The perennial question posed by the philosophically-inclined lawyer is 'What is law?' or perhaps 'What is the nature of law?' This book poses an associated, but no less fundamental, question about law which has received much less attention in the legal literature. It is: 'Who is law for?' Whenever people go to law, they are judged for their suitability as legal persons. They are given or refused rights and duties on the basis of ideas about who matters. These ideas are (...) basic to legal-decision making; they form the intellectual and moral underpinning of legal thought. They help to determine whether law is essentially for rational human beings or whether it also speaks to and for human infants, adults with impaired reasoning, the comotose, foetuses and even animals. Are these the right kind of beings to enter legal relationships and so become legal persons. Are they, for example, sufficiently rational, or sacred or simply human? Is law meant for them? This book reveals and evaluates the type of thinking that goes into these fundamental legal and metaphysical determinations about who should be capable of bearing legal rights and duties. It identifies and analyses four influential ways of thinking about law's person, each with its own metaphysical suppositions. One approach derives from rationalist philosophy, a second from religion, a third from evolutionary biology while the fourth is strictly legalistic and so endeavours to eschew metaphysics altogether. The book offers a clear, coherent and critical account of these complex moral and intellectual processes entailed in the making of legal persons. (shrink)

As rational adults, we are free to elect what is (or is not) done to our bodies. However, this strong freedom does not extend to the borders of life. Control over the uses of our biological material is constrained and uncertain at law. Our article examines the legal condition of embryos and organs: how law conceptualises them and regulates their uses.

This is a response to an article published in an earlier issue of this journal, 29–65) in which an article by this author was cited as a prime example of a dangerous emerging 'orthodoxy' in feminist legal theory and subjected to a sustained and critical analysis. The purpose of this response is to reflect briefly on the rhetorical style and the theoretical orientation of that article, and to consider their worrying implications for the practice of feminist legal theory as a (...) whole. (shrink)

Woods's chapter focuses primarily on procedural justice within the international financial institutions. She argues that the procedures adopted by these institutions are central to the debate about global economic justice, and thus it is essential to explore how these bodies make decisions and implement them. Her conclusions suggest that, notwithstanding recent and important reforms, the institutions still suffer from weaknesses in representation and accountability. Unless these bodies attend to these deficiencies, the range and scope of their activities should be circumscribed.

How can governments and peoples better hold to account international economic institutions, such as the WTO, the World Bank, and the IMF? This article proposes an approach based on public accountability, advocating improvements in four areas: constitutional, political, financial, and internal accountability.The argument for more accountability is made with two caveats: more accountability is not always good–it can be distorting and costly; and, enhancing the accountability of international institutions should not justify increasing their jurisdiction for the sake of reducing the (...) role of national governments. Constitutional accountability poses limits on how the institutions expand their activities, requiring the active consent of all members and particularly those most affected by their activities. Political accountability requires that those who make decisions in the organizations are directly answerable to all member governments and not just to the most powerful ones. The institutions' uneven record and structure of financial accountability is addressed through a model of mutual restraint. Finally, the internal accountability should ensure that technical decisions are distinguishable from political decisions. A better matching of the right kinds of accountability to the activities of the organizations would improve both their effectiveness and legitimacy. (shrink)

While the enormous influence of Martin Heidegger's thought in Japan and China is well documented, the influence on him from East-Asian sources is much lesser known. This remarkable study shows that Heidegger drew some of the major themes of his philosophy--on occasion almost word for word--from German translations of Chinese Daoist and Zen Buddhist classics.

There is extensive discussion in current Just War literature about the normative principles which should govern the initiation of war (jus ad bellum) and also the conduct of war (jus in bello), but this is the first book to treat the important and difficult issue of justice after the end of war. Larry May examines the normative principles which should govern post-war practices such as reparations, restitution, reconciliation, retribution, rebuilding, proportionality and the Responsibility to Protect. He discusses the emerging international (...) law literature on transitional justice and the problem of moving from a position of war and possible mass atrocity to a position of peace and reconciliation. He questions the Just War tradition, arguing that contingent pacifism is most in keeping with normative principles after war ends. His discussion is richly illustrated with contemporary examples and will be of interest to students of political and legal philosophy, law and military studies. (shrink)

What the Church teaches and why on issues of euthanasia, invitro fertilization, genetic counseling, assisted suicide, living wills, persistent vegetative state, organ transplants, and more.

Issues concerning patients' rights are at the center of bioethics, but the political basis for these rights has rarely been examined. In Bioethics in a Liberal Society: The Political Framework of Bioethics Decision Making , Thomas May offers a compelling analysis of how the political context of liberal constitutional democracy shapes the rights and obligations of both patients and health care professionals. May focuses on how a key feature of liberal society -- namely, an individual's right to make independent decisions (...) -- has an impact on the most important relational facets of health care, such as patients' autonomy and professionals' rights of conscience. Although a liberal political framework protects individual judgments, May asserts that this right is based on the assumption of an individual's competency to make sound decisions. May uses case studies to examine society's approach to medical decision making when, for reasons ranging from age to severe mental disorder, a person lacks sufficient competency to make independent and fully informed choices. To protect the autonomy of these vulnerable patients, May emphasizes the need for health care ethics committees and ethics consultants to help guide the decision-making process in clinical settings. Bioethics in a Liberal Society is essential reading for all those interested in understanding how bioethics is practiced within our society. (shrink)

I draw on neurobiological evidence to defend the rationalist thesis that moral judgments are essentially dependent on reasoning, not emotions (conceived as distinct from inference). The neuroscience reveals that moral cognition arises from domain-general capacities in the brain for inferring, in particular, the consequences of an agent’s action, the agent’s intent, and the rules or norms relevant to the context. Although these capacities entangle inference and affect, blurring the reason/emotion dichotomy doesn’t preferentially support sentimentalism. The argument requires careful consideration of (...) the empirical evidence (from neuroimaging to psychopathology) and philosophical analysis of the commitments of rationalism versus sentimentalism in ethics. (shrink)

Nietzsche famously attacked traditional morality, and propounded a controversial ethics of 'life-enhancement'. Simon May presents a radically new view of Nietzsche's thought, which is shown to be both revolutionary and conservative, and to have much to offer us today after the demise of old values and the 'death of God'.

This text addresses various topics in applied ethics from Western and non-Western perspectives. Multicultural perspectives are fully integrated throughout the text.

This text brings together a a number of contributions that discuss issues surrounding and informing questions such as: what is the social?; in what ways can we know it?; and how can our findings be validated? Topics discussed include: the relationship of philosophical and research issues to each other; the nature of social reality; properties that may be ascribed to the social; research accounts and rhetorical persuasion; and the relations between gender and knowing. The overall concern of the book is (...) to clarify how and in what ways we can claim to know the social world and what implications and consequences this may have for social scientific practice. (shrink)

This collection of essays brings together the very best philosophical and legal writings on procedural justice over the last half century. The articles are written by experts from legal and philosophical backgrounds and analyze values such as transparency, predictability, and even-handedness in law-making, law-enforcement and adjudication; discuss core concepts in Anglo-American jurisprudence such as equal protection, due process and the rule of law; and deal with the distinctive branch of justice that involves norms and processes of applying law to citizens.

Most advice for sharpening our thinking skills concerns how to avoid bad arguments. But argument is only one of the two basic forms of reasoning. The other is explanation, and it is equally susceptible to abuse. You may already be familiar with certain forms of explanatory malfeasance. One of the best known is circular explanation, in which the stated cause is just a different way of describing the effect. Here I'd like to introduce you to a less appreciated error of (...) explanation. To my knowledge it has no widely accepted name, but I call it ???the convincing explanation??? (shrink)

How democratic progressive politics can happen and how it is happening in very different political arenas.

This is a study of what constituted legality and the role of law in ancient societies. Investigating and comparing legal codes and legal thinking of the ancient societies of Mesopotamia, Egypt, Greece, India, the Roman Republic, the Roman Empire and of the ancient Rabbis, this volume examines how people used law to create stable societies. Starting with Hammurabi's Code, this volume also analyzes the law of the pharaohs and the codes of the ancient rabbis and of the Roman Emperor Justinian. (...) Focusing on the key concepts of justice equity and humaneness, the status of women and slaves, and the idea of criminality and of war and peace; no other book attempts to examine such diverse legal systems and legal thinking from the ancient world. (shrink)

The phenomenon of misplaced gratitude becomes visible from this perspective, where one catches sight of what oppression does to people. Only then can one see that if, for example, a woman is grateful for not being battered by her husband, her gratitude is misplaced because it is based on socially normative beliefs and practices that in themselves undermine the possibility of justice and moral integrity. One finds the problem of misplaced gratitude on the edges of Claudia Card's scathing and brilliant (...) critique of feminist care ethics as a form of slave morality. One of Card's achievements was to sustain a passionate engagement with issues of oppression coupled with close philosophical scrutiny. Care ethics risks including too much—as in the risk of caring for abusers. Misplaced gratitude is also dangerous because of its tendency to bind one to the abuser, and thereby to make one become complicit in one's own abuse. (shrink)

The elections of 1994 are described as a "political earthquake," a "triumph of conservatism" that reflects the continuing "drift to the right" on the part of the American population. The victorious Gingrich army of welltrained, well-funded "conservatives" call for a Contract with America that will finally "get government off our backs" so that we can return to the happy days when the free market reigned. They will restore "family values," ridding us of "the excesses of the welfare state" and the (...) other residues of the failed "big government" policies of New Deal liberalism and Johnson's "Great Society." By dismantling the "nanny state" they will succeed, where the Democrats have failed, to achieve the shared goal of all elite and leadership elements: to "create jobs for Americans" and win security and freedom for the "middle class." And they will take over and successfully lead the crusade to establish the American Dream of free market democracy, worldwide. (shrink)

Andean philosophy of nature or pachasophy results from topography and mode of production that, merged together, have produced an integrated and interacting worldview that blurs the line between culture and nature. Respecting Pacha, or the interconnectedness of life and geography, maintaining complementarity and equilibrium through symbolic interactions, and caring for Pachamama, the feminine presence of Pacha manifested mainly as cultivable soil are the basis of Andean environmental and social ethics. Reciprocity or ayni is the glue that holds everything together. This (...) weaving of traditional beliefs, customs, and ecologi­cal knowledge is rooted in the landscape and has sustained Quechua and Aymara societies during many millennia of knowing, using, and transforming the varied environments of the central Andes of South America. Any environmental ethics that influences people’s lives and promotes respectful and sustainable relationships with nature will be framed by already held worldviews. In Bolivia indigenous intellectuals are drawing on the ancient tradition of Pacha to trace an environmental ethics of pacha qamaña or the harmonious and integral well-being of life, the Earth, and the cosmos, and the ethics of suma qamaña as an all em­bracing ethical framework for the “good life” or “living well.” Although pacha qamaña and suma qamaña are rooted in the Andean mythological worldview, they will interest Western philosophers because the values they promote can be correctives for Western cultural traits that see little more than instrumental value in nature. In this sense, pacha qamaña and suma qamaña contribute to the broader discussion of environmental ethics. (shrink)

An investigation of Frege’s various contributions to the study of language, focusing on three of his most famous doctrines: that concepts are unsaturated, that sentences refer to truth-values, and that sense must be distinguished from reference.

A discussion of the intersections between Aristotle's works: Ethics and Metaphysics. It debates the ways in which - and even the extent to which - the two texts illuminate one another, examine Aristotle's methods and intellectualism and analyse issues of matter, form, potency and art.

Aristotle and Confucius are pivotal figures in world history; nevertheless, Western and Eastern cultures have in modern times largely abandoned the insights of these masters. Remastering Morals provides a book-length scholarly comparison of the ethics of Aristotle and Confucius. May Sim's comparisons offer fresh interpretations of the central teachings of both men. More than a catalog of similarities and differences, her study brings two great traditions into dialog so that each is able to learn from the other. This is essential (...) reading for anyone interested in virtue-oriented ethics. (shrink)