On one view of ethical development, someone not yet virtuous can reliably progress by engaging in what meaningfully resembles virtuous conduct. However, if the well-intended conduct is psychologically demanding, one's character, precisely because one is not yet virtuous, may worsen rather than improve. This risk of degradation casts doubt on the developmental view. I counter the doubt through one interpretation and one application of the Mengzi. In passage 2A2, invoking the image of a farmer who “helped” the crop grow by (...) pulling the sprouts, MENG Ke cautions, “do not help it grow.” I defend a novel interpretation: do not advance with a naïve negligence about your psycho-physiological constitution. I also show how to advance with realistic care by pointing out an overlooked application of a much-discussed cultivation technique illustrated in Mengzi 1A7: ethical reflection can conciliate one with one’s ongoing or past advanced action, lowering the action’s risk of degradation. (shrink)

Governments are increasingly inviting patient organizations to participate in healthcare policymaking. By inviting POs that claim to represent patients, representation comes into being. However, little is known about the circumstances under which governments accept POs as patient representatives. Based on the analysis of relevant legislation, this article investigates the criteria that self-help organizations, a special type of PO, must fulfil in order to be accepted as patient representatives by governments in Austria and Germany. Thereby, it aims to contribute (...) to the discussion on the role of governments in steering SHOs. There are different degrees of regulation. Governments in both countries not only formulate explicit criteria for SHOs with respect to patient representation but also guide SHOs representing patients through implicit criteria for associations. We discuss the findings against concepts of responsiveness, authorization, and accountability. Our findings indicate that governmental steering is not negative per se as indicated by previous research but—depending on legislative criteria—can promote transparency and democratic quality in patient representation. (shrink)

Governments are increasingly inviting patient organizations to participate in healthcare policymaking. By inviting POs that claim to represent patients, representation comes into being. However, little is known about the circumstances under which governments accept POs as patient representatives. Based on the analysis of relevant legislation, this article investigates the criteria that self-help organizations, a special type of PO, must fulfil in order to be accepted as patient representatives by governments in Austria and Germany. Thereby, it aims to contribute (...) to the discussion on the role of governments in steering SHOs. There are different degrees of regulation. Governments in both countries not only formulate explicit criteria for SHOs with respect to patient representation but also guide SHOs representing patients through implicit criteria for associations. We discuss the findings against concepts of responsiveness, authorization, and accountability. Our findings indicate that governmental steering is not negative per se as indicated by previous research but—depending on legislative criteria—can promote transparency and democratic quality in patient representation. (shrink)

Humean accounts of natural lawhood have often been criticized as unable to account for the laws’ characteristic explanatory power in science. Loewer has replied that these criticisms fail to distinguish grounding explanations from scientific explanations. Lange has replied by arguing that grounding explanations and scientific explanations are linked by a transitivity principle, which can be used to argue that Humean accounts of natural law violate the prohibition on self-explanation. Lange’s argument has been sharply criticized by Hicks and van Elswyk, (...) Marshall, and Miller. This paper shows how Lange’s argument can withstand these criticisms once the transitivity principle and the prohibition on self-explanation are properly refined. The transitivity principle should be refined to accommodate contrasts in the explanans and explanandum. The prohibition on self-explanation should be refined so that it precludes a given fact p from helping to explain why some other fact q helps to explain why p. In this way, the transitivity principle avoids having counterintuitive consequences in cases involving macrostates having multiple possible microrealizations. The transitivity principle is perfectly compatible with the irreducibility of macroexplanations to microexplanations and with the diversity of the relations that can underwrite scientific explanations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Self-Knowledge, Friendship, and the Promulgation of the Natural LawScott J. RonigerKnow Thyself.—Inscription on the pronaos of the Temple of Apollo at DelphiChristian, remember your dignity, and now that you share in God's own nature, do not return by sin to your former base condition. Know who is your head and of whose body you are a member. Do not forget that you have been rescued from the power (...) of darkness and brought into the light of the kingdom of God.—Pope St. Leo the GreatIn this essay, I wish to discuss the relationships between self-knowledge, ethics and political life, and our knowledge of the natural law. I hope to show that our knowledge of natural law depends to a large extent on what we take ourselves to be, simply as human beings, and that our knowledge of what it is to be human is foundational for and textured by our social and political life. It is through the lens of these interconnected issues that I will engage Pierre Manent's thoughtful and provocative book, Natural Law and Human Rights: Toward a Recovery of Practical Reason. I will not simply provide an exegesis of Manent's work, which is rich and repays careful reading, nor will I argue directly for or against his fundamental points; rather, I take his work as a springboard to discuss the connection between our knowledge of ourselves, our ethical and political lives, and our knowledge of the natural law. In so doing, I will perhaps confirm and strengthen what I take to be Manent's central thesis. [End Page 287]Manent claims that the project of human rights, with the modern "state" understood as the guarantor of such rights, is inextricably tied to an erroneous understanding of human beings as naturally isolated and apolitical individuals. He shows that this impoverished modern understanding of human nature, and of human rights protected by the state as its offspring, distorts our self-understanding and saps the intelligibility of law, natural or otherwise, as well as the fecundity of human action. According to Manent, and contra Jacques Maritain, modern human rights must be understood as a feeble replacement for, not founded upon, the classical understanding of natural law.1 Further, Manent argues that it is modern political philosophy that generates the modern state as the "sovereign instrument" wielded to protect human rights, with the result that civic and political friendship becomes more difficult as the state becomes more powerful. Modern political philosophy is therefore at the basis of our distorted understanding of ourselves and our inability to engage in the friendships that hold polities together.Before discussing these issues in detail, it will be helpful to say a word about the way in which Manent approaches them and about how my own approach relates to his. Manent says that he is "inside a triangle: politics, philosophy, religion." He claims that he has never been able to devote himself entirely to any one of those three poles and that he finds "a fragile equilibrium, or rather a productive disequilibrium, in this questioning... concerning the very manner in which these three dimensions are articulated throughout Western history."2 Manent's book on natural law and human rights evidences this fecund triangulation of politics, philosophy, and religion. Manent also says that, through his studies, he has come to adopt a "'classic' view of political life, which gives... a better view of the eternal play between the few and the many, beyond the democratic enthusiasm characteristic of modern societies."3 Aristotle, as the political scientist and philosopher par excellence, occupies a prominent place in Manent's classical [End Page 288] view of political life, and the central role of Aristotle's ethics and political philosophy is also on display in Manent's work on natural law, especially in the book's final chapter. Manent's knowledge of modern political philosophy and his Aristotelian view of political life give him a sharp awareness of the differences between ancient and modern approaches to philosophical, ethical, and political questions, an awareness that permeates his previous work on political form and his recent book on natural law.I will concentrate... (shrink)

Firms’ choice of legal regime is not uniform. Despite Delaware’s significant advantages and success in attracting corporations, many firms still choose to incorporate in their home state, and some firms incorporate in a third state, most notably Nevada. Several factors - lawyers’ advice, political influence in the home state, and relative costs of out of state incorporation - were identified as contributing to these patterns. Yet none of these factors neither their combination, fully account for firms’ choices. This Article suggests (...) that unidentified heterogeneity, potentially in managers’ preferences for legal protection, might have contributed to, and could help in explaining, these patterns. Among other factors, this heterogeneity could result, for example, from variations in market forces and, in turn, private benefits that managers extract. Introducing heterogeneity in managers’ preferences, this Article suggests that managers that share a relatively strong preference for insider protection should be less inclined to incorporate in Delaware, and more inclined to incorporate in their home state where they have political clout, or in Nevada if their strong preference for protection is not satisfied in their home state. The analysis is too preliminary for normative implications to be derived, rather the Article suggests that more research into firms’ heterogeneity and their choice of law could prove valuable. (shrink)

Law enforcement poses a difficult work environment. Employees’ wellbeing is uniquely taxed in coping with daily violent, aggressive and hostile encounters. These challenges are compounded for women, because law enforcement remains to be a male-dominated occupational context. Yet, many women in law enforcement display resilience and succeed in maintaining a satisfying career. This study explores the experience of being authentic from a best-self perspective, for women with successful careers in the South African police and traffic law enforcement services. Authenticity (...) research substantiates a clear link between feeling authentic and experiencing psychological wellbeing. The theoretical assumption on which the study is based holds that being authentic relates to a sense of best-self and enables constructive coping and adjustment in a challenging work environment. A qualitative study was conducted on a purposive sample of 12 women, comprising 6 police officers and 6 traffic officers from the Western Cape province in South Africa. Data were gathered through narrative interviews focussing on experiences of best-self and were analysed using interpretive phenomenological analysis. During the interviews, participants predominantly described feeling authentic in response to work-related events of a conflictual and challenging nature. Four themes were constructed from the data to describe authenticity from a best-self perspective for women in the study. These themes denote that the participating women in law enforcement, express feeling authentic when they present with a mature sense of self, feel spiritually congruent and grounded, experience self-actualisation in the work–role and realign to a positive way of being. Women should be empowered towards authenticity in their world of work, by helping them to acquire the best-self characteristics needed for developing authenticity. (shrink)

'Autonomy' is originally a political notion. In this chapter, I argue that the political theory Kant defended while he was writing the _Groundwork_ sheds light on the difficulties that are commonly associated with his account of moral autonomy. I argue that Kant's account of the two-tiered structure of political legislation, in his _Feyerabend Lectures on Natural Law_, parallels his distinction between two levels of moral legislation, and that this helps to explain why Kant could regard the notion of 'autonomy' as (...) apt to express the principle of morality---at least in the mid 1780s. (shrink)

Advance refusals of life-sustaining treatment involve three potentially conflicting interests: those of the patient; those of the doctor; and those of the law. The state's interest in protecting life can clash with the patient's right to self determination which, in turn, can conflict with the doctor's desire to act in the patient's best interests. Against this background, we present the case of a patient who was treated (arguably) contrary to his advance refusal but in accordance with English law.

This article examines Pauline Kleingeld’s “volitional self-contradiction” (VSC) interpretation of Kant’s formula of universal law. It begins in §1 with an outline of Kleingeld’s interpretation and then proceeds in §2 to raise some worries about how the interpretation handles Kant’s egoism example. §3 considers VSC’s handling of the false promise example comparing it in §4 with the Logical/Causal Law (LCL) interpretation, which arguably does better than its VSC competitor in handling this example. §5 deploys the LCL interpretation to consider (...) the related objections that the VSC interpretation is “superfluous” or at least “misguided” as a (formal) criterion of the permissibility of action on a maxim. These objections, it is argued, help reveal two distinct roles for contradictions in Kant’s applications of the formula of universal law – one for delivering moral judgments and one reflective of a formal coherence constraint on all deliberation having psychological significance for agents who contemplate violating duty. Disentangling these helps reveal some of the complexity in the use to which Kant puts the formula of universal law in his sample applications revealing the true significance of what Kleingeld refers to as volitional self-contradiction. In §6 is summary. (shrink)

This paper explores a novel notion of self-explanation that combines ideas from two sources: the tripartite account of explanation, according to which a proposition can help explain another either in the capacity of a reason why the latter obtains or in the capacity of an explanatory link, and the notion of an empty-base explanation, which generalizes the ideas of explanation by zero-grounding and explanation by status. After having introduced these ideas and the novel notion of self-explanation, I (...) argue that the latter has the potential to resist extant arguments against the possibility of self-explanation. In the remainder of the paper, I discuss candidates for such self-explanatory propositions and suggest possible applications for Humeanism about laws of nature, the debate on the grounds of ground, the rationalist tradition, and philosophical theology. (shrink)

Law, broadly defined to include group-directed rulemaking and coercion, has plainly grown over time. There are many explanations for this growth, and the evolution from self-help to law. This Article develops the idea that an important contributor to the growth of law has been the fact that law begets law, and it seeks to combine this new explanation with both traditional and more intuitive explanations for law’s expansion. That law brings on more law in an addictive way means (...) that a society finds itself with laws, rather than personal interactions, in ways that it would have wished to avoid had it known earlier in time that law’s spectacular growth was in the making. The growth of law is thus much more than a product of specialization or wealth effects. For a variety of reasons, people prefer to avoid personal confrontation and to outsource their means of social control. This Article suggests that much of this addictive growth is inefficient and otherwise undesirable. The addiction might be controlled by rewarding some kinds of personal involvement in order to overcome the inclination to outsource. (shrink)

Self-control has gained enormous attention in recent years both in philosophy and the mind sciences, for it has profound implications on so many aspects of human life. Overcoming temptation, improving cognitive functioning, making life-altering decisions, and numerous other challenges all depend upon self-control. But recent developments in the philosophy of mind and in action theory, as well as in psychology, are now testing some of the assumptions about the nature of self-control previously held on purely a priori (...) grounds. New essays in this volume offer fresh insights from a variety of angles: neuroscience; social, cognitive, and developmental psychology; decision theory; and philosophy. While much of the literature on self-control is spread across distinct disciplines and journals, this volume presents for the first time a thorough and truly interdisciplinary exploration of the topic. The essays address four central topics: what self-control is and how it works; temptation and goal pursuit; self-control, morality, and law; and extending self-control. They take up an array of complex and important questions. What is self-control? How is self-control related to willpower? How does inhibitory control work? What are the cultural and developmental origins of beliefs about self-control? How are attempts at self-control hindered or helped by emotions? How do our beliefs about our own ability to deal with temptation influence our behavior? What does the ability to avoid temptation depend on? How should juvenile responsibility be understood, and how should the juvenile justice system be reformed? Can an account of self-control help us understand free will? Combining the most recent scientific research with new frontiers in the philosophy of mind, this volume offers the most definitive guide to self-control to date. (shrink)

This book provides a detailed discussion of the theoretical and practical implications of the change driven by ICTs. Such a change is often much more profound than an emphasis on information technology and society can capture, for not only does it bring about ethical and policy vacuums that call for a new understanding of ethics, politics and law, but it also "re-ontologizes reality", as propounded by Luciano Floridi's philosophy and ethics of information. The informational turn is transforming our understanding of (...) reality by challenging the conventional ways we have of thinking about our world and our identities in terms of stable and enduring structures and beliefs. The information age we inhabit brings to completion our self-understanding as informational systems that produce, process, and exchange information with other informational systems, in an environment that is itself made up of information. The present volume provides us with a better understanding of the normative nature and role of information, helping us to grasp the sense and extent to which informational resources serve as "constraining affordances" guiding our behaviours. It does so by delineating the background against which we build our beliefs about reality, make decisions, and behave, through our interactions with a multi-agent system that is increasingly dependent on ICTs. The book will be of interest to a vast audience, ranging from information technologists, ethicists, policy makers, social and legal scholars, and all those willing to embrace the following three tenets: we construct our world and ourselves informationally; by constructing our world and ourselves we thereby become aware of our limits; it is precisely these limits that make us become human beings. (shrink)

`the state of men without civil society is nothing else but a mere war of all against all.' Thomas Hobbes was the first great philosopher to write in English. His account of the human condition, first developed in The Elements of Law, which comprises Human Nature and De Corpore Politico, is a direct product of the intellectural and political strife of the seventeenth century. It is also a remarkably penetrating look at human nature, and a permanently relevant analysis of the (...) fears of self-seeking that result in the war of `each against every man'. In The Elements of Law Hobbes memorably sets out both the main lines of his general philosophy, later augmented in De Corpore, and the moral and political philosophy later made famous in Leviathan. Copies of Human Nature and De Corpore Politico, until 1889 printed as separate works, are rare antiques or scarcely less rare scholarly texts; this is the first complete popular edition. It is here supplemented by chapters from De Corpore and Three Lives, two from Hobbes's original Latin. These have never before been published together in English. ABOUT THE SERIES: For over 100 years Oxford World's Classics has made available the widest range of literature from around the globe. Each affordable volume reflects Oxford's commitment to scholarship, providing the most accurate text plus a wealth of other valuable features, including expert introductions by leading authorities, helpful notes to clarify the text, up-to-date bibliographies for further study, and much more. (shrink)

At the heart of Kant’s legal-political philosophy lies a liberal, republican ideal of justice understood in terms of private independence (non-domination) and subjection to public laws securing freedom for all citizens as equals. Given this basic commitment of Kant’s, it is puzzling to many that he does not consider democracy a minimal condition on a legitimate state. In addition, many find Kant ideas of reform or improvement of the historical states we have inherited vague and confusing. The aim of this (...) paper is to untangle both puzzles by exploring Kant’s idea of self-governance. I argue that Kant’s idea of self-governance gives us a very good starting point for thinking about how to leave room for a variety of political systems—different ideals—that have grown out of and responding to different contingent historical and cultural circumstances. It also helps us identify those areas where we want to take extra care to build in safeguards to secure stability and to take sufficiently seriously humankind’s truly nasty sides. (shrink)

To varying degrees, many of us think we are “self-made.” Some explicitly state—while others imply—that our accomplishments resulted (almost) entirely from our intelligence, ingenuity, and hard work There is qualified truth in this supposition, even although it is commonly overstated. Others think they are pawns in the chess game of life. However, although some have less control than those more privileged, few are devoid of control. This tandem of judgments is akin to our propensity to make asymmetrical judgments about (...) our actions (and those we like) relative to judgments of those we dislike. We often blame our failures on something other than our ill-advised choices, limited abilities, or lack of persistence. If we receive a poor grade, do not land a desired job or coveted promotion, or are spurned by a potential lover, we often blame another, bad luck, or unfortunate circumstances. We scrounge for ways to excuse or mitigate our responsibility when things turn out badly, while taking credit when actions turn out well. We do not do same for negative traits or actions of those we dislike. The phenomenon I discuss in this paper, however, is more pervasive than blame-deflection or inappropriate pride. Even some who think the notion of the “self-made person” borders on a straw person, also think that we have considerable direct control of our lives. We do not. Although we are not leaves tossed by winds of circumstance, we are shaped by complex causal chains largely beyond our control. After seeing this broadly and in detail, we understand the limits on control and why it is not direct By understanding that and how we are shaped by cultures, governments, businesses, and others, we can isolate levers that help us maximize control we do have. (shrink)

Law abidance is very important for effective leaders. Without law abidance, abuse of power and corruption would easily happen, which would eventually erode organizational health. To promote law abidance leadership in university students in Hong Kong, we developed a law abidance leadership program with 3 h of face-to-face lecture and 7 h of self-study of materials disturbed to students. To understand students’ perception of the 3-h lecture, we conducted a post-lecture evaluation study using a 26-item measure. Results showed that (...) the scale possessed good reliability and validity. Confirmatory factor analyses showed that the assessment tool has three internally consistent and factorial invariant dimensions: program attributes, appreciation of law abidance, and teacher attributes. Regarding students’ perception of the program, students were generally satisfied with the lecture attributes, including design, content, lecture atmosphere, teaching quality, and benefits to students. In particular, students agreed that the lecture helped them understand the importance and value of law abidance and national security; over 95% of the students indicated that they would try their best to serve as law-abiding citizens and socially responsible leaders. Multiple regression analyses showed that program attributes, appreciation of law abidance, and teacher attributes predicted overall satisfaction with the lecture. Qualitative comments of the student echoed the quantitative findings, with most of the comments being positive in nature. The present study replicated the findings reported previously. Local and international contextual factors relevant to the interpretations of the findings are highlighted. (shrink)

There is presently considerable interest in the phenomenon of "self-organisation" in dynamical systems. The rough idea of self-organisation is that a structure appears "by itself in a dynamical system, with reasonably high probability, in a reasonably short time, with no help from a special initial state, or interaction with an external system. What is often missed, however, is that the standard evolutionary account of the origin of multi-cellular life fits this definition, so that higher living organisms are (...) also products of self-organisation. Very few kinds of object can selforganise, and the question of what such objects are like is a suitable mathematical problem. Extending the familiar notion of algorithmic complexity into the context of dynamical systems, we obtain a notion of "dynamical complexity". A simple theorem then shows that only objects of very low dynamical complexity can self organise, so that living organisms must be of low dynamical complexity. On the other hand, symmetry considerations suggest that living organisms are highly complex, relative to the dynamical laws, due to their large size and high degree of irregularity. In particular, it is shown that since dynamical laws operate locally, and do not vary across space and time, they cannot produce any specific large and irregular structure with high probability in a short time. These arguments suggest that standard evolutionary theories of the origin of higher organisms are incomplete. (shrink)

Comparative religion scholar Thomas Berry’s influential concept of “Earth jurisprudence” has been helpfully elaborated in three principal books. My first section identifies four of their common themes, deriving therefrom an implicit narrative: (1) the basis of ecology is autopoiesis, which (2) originally generated human communities and Indigenous vernacular laws, which were (3) later reasserted by forest defenders who fought to create the Magna Carta’s “Charter of the Forest,” which is (4) now championed globally by the Indian physicist and eco-activist Vandana (...) Shiva’s Earth Democracy movement. My next three sections identify mutually exclusive elements of the three books, deriving the following alternative narrative: self-conscious new dancing rituals (Cullinan) could empower an historically informed reconstruction of private property (Burdon) via commons-based vernacular law (Weston and Bollier). And my conclusion offers one template for such a strategy, namely a new environmental variation on my dancing-poetic conception of legal justice, christened “emerald star-law.”. (shrink)

Elected prosecutors have pledged not to enforce abortion laws, in response to state-level abortion bans. For their pledges to be meaningful, prosecutors must exercise their discretion in cases of individuals who face legal risk, including people who help others self-manage their abortions. With a harm-reduction approach to improving abortion access, prosecutors should aim to reduce abortion helpers’ involvement with the criminal justice system.

Contemporary law and public policy often treat human beings as selfish creatures who respond only to punishments and rewards. Yet every day we behave unselfishly--few of us mug the elderly or steal the paper from our neighbor's yard, and many of us go out of our way to help strangers. We nevertheless overlook our own good behavior and fixate on the bad things people do and how we can stop them. In this pathbreaking book, acclaimed law and economics scholar (...) Lynn Stout argues that this focus neglects the crucial role our better impulses could play in society. Rather than lean on the power of greed to shape laws and human behavior, Stout contends that we should rely on the force of conscience. Stout makes the compelling case that conscience is neither a rare nor quirky phenomenon, but a vital force woven into our daily lives. Drawing from social psychology, behavioral economics, and evolutionary biology, Stout demonstrates how social cues--instructions from authorities, ideas about others' selfishness and unselfishness, and beliefs about benefits to others--have a powerful role in triggering unselfish behavior. Stout illustrates how our legal system can use these social cues to craft better laws that encourage more unselfish, ethical behavior in many realms, including politics and business. Stout also shows how our current emphasis on self-interest and incentives may have contributed to the catastrophic political missteps and financial scandals of recent memory by encouraging corrupt and selfish actions, and undermining society's collective moral compass. This book proves that if we care about effective laws and civilized society, the powers of conscience are simply too important for us to ignore. (shrink)

: Kant speaks of our capacity to be “self-determining […] in certain […] laws holding firm a priori”. Here the “laws” refer to the categories of freedom introduced in KpV. The categories of freedom, then, are necessary for self-determination. I first explain how Kant employs the notion of determination in his theoretical philosophy. I then explain how the notion is utilized also in his practical philosophy, particularly in connection to the act of determining the forms of willing that (...) make morality possible. I conclude by answering the question, Why are the categories of freedom necessary for self-determination? Understanding why the categories of freedom are required for self-determination will also help clarify the nature and function of Kant’s categories of freedom, which have puzzled many scholars. (shrink)

Scott Shapiro’s theory that law is a social plan is helpful in seeing law essentially as a tool of human creation and as such is sympathetic to understanding law in terms of the social functions it performs, a method I argue for elsewhere. I focus here on two problems with the theory as presented. The planning theory does not adequately explain the persistence of law beyond the utility of those who implement it. Generally, plans can cease to exist as soon (...) as those engaged in them have no more use for them. Laws however, must usually be declared invalid or otherwise nullified for them to have no further effect. Shapiro’s use of self-certification to explain how law is differentiated from other forms of social planning is ad hoc and threatens circularity when he admits it to be a matter of degree. Both of these issues can be better solved by seeing law as an institutionalised abstract artefact, with a greater emphasis upon the nature of institutions doing much of the work done by the idea of planning. (shrink)

"The development of modern diagnostic neuroimaging techniques led to discoveries about the human brain and mind that helped give rise to the field of neurolaw. This new interdisciplinary field has led to novel directions in analytic jurisprudence and philosophy of law by providing an empirically-informed platform from which scholars have reassessed topics such as mental privacy and self-determination, responsibility and its relationship to mental disorders, and the proper aims of the criminal law. Similarly, the development of neurointervention techniques that (...) promise to deliver new ways of altering people's minds creates opportunities and challenges that raise important and rich conceptual, moral, jurisprudential, and scientific questions. The specific purpose of this volume is to make a contribution to the field of neurolaw by investigating the legal issues raised by the development and use of neurointerventions "--. (shrink)

Summary Background Self-binding directives instruct clinicians to overrule treatment refusal during future severe episodes of illness. These directives are promoted as having potential to increase autonomy for individuals with severe episodic mental illness. Although lived experience is central to their creation, service users’ views on self-binding directives have not been investigated substantially. This study aimed to explore whether reasons for endorsement, ambivalence, or rejection given by service users with bipolar disorder can address concerns regarding self-binding directives, decision-making (...) capacity, and human rights. Methods This study used qualitative data from an internet-based survey distributed to the mailing list of the UK charity Bipolar UK, which contained multiple closed and open questions on advance decision-making in bipolar disorder. Quantitative analysis of a closed question about self-binding directives had already demonstrated endorsement amongst a very high proportion of participants with bipolar disorder who completed the survey. We conducted thematic analysis of responses from those participants who answered a subsequent open question about reasons for their view. Research was co-produced within a multi-disciplinary team, with clinical, legal, and ethical expertise, and lived experience of bipolar disorder. Ideas and methodologies associated with all these areas of expertise were used in the analysis of these reasons and to gain insight into the thoughts of individuals with bipolar disorder about self-binding directives and associated issues. Findings Between Oct 23 and Dec 5, 2017, 932 individuals with a self-reported clinical diagnosis of bipolar disorder completed the internet survey, with 565 (154 men; 400 women; 11 transgender or other) providing free text answers to the open question. A large majority of respondents endorsed self-binding directives, nearly all describing a determinate shift to types of distorted thinking and decision-making when unwell as their key justification. Responses indicating ambivalence were dominated by logistical concerns about the drafting and implementation of self-binding directives, while those who rejected self-binding directives also cited logistical concerns, validity of their thinking when unwell, and potential contravention of human rights. Interpretation This study is, to our knowledge, the first large study of reasons why mental health service users might endorse or reject the use of self-binding directives. The findings provide empirical support for introducing self-binding directives into mental health advance decision-making practice and policy and may help to address enduring ethical concerns surrounding possible implementation of the directive while a person retains decision-making capacity. The opinions expressed here in responses given by multiple service users with bipolar disorder challenge a prominent view within international disability rights debates that involuntary treatment and recognition of impaired mental capacity constitute inherent human rights violations. Funding The Wellcome Trust . (shrink)

Empowerment, an already central concept in public health, has gained additional relevance through the expansion of mobile health (mHealth). Especially direct-to-consumer self-testing app companies mobilise the term to advertise their products, which allow users to self-test for various medical conditions independent of healthcare professionals. This article first demonstrates the absence of empowerment conceptualisations in the context of self-testing apps by engaging with empowerment literature. It then contrasts the service these apps provide with two widely cited empowerment definitions (...) by the WHO, which describe the term as a process that, broadly, leads to knowledge and control of health decisions. We conclude that self-testing apps can only partly empower their users, as they, we argue, do not provide the type of knowledge and control the WHO definitions describe. More importantly, we observe that this shortcoming stems from the fact that in the literature on mHealth and in self-testing marketing, empowerment is understood as a goal rather than a process. This characterises a shift in the meaning of empowerment in the context of self-testing and mHealth, one that reveals a lack of awareness for relational and contextual factors that contribute to empowerment. We argue that returning to a process-understanding of empowerment helps to identify these apps’ deficits, and we conclude the article by briefly suggesting several strategies to increase self-testing apps’ empowerment function. (shrink)

Gambling self-exclusion agreements enable a person to have themselves prevented from gambling for some future period. In light of evidence of their effectiveness in helping problem gamblers manage their addiction, these agreements enjoy growing popularity. In particular, several jurisdictions now oblige gambling operators to offer self-exclusion to their clientele. If self-exclusion has a unique value that is distinct from paternalistic measures, such as forced exclusion, it is surely because it prizes the gambler’s autonomy. In this article, however, (...) I will argue that self-exclusion’s theoretical basis cannot, in fact, be found in a procedural theory of autonomy that only regards agents’ own values and decisions. Rather, I will contend that if agents may bind their future selves in only some ways—for example, by preventing themselves from gambling but not preventing themselves from self-excluding or selling themselves into slavery—it can only be because of a normative, substantive claim. (shrink)

Kant’s moral philosophy is challenged by the so-called “Socratic Paradox”: If free will and pure practical reason are to be identified, as Kant argues, then there seems to be no room for immoral actions that are to be imputed to our individual freedom. The paper argues that Kant’s conception of rationalizing helps us to avoid the Socratic Paradox, and to understand how immoral actions can be imputed to our individual freedom and responsibility. In rationalizing, we misuse our capacity of reason (...) in order to construct the illusion according to which we are not bound to the absolute demand of the moral law, but rather subject to exceptions and excuses. Finally, the paper interprets the three rules of “common sense” in Kant’s Critique of the Power of Judgment in terms of an antidote to rationalizing. (shrink)

I presented an earlier version of this paper to the Law and Philosophy Discussion Group in Los Angeles, whose members I would like to thank for their comments. In addition, I would also like to thank the following people for reading and providing written or verbal commentary on earlier drafts: Robert Mams, Rogers Albritton, G. A. Cohen, David Copp, Matthew Hanser, Craig Ihara, Brian Lee, Marc Lange, Derk Pereboom, Carol Voeller, and the Editors of Philosophy & Public Affairs. I owe (...) special thanks to Timothy Hall and Seana Shiffnn for their insightful and helpful comments. (shrink)

The relationship between sociology and bioethics has been an uneasy one. It has been described as contentious and adversarial, and at least some of the sociologists who have ventured into the territory of medical ethics report back on unfriendly natives. This bioethical ill will toward sociology is not without cause. Sociologists have been quite critical of what they call (with not-so-subtle pejorative overtones) the bioethical project.Two decades ago - when bioethics was just getting up on its organizational feet - Renée (...) Fox and Judith Swazey leveled the charge of cultural myopia against bioethics, noting that this myopia generally manifests itself in the form of systematic inattention to the social and cultural sources and implications of its own thought. They go on to sayifbioethics is an indicator of the general state of American ideas, values, and beliefs, of our collective self knowledge, and our understanding of other societies and cultures - then there is every reason to be worried about who we are, what we have become, and where we are going. (shrink)

A new economic phenomenon, in which physicians refer their patients to ancillary facilities of which they themselves are owners or substantial investors, presents a ‘laboratory’ for assessing philosophers' potential contributions to public policy issues. In this particular controversy, ‘prohibitionists’ who wish to ban all such self-referral focus on the dangers that patients and payers may receive or be billed for unnecessary or poor-quality care. ‘Laissez-fairists’, in contrast, argue that self-referral should be freely permitted, with a reliance on personal (...) ethics and internal professional monitoring to guard against abuse. Undue government regulation, they argue, infringes providers' and patients' economic freedom, and stifles the competition that can yield better quality care at lower prices. As this debate features basic values and large amounts of money, it has been marked by rancorous rhetoric, shallow argument, and muddled reasoning. The philosopher's first contribution, therefore, is to expose simplistic and fallacious arguments, whether empirical, conceptual, moral, or legal. Beyond this, the philosopher can help to identify the important values at stake and, perhaps, to identify resolutions that honor those values better than the more simplistic answers proffered previously. For abusive self-referral, as distinguished from kickbacks, the author recommends that civil remedies be favored over criminal prohibitions. She suggests that the doctrine of ‘bad faith breach of contract’ might appropriately be extended into this new area to provide a powerful means by which aggrieved patients and payers can hold physicians personally accountable for abusive self-referrals. Keywords: bad faith breach of contract, civil law, criminal law, self-referral, simplistic reasoning CiteULike Connotea Del.icio.us What's this? (shrink)

Armed reprisals are the limited use of military force in response to unlawful actions perpetrated against states. Historically, reprisals provided a military remedy for states that had been wronged by another state without having to resort to all-out war in order to counter or deter such wrongful actions. While reprisals are broadly believed to have been outlawed by the UN Charter, states continue to routinely undertake such self-help measures. As part of the roundtable, “The Ethics of Limited Strikes,” (...) this essay examines the doctrine of armed reprisals in light of recent instances of states using force “short of war” in this manner. We argue that the ban on reprisals has been largely ignored by states, and that recent attempts to apply the laws of armed conflict to the cyber domain are further weakening this prohibition. We conclude that this is a potentially dangerous development that lowers the bar for resorting to military force, risking escalation and thereby further destabilizing the international system. (shrink)

Our approach to global bioethics will depend, among other things, on how we answer the questions whether global bioethics is possible and whether it, if it is possible, is desirable. Our approach to global bioethics will also vary depending on whether we believe that the required bioethical deliberation should take as its principal point of departure that which we have in common or that which we have in common and that on which we differ. The aim of this article is (...) to elaborate a theoretical underpinning for a bioethics that acknowledges the diversity of traditions and experiences without leading to relativism. The theoretical underpinning will be elaborated through an exploration of the concepts of sameness, otherness, self and other, and through a discussion of the conditions for understanding and critical reflection. Furthermore, the article discusses whether the principle of respect for the other as both the same and different can function as the normative core of this global bioethics. The article also discusses the New Jersey Death Definition Law and the Japanese Transplantation Law. These laws are helpful in order to highlight possible implications of the principle of respect for the other as both the same and different. Both of these laws open the door to more than one concept of death within one and the same legal system. Both of them relate preference for a particular concept of death to religious and/or cultural beliefs. (shrink)

Philosophers have had trouble defending the common sense view that it is permissible to impose significant cost on an innocent person who is about to harm you to prevent the harm from occurring. In this paper, I argue that such harm can be justified if one pays attention to the moral significance of imposing a cost on others. The constraint against harming people who give rise to cost by their presence or movements is weaker than the constraint against harming bystanders. (...) Moreover, I argue that people who give rise to cost have a duty to take on some of that cost to help protect the person under threat. (shrink)

The enduring progression of artificial intelligence and cybernetics offers an ever-closer possibility of rational and sentient robots. The ethics and morals deriving from this technological prospect have been considered in the philosophy of artificial intelligence, the design of automatons with roboethics and the contemplation of machine ethics through the concept of artificial moral agents. Across these categories, the robotics laws first proposed by Isaac Asimov in the twentieth century remain well-recognised and esteemed due to their specification of preventing human harm, (...) stipulating obedience to humans and incorporating robotic self-protection. However the overwhelming predominance in the study of this field has focussed on human–robot interactions without fully considering the ethical inevitability of future artificial intelligences communicating together and has not addressed the moral nature of robot–robot interactions. A new robotic law is proposed and termed AIonAI or artificial intelligence-on-artificial intelligence. This law tackles the overlooked area where future artificial intelligences will likely interact amongst themselves, potentially leading to exploitation. As such, they would benefit from adopting a universal law of rights to recognise inherent dignity and the inalienable rights of artificial intelligences. Such a consideration can help prevent exploitation and abuse of rational and sentient beings, but would also importantly reflect on our moral code of ethics and the humanity of our civilisation. (shrink)

The relationship between sociology and bioethics has been an uneasy one. It has been described as contentious and adversarial, and at least some of the sociologists who have ventured into the territory of medical ethics report back on unfriendly natives. This bioethical ill will toward sociology is not without cause. Sociologists have been quite critical of what they call (with not-so-subtle pejorative overtones) the bioethical project.Two decades ago - when bioethics was just getting up on its organizational feet - Renée (...) Fox and Judith Swazey leveled the charge of cultural myopia against bioethics, noting that this myopia generally manifests itself in the form of systematic inattention to the social and cultural sources and implications of its own thought. They go on to sayifbioethics is an indicator of the general state of American ideas, values, and beliefs, of our collective self knowledge, and our understanding of other societies and cultures - then there is every reason to be worried about who we are, what we have become, and where we are going. (shrink)

This article describes the racial integration of Emory University and the subsequent creation of Pre-Start, an affirmative action program at Emory Law School from 1966 to 1972. It focuses on the initiative of the Dean of Emory Law School at the time, Ben F. Johnson, Jr.. Johnson played a number of leadership roles throughout his life, including successfully arguing a case before the United States Supreme Court while he was an Assistant Attorney General of Georgia, promoting legislation to create Atlanta (...) 's subway system as a state senator, and representing Emory in its lawsuit to strike down the state statute that would have rescinded its tax exemption if it admitted African American students ). This account supplements my related article on Pre-Start, "'A Bulwark against Anarchy': Affirmative Action, Emory Law School, and Southern Self-Help", providing more information about historical context generally, and particularly about Emory v. Nash. Johnson was ambitious for Emory as a whole, and particularly for the Law School, and he saw in segregation the single largest impediment to making Emory a nationally prominent research university. The story of Emory's integration, and Johnson's leadership, requires revision of the prevailing story of integration generally, and especially of universities. Integration at Emory came about because of the pressure that African Americans and their supporters created through the civil rights movement, but Emory administrators responded to such pressure more constructively than most. Their actions provide an interesting case study in effective leadership during a period of significant moral and political conflict. (shrink)

Speech sounds are an essential vehicle of information exchange and meaning expression in approximately 7,000 spoken languages in the world. What functional constraints and evolutionary mechanisms lie behind linguistic diversity of sound systems is under ongoing debate; in particular, it remains conflicting whether there exists any universal relationship between these constraints despite of diverse sounds systems cross-linguistically. Here, we conducted cross-linguistic typological and phylogenetic analyses to address the characteristics of constraints on linguistic diversity of vowel systems. First, the typological analysis (...) revealed a power-law based dependence between the global structural dispersion and the local focalization of vowel systems and validated that such dependence was independent of geographic region, language family, and linguistic affiliation. Second, the phylogenetic analysis further illustrated that the observed dependence resulted from correlated evolutions of these two structural properties, which proceeded in an adaptive process. These results provide empirical evidence that self-organization mechanisms helped shape vowel systems and common functional constraints took effect on the evolution of vowel systems in the world’s languages. (shrink)

According to a renowned left-libertarian, Michael Otsuka, a libertarian right of self-ownership can be so robust that one need not sacrifice the use of one's mind and body to help others. In this article, I demonstrate that Otsuka's way of reconciling this robust conception of self-ownership with equality is not appealing and, at best, would provide limited guidance in the face of real-life uncertainty.

ABSTRACT The arising of war is almost inevitable within human societies, and IHL seeks to regulate its conduct as far as possible. According to Buddhism, mental defilements are the roots of conflict, so from the viewpoint of Dhamma, awareness of them is imperative if suffering is to be effectively reduced. The aim of this study is to examine the utility of Buddhist teachings in ensuring the humane treatment, without adverse distinctions, of those caught up in war, by the development of (...) self-control, self-discipline and responsibility. The Vepacitti Sutta describes the ideal mental qualities that are required to do this, and we point out the practical implications of those qualities, as explained in the Mahācattārīsaka Sutta. Our argument is that cultivating the mind according to the practical path that we introduce is conducive to self-control, discipline and responsibility during a war with respect to international humanitarian law (IHL), and particularly with respect to non-combatants. (shrink)

The relationship between sociology and bioethics has been an uneasy one. It has been described as contentious and adversarial, and at least some of the sociologists who have ventured into the territory of medical ethics report back on unfriendly natives. This bioethical ill will toward sociology is not without cause. Sociologists have been quite critical of what they call the bioethical project. Two decades ago - when bioethics was just getting up on its organizational feet - Renée Fox and Judith (...) Swazey leveled the charge of cultural myopia against bioethics, noting that this myopia generally manifests itself in the form of systematic inattention to the social and cultural sources and implications of its own thought. They go on to say ifbioethics is an indicator of the general state of American ideas, values, and beliefs, of our collective self knowledge, and our understanding of other societies and cultures - then there is every reason to be worried about who we are, what we have become, and where we are going. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Excited DeliriumThe Self-Fulfilling Prophecy of Police BrutalityKathryn Petrozzo (bio)In their timely and pressing piece, Arjun Byju and Phoebe Friesen explore the contentious diagnosis of excited delirium; a syndrome characterized by erratic, aggressive, and “delusional” behavior (2023). Overwhelmingly, this term is used when individuals come in contact with police and/or first responders. Although much attention has been given to debating whether or not this is a “real” diagnosis, the (...) authors want to shift the focus to examining the work that excited delirium is doing in the world, as well as the underlying beliefs guiding it that are perpetuating substantial harm. Drawing significantly on the work of Ian Hacking (1998, 2006) and Sherene Razack (2015), Byju and Friesen explore what kinds of people are being made up by the label of “excited delirium” and the subsequent dehumanization that perpetuates violence towards those in this grouping.Despite the lack of an agreed upon definition, excited delirium tends to frequently group together young Black men and other marginalized people of color, who have a psychiatric history, and those who have taken or are suspected to have taken drugs (Byju & Friezen, 2023). As this is “observed” when individuals come into contact with law enforcement and/or first responders, those who are presumed to be suffering from excited delirium are typically met with physical restraints (chokeholds, hogties, etc.), forced injections of sedatives, and/or taser guns. The violent reactions are often justified not only by this “diagnosis,” but the employment of racial stereotypes; notably, the notion that Black bodies as being less susceptible to pain. As the authors aptly put it:This kind of symptom language helps make up the novel category of a person who suffers from excited delirium: a crazed and inhumane monster, a golem that must be met with unrelenting and superordinate force, who is fated, regardless of interventions, to die a spontaneous death. This paradox, that those with excited delirium are supposedly both too strong and too weak, is at the core of the illness narrative.(2023)It is evident that this label is reinforcing the combination of two harmful stereotypes: the notion that those suffering from severe mental illness occupy a space that is “less than fully human,” and racist stereotyping of Black bodies “superseding human strength.” This perpetuates total dehumanization of the individual, where it is then justified to invoke brutal tactics, as well as signal [End Page 357] to the greater community this is how individuals with mental illnesses and/or belonging to a particular racial group (chiefly, Black men), should be treated. This is despite the fact that those suffering from mental illnesses are significantly more likely to be victims of violent crimes, Black Americans are 3.2 times more likely to be murdered by police, and convergence of these factors (being Black and living with a mental illness) increases likelihood of such fatal interactions (Schwartz & Jahn 2020; Shadravan, Edwards, & Vinson 2021; Stuart, 2003).Although I am in wholehearted support of their account, I take issue with the authors’ conceptualization of excited delirium as non-falsifiable, as well as the notion that diseases, generally, are falsifiable. In an attempt to further criticize the utilization of excited delirium, Byju and Friesen call upon Karl Popper’s falsifiability criterion as a measure for what constitutes as scientific; arguing that excited delirium is not a legitimate scientific concept as it is impossible to falsify. First, I am not convinced that excited delirium is in principle non-falsifiable; as the way in which it’s conceptualized actually appears to be falsifiable. The authors point out that external factors, such as tasing and violent restraints, are clearly the causal explanation, which should in fact, lead one to reject the hypothesis of an excited delirium diagnosis. However, in practice, those who are seeking to exonerate the police/first responders responsible for these deaths, are not accepting this evidence leading them to reject the excited delirium diagnosis, but rather, are crafting an incorrect causal narrative. This is deeply problematic, but it does not necessarily render excited delirium as non-falsifiable. More broadly, I am concerned with the reliance on the falsifiability criterion, which has been widely criticized in the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Light that Binds: A Study in Thomas Aquinas's Metaphysics of the Natural Law by Stephen BrockAngel Perez-LopezThe Light that Binds: A Study in Thomas Aquinas's Metaphysics of the Natural Law by Stephen Brock (Eugene, OR: Pickwick, 2020), xv + 277 pp.How does the natural law fit the definition of law? Opinions clash among different interpreters of Saint Thomas Aquinas. Stephen Brock's book provides both a magisterial and (...) a definitive answer to this question.Like fine wine, this book has been fermenting and maturing for almost thirty years. Originally a doctoral dissertation, this recently published work has been rewritten, and to a certain extent, reworked by the author with respect to some of its content.Without disregard for nuances, the first chapter introduces the reader to four different groups of Aquinas's interpreters. The first two groups question the full legal character of the natural law in its dependence to the eternal law. The third one questions its naturalness. The fourth group, instead, upholds both the divine origin of the natural law's full legality in its dependence on the eternal law, as well as its natural character.Brock places Dom Odo Lottin, Wolfgang Kluxen, Germain Grisez, and John Finnis in the first group. They maintain that the natural law is a law only in a qualified sense and that it does not entirely fulfill the definition of law. The natural law would provide an intrinsic morality. It should be treated independently from the eternal law. The second group is composed by authors such as Frederick Copleston, Alan Donagan, or Gregory Stevens. Similar to the first group, they argue that the natural law is an autonomous self-standing law, legislated by human reason. Thus, it should be treated independently from the eternal law, except to point out its ultimate origin.The author who exemplifies the third position is Ernest Fortin. Reacting against Finnis, Fortin's position jeopardizes the natural character of the natural law. In his view, the legal force of the first principles of practical reason is not fully actualized until one recognizes the divine institution sanctioning them. [End Page 981]All the authors of the fourth group uphold that the natural law is fully a law on account of its divine origin and that it is also entirely natural insofar as it is naturally known by human reason. Herein Brock places commentators of Saint Thomas such as Francisco Suarez, Dominic Farrell, Lawrence Dewan, and himself. He also includes in this last group other philosophers such as G. E. M. Anscombe and Peter Geach. In the course of his whole study, Brock shows how Aquinas's true position differs from the other members of this group. Special attention is given to the differences between Aquinas's true mind and the interpretations offered by Suarez, Farrell, and, to a certain degree, even by Dewan. In order to better appreciate the depth of this process, I have found it very helpful to read Farrell's The Natural Law According to Aquinas and Suarez in conjunction with Brock's work.The second chapter targets the natural law's legal character in its dependence to the eternal law. It proves that Thomas provides a strict definition of the natural law when he says that it is nothing but a participation of the eternal law in the rational creature. This chapter opens with a historical study concerning the influence of the Summa Fratri Alexandri in the Summa theologiae (ST). Aquinas's understanding of the dependence of the natural law on the eternal law turns out to be more systematic and refined. It is based on a fuller comprehension and development of what law is (the ratio legis).The remainder of the second chapter consists in a superb commentary regarding ST, I-II, q. 91, a. 2, on whether something existing in man is fit to be called a natural law. Promulgation is the element of the definition of law that specifies the different kinds of laws. Hence, the natural law is differentiated from the others by its natural promulgation, namely, by the act through which the order of the eternal law (already instituted by God... (shrink)

One of the issues with introducing animal rights law is whether the problem is quantitative or qualitative, whether it can be achieved by working within existing legal paradigms or whether it requires a new set of paradigms. The answer is fundamental: a quantitative problem can be solved by applying more of the same solutions, while a qualitative problem requires completely different solutions. The qualitative camp can be represented by, say, Professor Gary Francione, demanding not only rights for animals but that (...) they have personhood and are no longer considered “property.” The quantitative approach can be finely represented by Professor David Favre, who has argued for many years that we can make progress by developing existing legal principles to give some rights to some animals, and he does so eloquently in his new book. He is clear in his view that progress is, and can continue to be, made with a series of steps, as he puts it, “climbing the slippery slope toward personhood” (p. viii).His case is supported by looking backward—progress made in establishing the rules governing humans in their relationships with animals—as well as forward to developments that will support continuing improvement in the lives of animals, not least the potential for technology (for example, through cell- and plant-based meat). At the same time, he also rightly rejects the concepts of animal welfare and animal rights being at odds, let alone either of them being a panacea for better lives for animals.One aspect of animal law that Favre believes does need to change is that of property status. As he says, the status of animals as personal property is “critical to the future of animal law” (p. 25). In general, the solutions have been largely binary—that animals simply cannot be property for them to have meaningful rights or that animals can be property and still have rights. The former makes intuitive good sense (and is consistent with the objectives of the human abolitionist movements) but would have enormous effects on economic activity throughout the world. The latter is appealing because it does not change the current paradigm, so can be developed more easily.Favre's premise is that we are moving toward rights for animals, so we need to find a way of integrating animals into the current legal system rather than having to destroy and reconstruct the legal system. His ingenious solution is to propose a fourth category of property, alongside real, personal, and intellectual property: “living property.”Within this category, he envisages using the common law concept of the trust to provide equitable “self-ownership,” where an animal has equitable “ownership” while a human retains legal “ownership.” He then connects this concept to adaptations in other aspects of law that start to recognize the selfhood of animals, creating a platform onto which broader and deeper rights for animals can develop, such as the status of “animalhood” (p. 72) and the corresponding legal right of consideration before decisions are made by the state affecting an animal's fundamental interests (such as continuing to be alive). By putting animals in a separate class—rather than uncomfortably leaving them in personal property—he creates a possible route for animal rights that seems less paradigm-busting than removing them from being property altogether.Drawing on evidence from criminal law, tort law, equity (trusts), property law, and family law, he shows how in many places—with a focus on states in the United States—existing laws are being adapted (“green shoots” p. 81) to recognize that animals are more than personal property, in ways that cannot be explained simply through the growth of regulations. For example, family law is starting to recognize that in the division of matrimonial assets, companion animals cannot be treated simply like any other personal property such as a table or a car based on who paid for them. Because animals are “living property,” the courts should take account of other aspects, such as who cared for the animals and who looked after them. Similarly, the concept of extending trust law so that an animal can be the beneficiary of a trust—in the same way as a human can be but inanimate personal property cannot—shows that the law can understand that companion animals can play a large emotional role in our lives (as well as we in theirs), such that we want to ensure proper care for them after we die.The book raises important issues. First, it is intentionally about domestic animals, with their close links with humans, so the potential for laws to engage is much easier than with, say, farmed animals. The danger with solutions that focus on domestic or charismatic animals (e.g., dogs, chimpanzees, elephants) is that the arguments may be pertinent essentially only to those species and therefore hard to apply to animals of less charismatic species, say in a factory farm (but who are present in much greater numbers and generally badly treated in comparison). He “leaves for another day” (p. 32) the discussion about other animals. Hopefully that day will come, as it would be interesting to see how Favre could extend his concept to animals for whom the public has less affection and less appreciation of their capacities (and for whom the prospect of death is much more real and imminent).Secondly, public support for these ideas about living property may simply not be present. If there is not a sufficient groundswell of support for changing the status of animals, then whether one proposes changing it to not-property or “self-owned” property doesn't matter (if someone doesn't like needles, it doesn't matter whether the needle you propose to use is big or small). This may be too pessimistic, of course (people can be helped to overcome a fear of needles, and one way to start is with small needles). Perhaps the law should start with small changes to recognize at least a few animals—their sentience, their capacities for pleasure and pain, their emotions and preferences, their potential for autonomy—and build public support from there.There is also the underlying and more radical point about whether these ideas—the trust for a beloved companion set up by the human, the divorce settlement that doesn't just give the companion to the party who paid for them—are actually bringing about changes for animals as such or are simply adapting laws to help humans, recognizing human needs, and do not actually change the status of animals. The ends are still humans, and the means are still animals.This is not intended to paint a bleak picture: The more bluntand uncompromising part of the animal rights movement that has been focused on the qualitative problem has hardly been successful at getting animal rights laws passed anywhere in the world, so everything that moves us closer to a better, richer, more thoughtful view of animals will help. Favre's approach has ingenuity, shows good sense, and has the potential to bring about real animal rights. The themes and cases in this book that show how courts and legislatures are becoming more aware of the sentience of at least some animals, as well as proposing a middle path in the debate about animals as property, are important in the journey toward recognition of animal rights. Even more important, they may actually work. (shrink)

Sacrificing one's own interests in order to serve another is, in general, supposed to be a good thing, an example of altruism, the hallmark of morality, and something we should commend to (but not always require of) the entirely-too-selfish human beings of our society. But let me recount a story that I hope will persuade the reader to start questioning this conventional philosophical wisdom. Last year, a friend of mine was talking with me about a mutual acquaintance whose two sons (...) were in the same nursery school as our sons. This woman, whom I will call Terry, had been pregnant with twins, but one of the twins had died during the fourth month of pregnancy, and the other twin had just been born prematurely at six months with a host of medical problems. We were discussing how stressful this woman's life had been while she was pregnant: she was a housewife, and her two boys, aged three and five, were lively, challenging, often unruly--a real handful to raise. Her husband worked long hours in a law firm, so the vast majority of the childcare and household chores fell on her shoulders. "You could see that she was exhausted by end of the first trimester," I maintained, "because her eyes were tired, and her cheeks were sunken--she looked almost like a cadaver." My friend agreed. I went on to blame her exhaustion on the fact that she had to do too much during a pregnancy that anyone would have found difficuIt. "I don't understand her husband," I maintained. "Surely he could how badly she looked. If he had concern for his future children, why didn't he do something to help her so that the pregnancy had a chance of going better? And if he loved her, why didn't he cut down his hours so that he could help out at home? Surely he could see just by looking at her that she was in trouble," My friend said nothing at the time, but after a week she called me, and told me that my criticism of this woman's husband had bothered her all week. "You're wrong about Terry's husband not caring enough about her, They have a good marriage," she insisted, and then she continued: "You know, you're not like us, We accept the fact that we should do most of the childcare and housework.. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

Recent cases involving biosamples taken from indigenous tribes and newborn babies reveal the emptiness of informed consent. This venerable doctrine often functions as a charade, a collective fiction which thinly masks the uncomfortable fact that the subjects of human research are not actually afforded full information regarding the types of research that may be contemplated, nor do they provide meaningful consent. But if informed consent fails to provide adequate protection to the donors of biological materials, why not turn to principles (...) of property law? Property is power, yet current law permits everyone except for those who donate biological materials to possess property rights. The reluctance to invoke property probably stems from fears of resurrecting slavery and the commodification of human beings. But ironically, avoidance of property transforms the subjects of human research into objects that can be owned only by others, resulting in new forms of oppression and exploitation. Human research subjects are autonomous individuals who should not only possess the power to contribute their biological materials, but also the right to help control the course of research, and to share in the resulting benefits or profits. Conferring body property might enable research subjects to regain power and a measure of self-sovereignty. (shrink)

This article offers an account of Kant's conception of the duty of self-love, a rarely researched subject, by investigating how he appropriated Alexander Gottlieb Baumgarten's prior conception. I argue that exploring this appropriation helps us to gain new insights into Kant's conception of duty, a leading thread in Kant's ethics. Substantiating this argument, I derive the following conclusions. First, Kant peculiarly affirms a duty to rational self-love of delight. To be more precise, human beings ought rationally to love (...) themselves in such a way that they are content with—or have a positive feeling about—themselves in acting on maxims that they are pleased to see submitted to the moral law. Further, rational self-love of delight results from declining pathological forms of self-love. Second, Kant retains, to a meaningful extent, Baumgarten's conception of the duty to self-love where feeling and rationality achieve their distinct elevation. (shrink)

This paper argues that throughout his intellectual career, Hobbes remains unsatisfied with his own attempts at proving the invariant advisability of contract-keeping. Not only does he see himself forced to abandon his early idea that contractual obligation is a matter of physical laws. He also develops and retains doubts concerning its theoretical successor, the doctrine that the obligatoriness characteristic of contracts is the interest in self-preservation in alliance with instrumental reason - i.e. prudence. In fact, it is during his (...) work on Leviathan that Hobbes notes the doctrine's main shortcoming, namely the limitation of its dialectical potential to cases in which contract-breakers are publicly identifiable. This essay shows Hobbes's doubts about his Leviathan's treatment of contractual obligation by way of a close reading of its central 15 th chapter and an analysis of some revealing shifts between the English Leviathan and the Latin edition. The paper ends by suggesting that Hobbes's awareness of the flaws at the heart of his political philosophy helps account for some striking changes in his latest writings. (shrink)