposes components of a new definition to be applied by the Court. The paper also offers a preliminary assessment of the impact of the Citizens United v. FEC decision of 2010, and suggests that much of the analysis to date has been inaccurate or superficial. Further, given the Court’s expansive analysis and application of the First Amendment to corporate political (...) activities in its latest decisions, the paper also suggests alternative checks on corporate political power related to shareholder activism and corporate governance. (shrink)

For the theorists of crisis, the revolutionary state comes into existence through violence, and due to its inability to provide an authoritative katechon (restrainer) against internal and external violence, it perpetuates violence until it self-destructs. Writing during extreme economic depression and growing social and political violence, the crisis theorists––Joseph de Maistre, Juan Donoso Cortés, and Carl Schmitt––each sought to blame the chaos of their time upon the Janus-faced postrevolutionary ideals of liberalism and socialism by urging a return to pre-revolutionary (...) moral and religious values. They are united by three counterrevolutionary principles, all of which are purported to remedy revolutionary violence: traditional constitutional fidelity, the philosophy of the decision, and opposition to bourgeois liberalism. This essay is followed by the first complete English translation and publication of Donoso’s letter of October 24, 1851, which contains Donoso’s only reference to the “discussing class,” a political entity later popularized by Schmitt in his 1922 work Political Theology. (shrink)

BackgroundOrganizations worldwide increasingly adopt inclusive talent management, and this approach appears to rhyme particularly well with the Nordic welfare model. Questions about its value remain understudied, however. The inclusive approach is rooted in positive psychology and focuses on recognizing each employee's individual talents and assessing whether they fit the long-term needs of the organization, since a fit is assumed to be associated with employees' wellbeing. In the present study, we test this assumption focusing specifically on a key talent management practice, (...) talent identification, and the social dimension of employee wellbeing.MethodData were collected through an employee survey conducted within the Finnish units of four international manufacturing organizations and analyzed using logistic regression.ResultsWe found that the recognition of individual talents for long-term deployment by the organization is positively associated with social wellbeing in terms of supervisor support and social climate in the work unit, as perceived by the employees.ConclusionOur results tentatively suggest that inclusive talent management creates value through the identification of employees' individual talents as this practice can be associated with their enhanced wellbeing. (shrink)

Effects of globalization have amplified the magnitude and frequency of corporate abuses, particularly in developing economies where weak or absent rules undermine social norms and principles. Improving multinational enterprises’ (MNEs) ethical conduct is a factor of both the ability of firms to change behaviors in the direction of the moral good, and their willingness to do so. Constraints and enablers of a firm’s ability to act ethically emanate from the external environment, including the industry environment of which the firm (...) is a resident, and the host country environment in which it operates. A firm’s willingness to engage in ethical conduct is determined by the effective bundling of internal resources and the commitment of those resources to social ends. The interaction of external and internal conditions carves out categories of expected firm behaviors and suggests interventions that would push these behaviors in a more positive ethical direction. With reference to integrative social contracts theory (ISCT), these categories of firms are examined, and a conceptual model for analysis is developed to explain the drivers of corporate choices in the adoption and implementation of codes of conduct, and the relative power of relevant communities to the process. (shrink)

Purpose. Based on the comparative analysis of the European and post-Soviet countries, the purpose of the article is to study one of the manifestations of gender discrimination, namely the problem of gender equality in the sphere of labor. It involves the consistent solution to the following tasks: a) to emphasize the basic principles of gender international and legal policy; b) to reflect the praxeological dimension of providing the equal social and economic opportunities for men and women at current (...) level; c) to emphasize the key criterion for ensuring the equality in socio-cultural sphere – equality in political life; d) to study the educational level of women and the possibility of self-realization in employment equal to men. Theoretical basis. The authors proceed from the standpoint that gender equality at the present stage has become a priority of legal policy and an important principle of the state of pro-European orientation. It is characterized in the legal plane, first of all, by the equality of the social roles of men and women, and the overcoming of the gender hierarchy of social ties, in which men are perceived as higher beings by their mental and physical abilities, and their activities are more significant and of priority in comparison with the activities of women. Originality. The authors have substantiated that in many economically developed countries the problem of providing a gender is still relevant, but most of the crisis problems in this area have found their legal regulation. The motivated position of the authors is that the level of education and professionalism of women cannot serve a reason for discrimination against women, which now exists in the economic and political sphere in the post-Soviet space. Conclusions. Gender stereotypes remain the priority in woman’s keeping family household, which creates significant inequalities of women and men at the labor market. Specialized regulatory acts in the field of gender declare the equality of men and women, while labor law defines a number of norms and guarantees that complicate the employment of women. In order to improve the situation we propose to implement a number of measures, such as, creation and financial support of the programs at the state level for supporting maternity, family and childhood; examination of all normative acts and concerning the issue of gender asymmetry, and especially the norms of labor law; introduction of state monitoring of employment and income of persons as to the complying with the principle of gender equality; introduction of quotas for women’s participation in political activities, in the work of the government and parliament, etc. (shrink)

The advent of personal genomics companies offering direct translation of scientific data into personal health information, calls into question traditional policies to refuse disclosure of such scientific data to research participants. This seems especially true for population biobanks, as they collect not only genotype information but also associated phenotype information, and thus may be in a unique position to translate their scientific findings into personal health information for their participants. Disclosure of such information seems mandated by the expectations raised by (...) biobanks and their participants' rights to know health information, to know clinical research results, to life and health and particularly their right to benefit. Refusals to disclose such information can be grounded in the lack of analytical validity and/or clinical utility of most findings, the need to avoid the therapeutic misconception, the complexity and costs involved in translation and disclosure and the disproportionate burden resulting from the obligation to respect participants' right not to know before any disclosure can be made. Currently, any demands by participants in population biobanks for full disclosure of all pertinent personal health information potentially resulting from the biobank's scientific findings are unlikely to be granted by a Dutch court under Dutch and international law. As the law stands now, a population biobank is neither a doctor nor a personal genomics company. However, in view of the rapid scientific, medical, technological, commercial and social developments, population biobanks must prepare to take more care of their participants' legitimate interest in receiving as much validated personal health information as reasonably possible, in a timely fashion, by developing appropriate translation and disclosure mechanisms. This paper examines whether population biobank participants have the right, under Dutch civil law and international law, to full disclosure, i.e. to all information generated by the biobank that is pertinent to their present and future health. It pioneers the format of a hypothetical court case to elucidate the legal and policy arguments" for and against full disclosure. (shrink)

This book reveals and discusses the foundations of law and justice. Fifteen leading lawyers and philosophers of law, representing thirteen nations and fifteen different philosophical schools examine the value and purpose of law, and the nature and requirements of law and justice. Some of the world's most learned and provocative legal scholars address the ultimate questions of legal and social philosophy from all angles and the broadest possible perspective, with special reference to the work of Mortimer Newlin Stead (...) Sellers, and the republican, liberal, and analytical schools of legal thought. The conclusions reached here are not fully unanimous, congruent or conclusive, but they represent the pinnacle of legal scholarship as it exists today and furnish the necessary basis for any future study of law, justice, or the ultimate requirements of just, effective and legitimate law and society. (shrink)

"This title was first published in 2003.Developments in genetic science are opening up new possibilities for human beings; both the creation and the shaping of human life are now possible in the laboratory. As these techniques develop, questions are increasingly asked about how far everything that is scientifically possible should - morally, legally and socially - be pursued. Whilst much attention and policy-making has focussed on the development of regulation of technologies affecting human reproduction, regulation where plants and animals are (...) concerned is much more limited. In this book, developments in genetics are addressed in the broad sense by an international range of contributors. This includes not only issues such as eugenics and the modification of the human embryo, but also the genetic modification of plants and animals in the pursuit of commerce, agriculture and biomedical research. This book is published in association with the Society for Applied Philosophy"--Provided by publisher. (shrink)

This book is based on Professor Franck's highly acclaimed Hague Academy General Course. In it he offers a compelling view of the future of international legal reasoning and legal theory. The author offers a critical analysis of the prescriptive norms and institutions of modern international law and argues that international law has the capacity to advance, in practice, the abstract social values shared by the community of states and persons. This book is both thought-provoking and original (...) and as such is essential reading for students of international law and legal theory. (shrink)

There is a dilemma at the heart of the moral life, in that we often appeal to the Decalogue as being the basis of a common morality, yet it is impossible to justify these precepts as self-evident. I resolve this dilemma in light of Aquinas’s analysis of the relation between the self-evident precepts of the natural law and the Decalogue. The self-evident precepts (that man should live in society and should know and love God) follow directly from human nature. The (...) precepts of the Decalogue indicate how those goods are to be pursued in the context of just social relations. It is this contextualization in terms of just relations that prevents them from being self-evident and, correspondingly, requires their revelation. Since the commandments act as invitations to pursue the good without the defects of injustice, they are the most manifest condition for achieving the end of human happiness. (shrink)

There is a dilemma at the heart of the moral life, in that we often appeal to the Decalogue as being the basis of a common morality, yet it is impossible to justify these precepts as self-evident. I resolve this dilemma in light of Aquinas’s analysis of the relation between the self-evident precepts of the natural law and the Decalogue. The self-evident precepts (that man should live in society and should know and love God) follow directly from human nature. The (...) precepts of the Decalogue indicate how those goods are to be pursued in the context of just social relations. It is this contextualization in terms of just relations that prevents them from being self-evident and, correspondingly, requires their revelation. Since the commandments act as invitations to pursue the good without the defects of injustice, they are the most manifest condition for achieving the end of human happiness. (shrink)

Effects of globalization have amplified the magnitude and frequency of corporate abuses, particularly in developing economies where weak or absent rules undermine social norms and principles. Improving multinational enterprises’ (MNEs) ethical conduct is a factor of both the ability of firms to change behaviors in the direction of the moral good, and their willingness to do so. Constraints and enablers of a firm’s ability to act ethically emanate from the external environment, including the industry environment of which the firm (...) is a resident, and the host country environment in which it operates. A firm’s willingness to engage in ethical conduct is determined by the effective bundling of internal resources and the commitment of those resources to social ends. The interaction of external and internal conditions carves out categories of expected firm behaviors and suggests interventions that would push these behaviors in a more positive ethical direction. With reference to integrative social contracts theory (ISCT), these categories of firms are examined, and a conceptual model for analysis is developed to explain the drivers of corporate choices in the adoption and implementation of codes of conduct, and the relative power of relevant communities to the process. (shrink)

FOIS is the flagship conference of the International Association for Ontology and its Applications, a non-profit organization which promotes interdisciplinary research and international collaboration at the intersection of philosophical ontology, linguistics, logic, cognitive science, and computer science. This book presents the papers delivered at FOIS 2023, the 13th edition of the Formal Ontology in Information Systems conference. The event was held as a sequentially-hybrid event, face-to-face in Sherbrooke, Canada, from 17 to 20 July 2023, and online from (...) 18 to 20 September 2023. In total, 62 articles from 19 different countries were submitted, out of which 25 were accepted for inclusion in the conference and for publication; corresponding to an acceptance rate of 40 percent. The contributions are separated into the book’s three sections: (1) Foundational ontological issues; (2) Methodological issues around the development, alignment, verification and use of ontologies; and (3) Domain ontologies and ontology-based applications. In these sections, ontological aspects from a wide variety of fields are covered, primarily from various engineering domains including cybersecurity, manufacturing, petroleum engineering, and robotics, but also extending to the humanities, social sciences, medicine, and dentistry. A noticeable trend among the contributions in this edition of the conference is the recognition that improving the tools to analyze, align, and improve ontologies is of paramount importance in continuing to advance the field of formal ontology. The book will be of interest to all formal and applied ontology researchers, and to those who use formal ontologies and information systems as part of their work. (shrink)

In 2001, France became one of the few countries to require corporate social responsibility reporting through its Nouvelles Régulations Économiques #2001-420. However, initial compliance with the statute was low, a factor implying the law lacked normativity. In this exploratory study, we attempt to determine whether there is movement toward normativity by examining the change in CSR disclosure from 2004 in comparison to 2010 for a sample of 81 publicly traded French firms. We measure both the space and the quality (...) of CSR disclosures, including in the latter a measure based on informational quality attributes as discussed by the International Accounting Standards Board, the Financial Accounting Standards Board, and the Global Reporting Initiative. We find significant increases in the space allocated to CSR disclosure, as well as some evidence of increased quality; although the informational quality of the disclosures remains quite low and fewer firms are including negative performance information in their reports. Finally, we document that differences in disclosure space and quality in 2004 appeared to be associated with legitimacy-based variables and that those relations remain largely unchanged in 2010. As such, it appears that the NRE’s goals of increased transparency remain unmet. (shrink)

Economics plays a key role in human rights issues as decision-makers weigh the incentives associated with choosing how to use scarce resources in the context of committing or escaping human rights violence. This textbook provides an introduction to the microeconomic analysis of human rights utilizing economics as a lens through which to examine social topics including capital punishment, violence against women, asylum seeking, terrorism, child abuse, genocide, and hate. Whether analyzing the decisions made in capital punishment cases, the causes (...) and consequences of genocide, or the impact of terrorist acts on domestic and international decision-making, the science of economics provides tools and a systematic method of analysis and policy recommendation. This key text presents a method for integrating the social sciences of economics and human rights to create new opportunities for the investigation of social issues. Within each chapter, readers gain a fundamental understanding of a specific human rights issue, the decision-makers and the decision-making process involved, and the benefits and costs leading to the decisions. Experts on each issue, drawn from a variety of fields, contribute to each chapter and present first-hand accounts and different perspectives on each issue. The detailed analyses and accounts provided also explore the potential incentives involved in the prevention and termination of human rights violations. Aiming to further economic inquiry and enhance interdisciplinary research, this textbook serves as a multi-purpose guide for a range of readers. Students, researchers, and educators, as well as those working in organizations supporting victims of human rights violations and policy-makers facing human rights challenges, will find this book informative and engaging. (shrink)