Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the (...) laws of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

Awareness of boundary, both physical and mental, is seen as the beginning of perception. In any account of the world, therefore, boundary must be a ubiquitous component. In sharp contrast, accounts of God within the Christian tradition commonly have proceeded by the affirmation that God is above and beyond boundary as infinite, timeless, and simple. To overcome this “problem of transcendence,” of how such a God can relate to such a world, an eight-term grammar of boundary is developed to (...) demonstrate how God as Trinity can properly be held to be without boundary yet constitute the ground of a bounded world. This leads to a way of granting theological significance to the origin and development of life. Life is seen to exist in dynamic, intentional relationships between context (“outside”) and intext (“inside”) across permeable boundaries through which an exchange of resources and information takes place for the sake of self-continuation. Comprehending life's distinctive utilization of boundary in terms of the grammar developed here enables life to be seen not only as a vestige of the Trinity but also, precisely because of this, as a sign and parable of redemption. (shrink)

Law's article begins by restating the classical ANT position that objects do not exist `in themselves' but are the effect of a performative stabilization of relational networks. In addition, these material enactments inevitably have a spatial dimension; they simultaneously establish spatial conditions for objectual identity, continuity, and difference. Space must not be reified as a natural, pre-existing container of the social and the material, but is itself a performance. Moreover, there are multiple forms of spatiality beyond the Euclidean space (...) of regions, and objects may exist and achieve homeomorphism within several different spatial systems. Technologies such as the Zimbabwe Bush Pump present a fluid object which is able to exist and cohere without the presence of fixed boundaries or the permanence of a particular functional definition. The network logic, however, which gravitates towards stability and functionality, tends to exclude and silence this spatial Other. An alternative political ontology is needed which goes beyond the reification of network space in order to give voice to the fluid objects which escape its unidimensional functionality. (shrink)

Skeptical theism is a popular - if not universally theistically endorsed - response to the evidential problem of evil. Skeptical theists question how we can be in a position to know God lacks God-justifying reason to allow the evils we observe. In this paper I examine a criticism of skeptical theism: that the skeptical theists skepticism re divine reasons entails that, similarly, we cannot know God lacks God-justifying reason to deceive us about the external world and the past. This in (...) turn seems to supply us with a defeater for all our beliefs regarding the external world and past? Critics argue that either the skeptical theist abandon their skeptical theism, thereby resurrecting the evidential argument from evil, or else they must embrace seemingly absurd skeptical consequences, including skepticism about the external world and past. I look at various skeptical theist responses to this critique and find them all wanting. (shrink)

This short article looks at a move made by some theists in defence of theism: the suggestion is that because the atheist has failed fully to grasp what the theist means by ‘God’ etc. so the atheist's criticisms must miss their target.View HTMLSend article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon (...) account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.MISS THE TARGET: HOW SOME ‘SOPHISTICATED’ THEISTS DODGE ATHEIST CRITICISMVolume 17, Issue 50Stephen LawDOI: https://doi.org/10.1017/S1477175618000167Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. MISS THE TARGET: HOW SOME ‘SOPHISTICATED’ THEISTS DODGE ATHEIST CRITICISMVolume 17, Issue 50Stephen LawDOI: https://doi.org/10.1017/S1477175618000167Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. MISS THE TARGET: HOW SOME ‘SOPHISTICATED’ THEISTS DODGE ATHEIST CRITICISMVolume 17, Issue 50Stephen LawDOI: https://doi.org/10.1017/S1477175618000167Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation. (shrink)

The covering law model of explanation has a staying power not even to be outdone by Lazarus. For at least forty years, writer after writer has tried to put it in its grave for the last time. The most recent efforts come from Nancy Cartwright (1983). Her slant is at once modern and old fashioned. It is modern in that unlike the familiar charge that the covering law model lets in too much, her charge is that it does not let (...) in enough. It is old fashioned in that the soft spot she presses is one recognized by Hempel and Oppenheim in their classical essay. (1948, p. 248).Cartwright challenges the requirement that the sentences constituting the explanans (in particular the law or laws) must be true. (shrink)

Inter‐personal morals should be understood and described in the language of duties, not rights. Rights are self‐centred, duties other‐centred. Whereas duties are primarily a moral construct, rights are primarily a legal construct. There is an important distinction between the language appropriate for inter‐personal morals, and the language appropriate for the morals of the State. The first principle of the morals of the State is that the State holds its power as trustee for the people; otherwise we would face arbitrary and (...) capricious rule. In this setting it is natural and proper to speak of rights—the rights of the citizen beneficiaries against their trustee, the State. However, inter‐personal morals and the morality of the State are inter‐dependent. Without a duty‐based personal morality, the laws which the State makes will tend more and more to be oppressive and contemptuous. And the laws of the State must themselves leave room for personal moral commitment, freely entered into, to flourish. (shrink)

Many people are uncomfortable with the idea that pleasure from certain sources is genuinely beneficial. These sources can be sorted into two classes: ones that involve others’ pain; and ones that involve what seems to be damage rather than benefit to the person involved. Here’s an example of the latter: a woman who claims that she enjoys her work performing in hard-core pornographic films. Some find it hard to take such a claim at face value – they instinctively assume that (...) the woman is insincere or self-deceived.1 The reason seems a strongly paternalistic one: because the activity is assumed to be bad, it’s thought that only someone who was in some way damaged could genuinely like it. A statement from Brian Hill, the director of a documentary about such women, illustrates this: ‘I felt certain that she couldn’t enjoy what she does, that there must be some reason why she’s undergoing this kind of experience. But there was nothing: no messed-up childhood, no sense of pain or humiliation.’ Forced to conclude that the woman in question really does enjoy her work, Hill changes his view to imply that the pleasure gained cannot be truly beneficial: ‘When I hear a young woman talking about doing videos of fisting and asphyxiation, I have to wonder what it’s doing to her – even if she says that she’s having fun.’. (shrink)

This chapter argues that the kind of responsibility that we must have, if the enterprise of criminal law and punishment is to be consistent with the demands of justice, is something much more modest, much less metaphysically ambitious, than the ‘ultimate’ responsibility that Strawson so persuasively denies in Chapter 8. If we are to be clear about the kind of responsibility that is relevant to criminal law, we must first be clear about the criminal law itself — about (...) the kind of enterprise that it is, about the aims that it should serve, about the principles that should structure it, and about the conditions it demands of us. (shrink)

Human beings can be ethically frail under the pressure of situational forces, therefore the constraining force of the law is required. The ethics community need to have the confidence and courage to seek for the best ethical guidelines to become such constraining laws. However laws are themselves only ethical when they informed by a consensus that includes and represents the needs of the parties they are intended to protect, therefore the voice of the volunteer must be heard. Specific examples (...) are adduced to show how the current Clinical Trials Regulations are either insufficient in their scope, or not being fully met. To conclude eight suggestions are given as to how volunteers might be better protected. These include the establishment of an independent funded body to inform and support volunteers, a volunteers charter, greater consultation with volunteers, and a change in ethos involving a more egalitarian partnership between all those involved in the development of new medicines. (shrink)

With a new foreword by Paul Kelly 'I regard Hayek's work as a new opening of the most fundamental debate in the field of political philosophy' - Sir Karl Popper 'This promises to be the crowning work of a scholar who has devoted a lifetime to thinking about society and its values. The entire work must surely amount to an immense contribution to social and legal philosophy' - Philosophical Studies Law, Legislation and Liberty is Hayek's major statement of political (...) philosophy and one of the most ambitious yet subtle defences of a free market society ever written. A robust defence of individual liberty, it is also crucial for understanding Hayek's influential views concerning the role of the state: far from being an innocent bystander, he argues that the state has an important role to play in defending the norms and practices of an ordered and free society. His arguments had a profound influence on the policies of Thatcher in the 1980s and resonate today in visions of the 'Big Society'. First published in three separate volumes, this Routledge Classics edition makes one of his most important books available in a single volume. Essential reading for understanding the background to the recent world economic turmoil and financial crisis, it also foreshadows the subsequent heated debate about regulation and political governance if such disasters are to be avoided in the future. (shrink)

The subject of this thesis is physicalism, understood not as some particular doctrine pertaining narrowly to the philosophy of mind, but rather as a quite general metaphysical claim to the effect that everything is, or is fundamentally, physical. Thus physicalism explicates the thought that in some sense physics is the basic science. The aim of the thesis is to defend a particular brand of physicalism, which I call eliminative type physicalism. It claims, roughly, that every property is a physical property, (...) a property mentioned in the laws of physics, and hence that any putative property not identifiable with a physical property must be eliminated from our ontology. Eliminative type physicalism is apt to face three objections, and so my thesis, like Caesar's Gaul, falls into three parts. In the first, I argue against the idea that there are tenable positions, both physicalist and non-physicalist, alternative to eliminative type physicalism. I argue that each of these positions token physicalism (Fodor, middle Putnam), supervenience physicalism (Lewis, Horgan) and and a non-physicalist view I call pluralism (Goodman, late Putnam) is defective. In the second part, responding to the objection that there is just no reason to be a physicalist, I develop a positive argument for eliminative type physicalism, an argument resting upon a strong version of the explanatory test for reality according to which only explanatorily indispensable properties can justifiably be said to exist. In the third and final part, I argue, against the charge that eliminative type physicalism cannot accommodate what I call phenomenal properties (qualia, raw feels etc.), that there is no good reason to deny, and one good reason to affirm, that phenomenal properties just are physical properties. (shrink)

This paper aims to present how logic may undermine a parliamentary assault on democratic institutions based on the analysis conducted with reference to the so-called Polish constitutional crisis. I analyse whether a law can be reviewed on the basis of this law itself. The Polish Constitutional Tribunal faced such a problem while passing the verdict of 9th March, 2016, regarding the constitutionality of the amendment to the Statute on the Constitutional Tribunal from 22nd December, 2015. This problem, called a ‘verdict (...) paradox’, was claimed to be a type of the Liar paradox. I argue that, contrary to the common view, the problem of the verdict paradox is not based on the Liar paradox; for this purpose, a logical analysis is applied to four variants of a reasoning with regard to the constitutionality of the said amendment. The distinction between two levels of analysis concerning emerging reasonings, namely an abstract level and a concrete level placed in the context of the legal system, is also introduced. This paper demonstrates that although only two variants of the reasoning concerning a law’s judicial review based on the law itself involve logical contradiction, the possibility of employing reasonings from other variants must be excluded, albeit due to alternative reasons. Therefore, the Constitutional Tribunal’s decision to avoid the verdict paradox by passing over the reviewed provisions in the review process was correct and might be perceived as an example of how logic and reason can defend the institutional guarantees of political freedom. (shrink)

After distinguishing different species of Legal Moralism I outline and defend a modest, positive Legal Moralism, according to which we have good reason to criminalize some type of conduct if it constitutes a public wrong. Some of the central elements of the argument will be: the need to remember that the criminal law is a political, not a moral practice, and therefore that in asking what kinds of conduct we have good reason to criminalize, we must begin not with (...) the entire realm of wrongdoing, but with conduct falling within the public realm of our civic life; the need to look at the different processes of criminalization, and to ask what kinds of consideration can properly figure in those processes; the need to attend to the relationship, and the essential differences, between criminal law and other modes of legal regulation. (shrink)

This article examines the various Liar paradoxes and their near kin, Grelling’s paradox and Gödel’s Incompleteness Theorem with its self-referential Gödel sentence. It finds the family of paradoxes to be generated by circular definition–whether of statements, predicates, or sentences–a manoeuvre that generates pseudo-statements afflicted with the Liar syndrome: semantic vacuity, semantic incoherence, and predicative catalepsy. Such statements, e.g., the self-referential Liar statement, are meaningless, and hence fail to say anything, a point that invalidates the reasoning on which (...) the various paradoxes rest. The seeming plausibility of the paradoxes is due to the fact that often the sentence used to make the pseudo-statement is ambiguous in that it may also be used to make a genuine statement about the pseudo-statement. Hence, if a formal system is to avoid ambiguity and consequent paradox and contradiction, it must distinguish between the two statements the sentence may be used to make. Gödel’s Theorem presents a further complication in that the self-reference involved is sentential rather than statemental. Nevertheless, on the intended interpretation of the system as a formalization of arithmetic, the self-referential Gödel sentence can only be an ambiguous statement, one that is both a pseudo-statement and its genuine double. Consequently, the conclusions commonly drawn from Gödel’s theorem must be deemed unwarranted. Arithmetic might well be formalized in a proper system that either excludes circular definition or introduces disambiguators. (shrink)

Some modern thinkers have supposed that “cause” is an outworn notion, or at least that it is one of which modern science has no need. This is due mainly to the discovery that, while the scientist can give us general laws as to what in fact happens, he cannot help us to discern the reason for the laws or the inward nature of the forces on which they depend. He can tell us the “that” but not the “why”; he cannot (...) show us in a single case that the effect follows necessarily a priori from the nature of the cause, that any other effect than the one which actually takes place would be logically impossible. He has studied the law of gravitation, but this law does not enable him to see why material bodies should attract each other in this fashion; it is only a generalized statement of the fact that they do. He knows that certain substances, if absorbed by eating, will nourish and others destroy our tissues; but he cannot say why they should do so. He can no doubt analyse them further and discover that, for example, meat is nourishing because it contains a large proportion of nitrogenous matter, but he could not tell a priori whether this nitrogenous matter would be likely to nourish or to poison us. Only where mathematics can be applied do we see necessity in such a way that any alternative becomes inconceivable to us; but mathematics alone can never establish from a quantity present here and now what quantity there will be at a later time or in another part of space. Mathematics can show, e.g. , that, if there is 2 + 2 here and now, there must be 4 here and now, not that, if there is 2 + 2 here and now, there will be 4 in an hour's time or a mile away; and therefore it cannot be made the sole basis of any causal law whatever. (shrink)

Even if Peirce were well understood and there existed· general agreement among Peirce scholars on what he meant by his semiotics, or philosophy of signs, the undertaking of this book-wliich intends to establish a theoretical foundation for a new approach to understanding the interrelations of law, economics, and politics against referent systems of value-would be a risky venture. But since such general agreement on Peirce's work is lacking, one's sense of adventure in ideas requires further qualification. Indeed, the proverbial nerve (...) for failure must in any case be attendant. If one succeeds, one has introduced for further inquiry the strong possibility that should our social systems of law, economics, and politics---our means of interpersonal transaction as a whole-be understood against the theoretical back ground of a dynamic, "motion-picture" universe that is continually becoming, that is infinitely developing and changing in response to genuinely novel elements that emerge as existents, then the basic concepts of rights, resources, and reality take on new dimensions of meaning in correspondence with n-dimensional, infinite value judgments or truth-like beliefs which one holds. If such a view, as Peirce maintained, were possible and tenable not only for philosophy but as the basis for action and interaction in the world of human experience and practical affairs, one would readily say that risk taking is a small price for the realization of such possibility. (shrink)

DNA identification is being used in ever-widening ways, including databases of greater scope, familial and lowstringency searches, and DNA dragnets. After examining the law enforcement and privacy interests, the article concludes that forensic DNA uses must be consistent with privacy and civil liberties.

Punishment and democracy appear to exacerbate each other’s worst features. The institutions and moral intuitions used to punish those that break the law can hollow out civic participation, distort the electorate, and undermine core democratic values. Likewise, many have argued the decentralized character of democracy is a key, albeit indirect, cause of increasingly punitive public policies that are divorced from any reasonable penological purpose. Given the effects of electoral politics, many have called for the separation, or general insulation, of state (...) punishment from public influence. However, recent empirical work on punitive attitudes and institutional design has begun to chip away at this common sense. This article contextualizes and qualifies the various mechanisms of policy feedback and public opinion formation thought by political theorists to undermine democratic participation in penal institutions and makes a normative case that insulating the public from penal law actively sustains injustice. (shrink)

This article examines the various Liar paradoxes and their near kin, Grelling’s paradox and Gödel’s Incompleteness Theorem with its self-referential Gödel sentence. It finds the family of paradoxes to be generated by circular definition–whether of statements, predicates, or sentences–a manoeuvre that generates the fatal disorders of the Liar syndrome: semantic vacuity, semantic incoherence, and predicative catalepsy. Afflicted statements, such as the self-referential Liar statement, fail to be genuine statements. Hence they say nothing, a point that invalidates the (...) reasoning on which the various paradoxes rest. The seeming plausibility of the paradoxes is due to the fact that the same sentence may be used to make both the pseudo-statement and a genuine statement about the pseudo-statement. Hence, if a formal system is to avoid ambiguity and consequent seeming paradox, it requires some sort of disambiguator to distinguish the two statements. Gödel’s Theorem presents a further complication in that the self-reference involved is sentential rather than statemental. Nevertheless, on the intended interpretation of the system as a formalization of arithmetic, the self-referential Gödel sentence can only be an ambiguous statement, one that is both a pseudo-statement and its genuine double. Consequently, the conclusions commonly drawn from Gödel’s theorem must be deemed unwarranted. Arithmetic might well be formalized in a proper system that either excludes circular definition or introduces disambiguators. (shrink)

Kant and Descartes followed an extreme clever, secure way of reasoning. For them, there must be a world of differences, or of movement, before we can extract anything (ideas, laws, concepts, etc.) from the world. For Kant, these “changes” that secure the possibility of knowledge were the ones we can measure with the categories of space and time. While, for Descartes, since there exist two things: “me” and “the world”, we can say knowledge is possible. But I think we (...) can extract a more abstract, general principle from the similarities between both Descartes and Kant’s mobilist tendency. (shrink)

25 leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have (...) pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world.Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years. (shrink)

In the Laura Ashworth case in 2008, the Human Tissue Authority considered itself bound to overturn a deceased daughter's alleged wish that one of her kidneys should go to her mother, who at the time had end stage kidney failure and was on dialysis. 12 This was so even though Laura's earlier wish to be a living donor would most likely have been authorised, had the formal assessment process begun. The decision provoked much criticism. The recent Department of Health document (...) Requested Allocation of a Deceased Donor Organ, published 29 March 2010, developed by the UK health administrations together with the HTA and NHS Blood and Transplant , which is the main organ allocation body in the UK, seeks to resolve this ethical dilemma by setting out the circumstances in which requests for such deceased donations may be acceptable. 3 The most important conditions appear to be:a. the donation must be unconditional in nature;b. there must be …. (shrink)

This book questions the idea that the boundary between truth and falsity must always be absolute, and thus that there is no possible bridge between the two. The author argues that searching for liminal bridges between opposing claims is an essential part of finding absolute truths.

The purpose of this research is to gain a better understanding of the role of abstraction and idealization in Galileo’s scientific inquiries about the law of inertia, which occupies an important position in the history of science. We argue that although the terms “abstraction” and “idealization” are variously described in the recent literature, the concepts must be adopted to highlight important epistemological problems. In particular, we illustrate the importance of abstraction and idealization for the formation of the law of (...) inertia by establishing a distinction between two types of entities: quasi-ideal entities and idealized entities. These theoretical laws should therefore be justified, using deduction and induction, through quasi-idealized entities based on data from the everyday world. (shrink)

Ethics, communication skills, and the law ('practice skills') are important in all aspects of modern health care. Doctors and nurses must be sensitive to the ethical aspects of their work and understand the legal framework within which clinical decisions are made. Well developed skills of communication, with patients, their relatives and other members of the clinical team, are a key feature of good clinical practice Until recently, the important of practice skills has been relatively neglected in health care education. (...) This situation is changing. The UK General Medical Council, for example, has recently identified three aspects as part of the core of the medical course, and the move to degree courses in nursing has led to an increasing focus of practice skills in nurse education. The Oxford Practice Skills Project (OPSP) team have developed a course, within the University of Oxford Clinical School, which covers the teaching of practice skills in an integrated manner. This course is widely recognized as one of the most systematic developments of education in these areas. This manual describes the OPSP course in detail and provides teaching materials. Although developed initially for medical students, it should be helpful to all those involved in teaching ethics, communication skills, and law in health care. Each Seminar is described in detail Tutors' guides are provided Student handouts are included Contains guidelines for introducing 'practice skills' into a busy clinical curriculum Includes over forty case histories for teaching and examination Gives details of many useful sources and resources Details a variety of teaching methods together with their advantages and disadvantages Provides an ethics teaching toolkit for clinical teachers new to this area Readers are welcome to photocopy any part of this manual for their own teaching. (shrink)

When officials of some political society portray their state as legitimate - and when do they not! - they intend to be laying claim to a large body of rights, the rights in which their state's legitimacy allegedly consists. The rights claimed are minimally those that states must exercise if they are to retain effective control over their territories and populations in a world composed of numerous autonomous states. Often the rights states are trying to claim in asserting their (...) legitimacy go far beyond this minimum. But whether a state's claims are modest or extravagant, the rights claimed invariably fall into three categories. The first category is a set of rights held over or against those persons who fall within the state's claimed legal jurisdiction - what I will call rights over subjects. The second is a set of rights claimed against those persons without the state's jurisdiction - what we can call rights against aliens. And the third category is a set of rights held over a particular geographical territory (whose extent largely determines the scope of the state's jurisdiction) - call these rights over territory. The rights states claim in these three categories jointly define their conception of the sovereignty that they (or their governments or institutions) enjoy, sovereignty that is more extensive (strong, absolute) as the rights asserted in these categories are more numerous and wide-ranging. It is principally on the third of these categories - on the nature and possible moral bases for the claims states make over geographical territories - that I will focus in this essay. The modern state is a territorial entity, and it claims to be legitimately so. Sidgwick was surely correct when he wrote that "it seems essential to the modern conception of a State that its government should exercise supreme dominion over a particular portion of the earth's surface ... Indeed, in modern political thought the connection between a political society and its territory is so close that the two notions almost blend." Common sense seems to view the territoriality of the modern state as natural and unquestionable. That, perhaps, explains why so little has been written, either by contemporary theorists or by the authors of the classics of modern political philosophy, on the moral bases of the modern state's claimed rights over territory. States typically claim not only legal authority over their territories (i.e., that their rights over those territories should be affirmed by international law), but moral authority as well - at the very least insofar as the relevant principles of international law are thought themselves to have moral weight. My concern here, then, will be with the possible moral bases for the kinds of claims made over geographical territories by typical modern states. (shrink)

This paper is a sequel to my 'Theological Misinterpretations of Current Physical Cosmology' (Foundations of Physics [1996], 26 (4); revised in Philo [1998], 1 (1)). There I argued that the Big Bang models of (classical) general relativity theory, as well as the original 1948 versions of the steady state cosmology, are each logically incompatible with the time-honored theological doctrine that perpetual divine creation ('creatio continuans') is required in each of these two theorized worlds. Furthermore, I challenged the perennial theological doctrine (...) that there must be a divine creative cause (as distinct from a transformative one) for the very existence of the world, a ratio essendi. This doctrine is the theistic reply to the question: 'Why is there something, rather than just nothing?' I begin my present paper by arguing against the response by the contemporary Oxford theist Richard Swinburne and by Leibniz to what is, in effect, my counter-question: 'But why should there be just nothing, rather than something?' Their response takes the form of claiming that the a priori probability of there being just nothing, vis-à-vis the existence of alternative states, is maximal, because the non-existence of the world is conceptually the simplest. On the basis of an analysis of the role of simplicity in scientific explanations, I show that this response is multiply flawed, and thus provides no basis for their three contentions that (i) if there is a world at all, then its 'normal', natural, spontaneous state is one of utter nothingness or total non-existence, so that (ii) the very existence of matter, energy and living beings constitutes a deviation from the allegedly 'normal', spontaneous state of 'nothingness', and (iii) that deviation must thus have a suitably potent (external) divine cause. Related defects turn out to vitiate the medieval Kalam Argument for the existence of God, as espoused by William Craig. Next I argue against the contention by such theists as Richard Swinburne and Philip L. Quinn that (i) the specific content of the scientifically most fundamental laws of nature, including the constants they contain, requires supra-scientific explanation, and (ii) a satisfactory explanation is provided by the hypothesis that the God of theism willed them to be exactly what they are. Furthermore, I contend that the theistic teleological gloss on the 'Anthropic Principle' is incoherent and explanatorily unavailing. Finally, I offer an array of considerations against Swinburne's attempt to show, via Bayes's theorem, that the existence of God is more probable than not. (shrink)

How, if at all, consciousness can be part of the physical universe remains a baffling problem. This article outlines a new, developing philosophical theory of how it could do so, and offers a preliminary mathematical formulation of a physical grounding for key aspects of the theory. Because the philosophical side has radical elements, so does the physical-theory side. The philosophical side is radical, first, in proposing that the productivity or dynamism in the universe that many believe to be responsible for (...) its systematic regularities is actually itself a physical constituent of the universe, along with more familiar entities. Indeed, it proposes that instances of dynamism can themselves take part in physical interactions with other entities, this interaction then being “meta-dynamism” (a type of meta-causation). Secondly, the theory is radical, and unique, in arguing that consciousness is necessarily partly constituted of meta-dynamic auto-sensitivity, in other words it must react via meta-dynamism to its own dynamism, and also in conjecturing that some specific form of this sensitivity is sufficient for and indeed constitutive of consciousness. The article proposes a way for physical laws to be modified to accommodate meta-dynamism, via the radical step of including elements that explicitly refer to dynamism itself. Additionally, laws become, explicitly, temporally non-local in referring directly to quantity values holding at times prior to a given instant of application of the law. The approach therefore implicitly brings in considerations about what information determines states. Because of the temporal non-locality, and also because of the deep connections between dynamism and time-flow, the approach also implicitly connects to the topic of entropy insofar as this is related to time. (shrink)

The equal political liberties are among the basic first-principle liberties in John Rawls’s theory of Justice as fairness. Rawls insists, further, that the “fair value” of the political liberties must be guaranteed. Disavowing an interest in fair value is what disqualifies welfare-state capitalism as a possible realizer of Justice as fairness. Yet Rawls never gives a perspicuous statement of the reasoning in the original position for the fair-value guarantee. This article gathers up two distinct strands of Rawls’s argument, and (...) presents it in a straightforward sequence. Justice as fairness is contrasted to a competitor political conception of justice that is just like it but without the fair-value guarantee. A schema of the two-strand argument is presented in the Appendix. (shrink)

We argue that for theorists with a post-institutional conception of property, e.g., Rawlsians, there is no principled reason to limit the domain of distributive justice to tax and transfer-both tax policy and the rules of the private law are constructed in service to distributive aims. Such theorists cannot maintain a commitment to a normative conception of private law independent of their overarching distributive principles. In contrast, theorists with a pre-institutional conception of property can derive the private law from sectors of (...) morality independent of distributive justice. Nevertheless, we argue, this does not entail that the private law, for pre-institutional theorists, must be sanitized of equity-oriented values. Non-libertarian pre-institutional theorists holding principled commitments to equity-oriented values are free to invoke either tax and transfer or the rules of the private law to attain them. Footnotesa We are grateful to John G. Bennett, Harry Dolan, Edward McCaffery, and Ellen Frankel Paul for written comments on a previous draft and to Eric Mack, Fred Miller, Jeffrey Paul, A. John Simmons, and the other contributors to this volume for valuable discussions. (shrink)

This article maintains that it is the constitutional responsibility of the courts, here the courts of the State of Michigan, to engage in judicial policymaking in the process of formulating common law rules. The article is written in response to the views expressed by some Justices of the Michigan Supreme Court that separation of powers concerns should impose significant limits on the power of the courts to establish and develop the common law of Michigan. Specifically, the contention is that policymaking (...) is exclusively the province of the legislature, so that the courts cannot properly formulate common law rules that may have significant social and economic effects. The article strongly disagrees with the proposition that there is any kind of constitutional constraint, either prudential or structural, on the power, and indeed, the constitutional responsibility of the Michigan courts (or the courts of any state) to engage in judicial policymaking in the process of formulating common law rules.The judicial power given to the Michigan courts by the Michigan Constitution includes the power to do what courts have always done in the Anglo-American legal system. The judicial power gives the courts the responsibility to adjudicate controversies between private persons and in the process to develop a common law through the workings of binding precedent and stare decisis. In so doing, the courts may properly take into account considerations of social and economic policy just as the legislature does when it engages in the process of enacting legislation. The difference between what the courts do and what the legislature does is a difference in process, not a difference in substance. Judicial policymaking takes place within the judicial process, that is, in the adjudication of controversies between persons in which the courts promulgate common law rules. The common law develops in a line of growth through the workings of binding precedent and stare decisis, and to the extent that there are limitations on the development of the common law, these are limitations that inhere in the judicial process itself. When the courts, for example, consider whether a new claim or a new defense should be recognized by the common law, they must consider whether that new claim or defense properly follows in the line of growth from existing doctrine and precedent. But if the courts conclude that it does, that is, if the claim or defense is consistent with the line of growth of existing doctrine and precedent, the courts are not constrained from recognizing the claim or defense on the ground that the substance of the claim or defense is a matter for the legislature rather than for the courts or that the resulting common law rule may have significant social and economic effects. The legislature, in contrast, enacts legislation through the legislative process. That process is a freewheeling one, often dependent on political compromise and completely unrestrained by the kind of limitations that inhere the judicial process. There is no legislative concept of line of growth, and the legislature can and often does enact legislation that brings about fundamental societal change or reverses the course of public policy. In our constitutional system, the most important questions of public policy are, of course, determined by the Legislature. Where the legislature disagrees with the policy choices reflected in a common law rule, the legislature has the power to enact legislation changing the common law rule. But there are many areas of private law where the legislature has not acted. In our constitutional system, where the matter in issue is not covered or preempted by legislation, the courts may formulate a common law rule to cover that matter, and in so doing may engage in judicial policymaking. Judicial policymaking is a part of the development of the common law, and the courts cannot avoid their responsibility to engage in judicial policymaking to the extent that it is necessary in the process of formulating the common law. As a constitutional matter, there are no separation of powers considerations that prohibit the courts from engaging in judicial policymaking. This part of the article traces judicial policymaking and the common law back to the seminal writings of Oliver Wendell Holmes, Roscoe Pound and Benjamin Cardozo.The article then discusses at length judicial policymaking and the development of the common law in Michigan. It shows that the clearest history of judicial policymaking in development of the common law is the liability-limiting rules of the late nineteenth century that were promulgated in the wake of the Industrial Revolution to protect the newly-emerging industries. During that time the courts in Michigan and elsewhere grafted on to the general principles of negligence law liability rules such as assumption of risk, contributory negligence, and the fellow servant doctrine, all of which had the effect of denying recovery to workers and other victims of industrial accidents. Beginning in the middle of the twentieth century, however, the Michigan Supreme Court began excising its constitutional power to make changes in the common law, expanding significantly the scope of tort liability in Michigan. Emphasizing that "rules created by the court could be altered by the court," and that the court had a "corrective responsibility when dealing with judge-made law," the Court, in approximately a 30 year period: eliminated the imputed negligence doctrine, under which the driver's negligence was imputed to the passenger in the passenger's suit against a third party; eliminated charitable immunity as a defense to a tort action; held that a wife could maintain at tort action for loss of her husband's consortium; abrogated the defense of assumption of risk, which had been applied outside of the employment area, held that there could be recovery for pre-natal injuries and finally abolished contributory negligence as a complete bar to recovery in favor of a comparative negligence approach. In these cases the Court discussed the relevant policy considerations influencing their decisions with respect to the common law rule at issue. In the last quarter century, the Court continued to take into account policy considerations in developing the common law, but not infrequently there was disagreement on the Court as to where policy considerations should lead, with some Justices arguing that policy considerations supported the imposition of tort liability, while other Justices argued that they did not.The article concludes that it has been demonstrated that in the development of the common law of Michigan, the Michigan Supreme Court has at all times engaged in judicial policymaking. From the liability-limiting rules of the late nineteenth century designed to protect the newly-emerging industries in this state, to the Court's exercise of its power to change the common law in Michigan over a 30 year period by expanding significantly the scope of tort liability in Michigan, to its recognition of new claims, such as a child's right to recover for loss of a parent's consortium caused by a negligent injury, to its imposition of limits on tort recovery, such as the open and obvious doctrine, the Court has invoked considerations of policy in support of its decisions. In these cases, the Court's invocation of policy considerations was sometimes accompanied by substantial disagreement among members of the Court over where policy should lead, but at no time did the Court ever suggest that separation of powers considerations should somehow operate as a kind of restraint on the Court's use of policy in the development of the common law. It is the power and responsibility of the Michigan Courts under the Michigan Constitution to make policy choices in formulating the common law. (shrink)

Cognitive science is, of course, not really a new discipline, but a recognition of a fundamental set of common concerns shared by the disciplines of psychology, computer science, linguistics, economics, epistemology, and the social sciences generally. All of these disciplines are concerned with information processing systems, and all of them are concerned with systems that are adaptive—that are what they are from being ground between the nether millstone of their physiology or hardware, as the case may be, and the upper (...) millstone of a complex environment in which they exist. Systems that are adaptive may equally well be described as “artificial,” for as environments change, they can be expected to change too, as though they were deliberately designed to fit those environments (as indeed they sometimes are).The task of empirical science is to discover and verify invariants in the phenomena under study. The artificiality of information processing systems creates a subtle problem in defining empirical invariants in such systems. For observed regularities are very likely invariant only within a limited range of variation in their environments, and any accurate statement of the laws of such systems must contain reference to their relativity to environmental features. It is a common experience in experimental psychology, for example, to discover that we are studying sociology—the effects of the past histories of our subjects—when we think we are studying physiology—the effects of properties of the human nervous system. Similarly, business cycle economists are only now becoming aware of the extent to which the parameters of the system they are studying are dependent on the experiences of a population with economic events over the previous generation.In artificial sciences, the descriptive and the normative are never far apart. Thus, in economics, the “principle of rationality” is sometimes asserted as a descriptive invariant, sometimes as advice to decision makers. Similarly, in psychology, the processes of adaptation (learning) have always been a central topic, at one time a topic that dominated the whole field of research. Linguistics, too, has suffered its confusions between descriptive and normative attitudes towards its subject. But we must avoid the error, in studying information processing systems, of thinking that the adaptive processes themselves must be invariant; and we must be prepared to face the complexities of regression in the possibility that they themselves may be subject to improvement and adaptation.It might have been necessary a decade ago to argue for the commonality of the information processes that are employed by such disparate systems as computers and human nervous systems. The evidence for that commonality is now overwhelming, and the remaining questions about the boundaries of cognitive science have more to do with whether there also exist nontrivial commonalities with information processing in genetic systems than with whether men and machines both think. (shrink)

The eclectic problem solving methodology used by the British Medical Association is described in this paper. It has grown from the daily need to respond to doctors’ practical queries and incorporates reference to law, traditional professional codes, and established BMA policies—all of which must be regularly assessed against the benchmark of contemporary societal expectations. The two Jehovah’s Witness scenarios are analysed, using this methodology and in both cases the four principles solution is found to concur with that of the (...) BMA’s approach. The author’s overall conclusion is that although the BMA resorts to a lengthier list of thins to consider, the solutions that emerge are often likely to coincide with the four principles approach. (shrink)

There is a major debate as to whether there are non-causal mathematical explanations of physical facts that show how the facts under question arise from a degree of mathematical necessity considered stronger than that of contingent causal laws. We focus on Marc Lange’s account of distinctively mathematical explanations to argue that purported mathematical explanations are essentially causal explanations in disguise and are no different from ordinary applications of mathematics. This is because these explanations work not by appealing to what the (...) world must be like as a matter of mathematical necessity but by appealing to various contingent causal facts. (shrink)

Cognitive science is, of course, not really a new discipline, but a recognition of a fundamental set of common concerns shared by the disciplines of psychology, computer science, linguistics, economics, epistemology, and the social sciences generally. All of these disciplines are concerned with information processing systems, and all of them are concerned with systems that are adaptive—that are what they are from being ground between the nether millstone of their physiology or hardware, as the case may be, and the upper (...) millstone of a complex environment in which they exist. Systems that are adaptive may equally well be described as “artificial,” for as environments change, they can be expected to change too, as though they were deliberately designed to fit those environments (as indeed they sometimes are).The task of empirical science is to discover and verify invariants in the phenomena under study. The artificiality of information processing systems creates a subtle problem in defining empirical invariants in such systems. For observed regularities are very likely invariant only within a limited range of variation in their environments, and any accurate statement of the laws of such systems must contain reference to their relativity to environmental features. It is a common experience in experimental psychology, for example, to discover that we are studying sociology—the effects of the past histories of our subjects—when we think we are studying physiology—the effects of properties of the human nervous system. Similarly, business cycle economists are only now becoming aware of the extent to which the parameters of the system they are studying are dependent on the experiences of a population with economic events over the previous generation.In artificial sciences, the descriptive and the normative are never far apart. Thus, in economics, the “principle of rationality” is sometimes asserted as a descriptive invariant, sometimes as advice to decision makers. Similarly, in psychology, the processes of adaptation (learning) have always been a central topic, at one time a topic that dominated the whole field of research. Linguistics, too, has suffered its confusions between descriptive and normative attitudes towards its subject. But we must avoid the error, in studying information processing systems, of thinking that the adaptive processes themselves must be invariant; and we must be prepared to face the complexities of regression in the possibility that they themselves may be subject to improvement and adaptation.It might have been necessary a decade ago to argue for the commonality of the information processes that are employed by such disparate systems as computers and human nervous systems. The evidence for that commonality is now overwhelming, and the remaining questions about the boundaries of cognitive science have more to do with whether there also exist nontrivial commonalities with information processing in genetic systems than with whether men and machines both think. (shrink)

"Aptavani 5" is the fifth in a series of spiritual books titled "Aptavani". In this series, Gnani Purush (embodiment of Self knowledge) Dada Bhagwan addresses age-old unanswered questions of spiritual seekers. Dadashri offers in-depth answers to questions such as: "What is the meaning of karma?", "How can I master the law of karma?", "Who am I, and who is the 'Doer' (ego definition)?", and "What is prakruti (non-self complex)?"Dadashri also provides spiritual explanation on the topics of: "To attain the Self, (...) must one control the five sense organs?", "How does one define penance?", and "What would be the definition of repentance?For those wondering how to become more spiritual, Dadashri explains that the knowledge of Self is the beginning of true spirituality. With such spiritual development, and from understanding the law of karma, one can learn how to interact peacefully in worldly life. (shrink)

abstract Focusing on the criminal law, I discuss three ways in which analytical philosophers might contribute to the development or health of the law (and of legal theory). The first is as humble under-labourers, who seek only to clarify legal rules and doctrines, but not to criticise them. This modest conception of the role of philosophy, however, proves to be untenable: clarification must become rational reconstruction — an attempt to make rational sense of the law; and rational reconstruction (...) class='Hi'>must involve at least an internal critique, which appraises the law in terms of ends, values or principles that the reconstruction discovers within the law. Such an internal critique must then also point beyond itself, to an external critique that appraises law in terms of the broader and deeper political and moral values by which states should be structured; the paper ends by noting some of the problems that such an external critique faces, and some of the problems that philosophers must face in trying to engage with the world of public policy. (shrink)

If we are to understand the nature of science, we must see it as an activity and achievement of the human mind alongside others, such as the achievements of children in learning to talk and to cope with people and other objects in their environment, and the achievements of non-scientists living in a rich and complex world which constantly poses problems to be solved. Looking at scientific knowledge as one form of human knowledge, scientific understanding as one form of (...) human understanding, scientific investigation as one form of human problem-solving activity, we can begin to see more clearly what science is, and also what kind of mechanism the human mind is. -/- By undermining the slogan that science is the search for laws, and subsidiary slogans such as that quantification is essential, that scientific theories must be empirically refutable, and that the methods of philosophers cannot serve the aims of scientists, I shall try, in what follows, to liberate some scientists from the dogmas indoctrinated in universities and colleges. I shall also try to show philosophers how they can contribute to the scientific study of man, thereby escaping from the barrenness and triviality complained of so often by non-philosophers and philosophy students. -/- A side-effect which will be reported elsewhere, is to undermine some old philosophical distinctions and pour cold water on battles which rage around them -- like the distinction between subjectivity and objectivity, and the battles between empiricists and rationalists. -/- Key idea: A major aim of science is not to discover and explain laws, but to discover what is possible, and how it is possible. -/- This view of science developed further in Sloman (1978) helps to explain the contributions of Theoretical Linguistics, Chemistry, Artificial Intelligence, and Computer Science insofar as they all enrich our understanding of what is possible and how it is possible. -/- Download: http://www.cs.bham.ac.uk/research/projects/cogaff/papers.html#1976-01 . (shrink)

The first is that a miracle, understood as an event produced by a transcendent agent overriding the usual course of nature, involves a violation of the laws of nature. Larmer argues that events are explained by reference to both relevant laws and units of mass/energy in the sequences to be explained. He contends that a miracle need not be conceived as involving a violation of natural law, but rather as the creation or annihilation of mass/energy by a transcendent agent. In (...) reply to the objection that this account would violate the first law of thermo-dynamics, he distinguishes two forms of the principle -- one metaphysical, one scientific -- and aruges that a miracle would not violate the principle considered as a scientific law. The second assumption is that miracle testimony cannot serve as evidence for theism. Larmer demonstrates that the logical ties connecting the concept of miracle to theism need not imply that one must be a theist to evaluate miracle testimony properly. All that is required is that one is prepared to entertain theism as a hypothesis. Attacking these assumptions allows Larmer to show that Humean balance-of-probabilities arguments, based on a presumed conflict between evidence which establishes belief in the laws of nature and evidence in favour of miracles, miss the point if miracles need not be defined as violations of the laws of nature. He argues that, in the absence of a general argument demonstrating that the testimonial evidence in favour of miracles conflicts with the evidence for the laws of nature, it is up to the atheist to demonstrate, on a case-by-case basis, why the testimonial evidence is to be rejected. His conclusion is that, contrary to what is usually thought, the burden of proof lies not upon the shoulders of the theist, but upon the shoulders of the atheist. (shrink)

This paper uses two recentworks as a springboard for discussing theproper contours of intellectual propertyprotection. Professor Lessig devotes much ofThe Future of Ideas to demonstrating howthe expanding scope of intellectual propertyprotection threatens the Internet as aninnovation commons. Similarly, ProfessorLitman''s message in Digital Copyright isthat copyright law is both too complicated andtoo restrictive. Both authors contend that asa result of overprotecting individual rights,creativity is stifled and the vitality of theintellectual commons is in jeopardy. It isdifficult to evaluate the claims and policyprescriptions (...) of these books without someappreciation for the moral foundations ofintellectual property. The utility and labordesert theories remain the two most prominentin the Anglo-American tradition. Afterexploring those theories, we argue for a secureregime of protection based on the Lockeanvision that property rights are justly deservedas a reward for labor that creates value. However, as Locke''s famous proviso implies,even a natural property right is not absoluteand must be balanced by regard for the publicdomain. But a natural right cannot besacrificed simply to advance technologicalinnovation or to achieve marginal social andeconomic gains. While we agree with Lessig andLitman that recent legislation goes too far weconclude the essay by attempting to illustratethat some of their policy recommendations errin the opposite direction by underprotectingvalid property rights. (shrink)

Welfare and the Constitution defends a largely forgotten understanding of the U.S. Constitution: the positive or "welfarist" view of Abraham Lincoln and the Federalist Papers. Sotirios Barber challenges conventional scholarship by arguing that the government has a constitutional duty to pursue the well-being of all the people. He shows that James Madison was right in saying that the "real welfare" of the people must be the "supreme object" of constitutional government. With conceptual rigor set in fluid prose, Barber opposes (...) the shared view of America's Right and Left: that the federal constitutional duties of public officials are limited to respecting negative liberties and maintaining processes of democratic choice. Barber contends that no historical, scientific, moral, or metaethical argument can favor today's negative constitutionalism over Madison's positive understanding. He urges scholars to develop a substantive account of constitutional ends for use in critiquing Supreme Court decisions, the policies of elected officials, and the attitudes of the larger public. He defends the philosophical possibility of such theories while also offering a theory of his own as a starting point for the discussion the book will provoke. This theory holds, for example, that voucher schemes which drain resources from secular public schools to schools that would train citizens to submit to religious authority are unconstitutional; First Amendment issues aside, such schemes defeat what is undeniably an element of the "real welfare" of the people, individually and collectively: the capacity to think critically for oneself. (shrink)

This ambitious and lively book argues for a rehabilitation of the concept of 'human needs' as central to politics and political theory. Contemporary political philosophy has focused on issues of justice and welfare to the exclusion of the important issues of political participation, democratic sovereignty, and the satisfaction of human needs, and this has had a deleterious effect on political practice. Lawrence Hamilton develops a compelling positive conception of human needs: the evaluation of needs must be located within a (...) more general analysis of institutions, but can in turn help to justify forms of coercive authority that are directed toward the transformation of political and social institutions and practices. His argument is animated throughout by provocative and original discussions of topics such as autonomy, recognition, rights, civil society, liberalism and democracy, and will interest a wide range of readers in political and social philosophy, political theory, law, development and policy. (shrink)

The beauty of electricity, or of any other force, is not that the power is mysterious and unexpected, touching every sense at unawares in turn, but that it is under law... Michael Faraday, Wheatstone's Electric Telegraph's Relation to Science (being an argument in favour of the full recognition of Science as a branch of Education), 1854.

While he rejects the paradigmatic method in its historic intent, Mr. Weiss has a good deal to say about "nonassociated man" as a model for the understanding of human association and its aims. It seems fair to say that it is really this paradigmatic element which enables Mr. Weiss to support comments on the inadequacies of the analytic and empirical procedures. If the process of analysis itself gives no clue to the elements to be discovered in analysis, and if the (...) empirical investigation of social life does not provide any key to the distinction between the essential and the irrelevant, then the clue or key must lie in some concept of man. For clearly the "socially habituated ways of acting" from which this dialectical procedure sets out do not themselves provide any infallible guide to what is essential and what is irrelevant, to what is beneficial and what is inimical, in human existence. To know what society, state, culture, and civilization are in essence is to have more than a knowledge of existing social forms themselves. The features of prevailing social patterns cannot alone suggest what is normative or ideal, unless ultimately what is is to be taken for what ought to be. (shrink)

In 2017, Italy passed a law that provides for a systematic discipline on informed consent, advance directives, and advance care planning. It ranges from decisions contextual to clinical necessity through the tool of consent/refusal to decisions anticipating future events through the tools of shared care planning and advance directives. Nothing is said in the law regarding the issue of physician assisted suicide. Following the DJ Fabo case, the Italian Constitutional Court declared the constitutional illegitimacy of article 580 of the criminal (...) code in the part in which it does not exclude the punishment of those who facilitate the suicide when the decision has been freely and autonomously made by a person kept alive by life-support treatments and suffering from an irreversible pathology, the source of physical or psychological suffering that he/she considers intolerable, but fully capable of making free and conscious decisions. Such conditions and methods of execution must be verified by a public structure of the national health service, after consulting the territorially competent ethics committee. This statement admits, within strict and regulated bounds, physician assisted suicide, so widening the range of end-of-life decisions for Italian patients. Future application and critical topics will be called into question by the Italian legislator. (shrink)

The analysis of approaches to understanding of jural facts is accomplished in the article. The definition of right depriving jural facts in civil law is brought. It’s researched the classical for Roman-Germany legal system reasons for deprivation of right of property and the concrete actions or events that deprive such a right are analyzed. All examined facts of property rights deprivation could be classified and arranged into four basic groups: cessation of the property existance (destruction of property), cessation of the (...) owner existance (death of a natural person, liquidation of the legal entity), transaction on alienation (alienation of the property by the owner, requisition), administrative act (abandonement of the property by the owner, foreclosure on the property for the owner obligations, seizure). Such deprivation of property rights as termination of the right to property, which can not belong to the person, and the compulsory acquisition may occur through jural facts like seizure or administrative act. In the case of requisition termination of right takes place directly at the moment the relevant administrative act comes into force. In other words only destruction of property, death of a natural person or legal entity liquidation can be regarded totally as depriving jural facts. All jural facts of right of property deprivation can be grouped but can not be reduced to basic groups. The law model must determine the circumstances under which the model will lead to the desired legal result, otherwise the legal facts were too extensive and could take place even in undesirable cases. In this context these circumstances are conditions of jural fact o occurence. That is why, for example, "termination of the right to property, which can not belong to the person" is only a general name of right-depriving jural fact or even a specific mechanism of depriving the right itself, and therefore includes in its content as well as the actual jural fact and conditions of its occurence. In conclusion all the right-depriving jural facts are divided into unconditional, those which occurence is not associated with additional conditions established by rule of law (death of natural person, destruction of property) and conditional, the result of which is achieved only under certain circumstances (conditions). (shrink)

This article analyzes the use of crowdsourcing to promote corporate sustainability by assessing compliance with supply chain disclosure laws. It draws on a case study of WikiRate.org as a novel example of crowdsourcing compliance with respect to the UK Modern Slavery Act and U.S. conflict minerals legislation (section 1502 of the Dodd-Frank Financial Reform Act). WikiRate is an open research platform whose mission is to crowdsource better companies by motivating corporations to be transparent about their environmental, social, and governance performance. (...) In particular, WikiRate’s projects on modern slavery and conflict minerals harness the power of citizens to evaluate the quality of corporate disclosures produced in accordance with these laws. Following an analysis of its projects on modern slavery and conflict minerals, I evaluate the challenges of using crowdsourcing to assess legal compliance, including the potential manipulation of data and the difficulty of relying on non-expert citizens to assess complex information in corporate disclosures. I argue that one must identify the appropriate “crowd” that would be most capable of assessing compliance with a given law. While crowdsourcing platforms such as WikiRate invite a broad range of stakeholders to assess compliance, the reality is that only a limited set of individuals may be able to meaningfully participate given the complexity of supply chain disclosures. Thus, “expertsourcing” may be a more appropriate tool for assessing compliance with certain laws as it limits participation to citizens with specialized expertise. (shrink)