The application of semiotics in trade mark law is an interdisciplinary endeavour in its infancy. The author traces its genesis in recent years and situates it within the context of general theoretical approaches, in particular of an interdisciplinary kind, appearing in the trade mark law literature in the past. The purposes for which such theories are applied, and questions of methodology arising from this, are examined. In particular, it is observed that semiotic theory has, by and (...) large, been used for the purpose of debating legal policy in trade mark law (especially in the United States), and that this has given rise to argument about the extent to which semiotic theory can exert any normative force of its own upon the law. This article offers a different perspective. It is sought to demonstrate the usefulness of theoretical semiotics in solving trade mark law questions in practice. The author emphasises that this involves no threat to orthodox legal problem-solving methodology (whatever one may think of the orthodoxy), and in particular does not require the normative use of semiotic theory. Taking as a starting point the concept of ‹trade mark use’, and having regard to trade mark law and literature in Europe, the United States and Australia, the author proceeds to demonstrate the proposed approach by reference to some current problems in trade mark infringement. (shrink)

In this chapter, we investigate the idea of trade marks as property. Three questions need to be answered. The first is a conceptual matter: are trade marks capable of being property or are they ruled out as a matter of conceptual necessity? The second is conceptual-cum-descriptive: is the current law's treatment of trade marks treatment of them as property? The third is normative: if the current law does in fact treat them as property, is it right to (...) do so? The questions need to be tackled in turn. (shrink)

In the last hundred years, the philosophy of natural law has suffered a fate that could hardly have been envisaged by the seventeenth and eighteenth century exponents of its universality and eternity: it has become old-fashioned. The positivists and the Marxists were happy to throw eternal moral ity out of the window, confident that some magic temporal harmony would eventually follow Progress in by the front door. Their hopes may not have been fully realized, but they did succeed in discrediting (...) natural law. What is often not appreciated is the extent to which we have adopted the tenets of the philosophy they despised, borh in the field of politics, and in the field of personal and social ethics, which Barbeyrac called "la science des mreurs" and which the positivists re christened "social science". Consequently, though we live in a world whose freedom, such as it is, is largely a result of the popularization of the philosophy of natural law, and whose conscious and unconscious standards, such as they are, are a result of that philosophy as it became combined with Christianity, the doctrine of natural law is itself for gotten. In view of the oblivion into which it has fallen, natural law is a concept which means little to the average reader. All too often, Montesquieu scholars have traded on this oblivion in order to give an exaggerated picture of his originality. (shrink)

Against expectations that the turn away from state socialism would likewise initiate a turn away from Marxist thought, recent years have seen a resurgence of interest in Marxism and its reassessment by a new generation of theorists. This book pursues that interest with specific reference to international law. It presents a sustained and fascinating exploration of the pertinence of Marxist ideas, concepts and analytical practices for international legal enquiry from a range of angles. Essays consider the relationship between Marxism and (...) critical approaches to international law, the legacy of Soviet international legal theory, the bearing of Marxism for the analysis of international trade law and human rights, and the significance for international legal enquiry of such Marxist concepts as the commodity, praxis and exploitation. (shrink)

Humeans identify the laws of nature with universal generalizations that systematize rather than govern the particular matters of fact. Humeanism is frequently accused of circularity: laws explain their instances, but Humean laws are, in turn, grounded by those instances. Unfortunately, this argument trades on controversial assumptions about grounding and explanation that Humeans routinely reject. However, recently an ostensibly semantic circularity objection has been offered, which seeks to avoid reading such assumptions into the Humean view. This paper argues that the new (...) semantic version tacitly relies on the familiar metaphysical one and, therefore, it ultimately brings nothing new to the table. (shrink)

The goal of this paper was to assess whether, given the opportunity, physicians/researchers would try to profit (by trading stocks) from information that only they were made privy to. The Annual ASCO (American Society of Clinical Oncology) Conference, the largest annual oncology conference, provided the perfect venue to fully explore this question. Up until 2008, ASCO abstracts were released exclusively to ASCO members (i.e., physicians, oncologists) two weeks prior to the conference, and many speculated about unusual trading patterns during these (...) two weeks. In 2008, in response to concerns about such illicit activities, ASCO changed this policy (by distributing these abstracts instead to the general public). We decided to take a closer look at these trading patterns to determine the true impact of ASCO's 2008 decision and whether the differences prior to and following 2008 reveal something about the likelihood of physicians/researchers to profit from “privileged information.”. (shrink)

In this paper, I offer a new solution to the old problem of how best to understand the meaning of the word ‘logos’ in the extant writings of Heraclitus, especially in fragments DK B1, B2 and B50. On the view I defend, Heraclitus was neither using the word in a perfectly ordinary way in these fragments, as some have maintained, nor denoting by it some kind of general principle or law governing change in the cosmos, as many have claimed. Rather, (...) I argue, Heraclitus deliberately traded on the ordinary use of the word in his time (to refer to a written or spoken presentation of things as ‘thus and so’) to denote the world’s constant presentation of itself as ‘thus and so’ to all of us in our experience – a kind of cosmic self-revelation. I show how this captures the sense in which ‘the logos’ is said to be ‘common’ (xunos) and to be the kind of thing most people fail to comprehend even before hearing Heraclitus’ own account, all without detaching Heraclitus’ use of the word from its ordinary contemporary meaning. This interpretation suggests Heraclitus was a thinker more centrally concerned with human (mis)understanding than with speculative cosmology. (shrink)

There is a concern that physicians/researchers are inappropriately profiting from information derived from advance copies of high-impact clinical trial data distributed by medical conferences or journals. Despite these concerns, it has never been systematically evaluated, and little is known about the degree to which it exists. This is largely due to difficulties associated with directly verifying whether or not such activities have taken place and, furthermore, many medical conferences/journals today have taken the necessary actions to guard against this. One medical (...) association in particular, the American Society of Clinical Oncology, only began responding to such concerns several years ago. Their actions during that time serve as a compelling case study, with wide-ranging ramifications, and provide the unique opportunity to delve into this phenomenon.Up until 2008, ASCO selectively and discreetly distributed abstracts from all forthcoming presentations to ASCO members two weeks prior to it becoming publicly accessible during the conference. (shrink)

This edited collection brings together a series of interdisciplinary contributions in the field of Information Technology Law. The topics addressed in this book cover a wide range of theoretical and practical legal issues that have been created by cutting-edge Internet technologies, primarily Big Data, the Internet of Things, and Cloud computing. Consideration is also given to more recent technological breakthroughs that are now used to assist, and - at times - substitute for, human work, such as automation, robots, sensors, and (...) algorithms. The chapters presented in this edition address these issues from the perspective of different legal backgrounds. The first part of the book discusses some of the shortcomings that have prompted legislators to carry out reforms with regard to privacy, data protection, and data security. Notably, some of the complexities and salient points with regard to the new European General Data Protection Regulation (EU GDPR) and the new amendments to the Japan's Personal Information Protection Act (PIPA) have been scrutinized. The second part looks at the vital role of Internet intermediaries (or brokers) for the proper functioning of the globalized electronic market and innovation technologies in general. The third part examines an electronic approach to evidence with an evaluation of how these technologies affect civil and criminal investigations. The authors also explore issues that have emerged in e-commerce, such as Bitcoin and its blockchain network effects. The book aims to explain, systemize and solve some of the lingering legal questions created by the disruptive technological change that characterizes the early twenty-first century. (shrink)

Artificial intelligence and related technologies are changing both the law and the legal profession. In particular, technological advances in fields ranging from machine learning to more advanced robots, including sensors, virtual realities, algorithms, bots, drones, self-driving cars, and more sophisticated "human-like" robots are creating new and previously unimagined challenges for regulators. These advances also give rise to new opportunities for legal professionals to make efficiency gains in the delivery of legal services. With the exponential growth of such technologies, radical disruption (...) seems likely to accelerate in the near future. This collection brings together a series of contributions by leading scholars in the newly emerging field of artificial intelligence, robotics, and the law. The aim of the book is to enrich legal debates on the social meaning and impact of this type of technology. The distinctive feature of the contributions presented in this edition is that they address the impact of these technological developments in a number of different fields of law and from the perspective of diverse jurisdictions. Moreover, the authors utilize insights from multiple related disciplines, in particular social theory and philosophy, in order to better understand and address the legal challenges created by AI. Therefore, the book will contribute to interdisciplinary debates on disruptive new AI technologies and the law. (shrink)

Recent developments in the health care industry have precipitated a new wave of interest in expanding the scope of practice for nursing. This is because the Patient Protection and Affordable Care Act, broadly designed to increase access to health insurance, will inevitably result in increased demand for primary care providers. And with compensation for primary care physicians already lagging far behind that of specialists, the role of nurse practitioners is once again receiving increased attention as a viable means by which (...) to ease the pressure for access to health care.But the economics of this trade-off are controversial. On one hand, it sets primary care physicians at odds with specialists; namely, if the ultimate goal is to “bend the cost curve downward,” should specialist compensation be reduced in order to increase spending on primary care? (shrink)

Despite a consensus across the political spectrum that the problem of the chronically uninsured is in dire need of solution, little progress has been made. Public spending goes to topping up coverage for the elderly, already heavily subsidized under Medicare, or helping people temporarily without insurance because of international trade dislocations, so that it is clear that something is lacking in the case for significantly reducing the number of uninsured persons. In this paper I suggest that there have been (...) two missing ingredients: a strategy for breaking the political deadlock around this issue, and information about the benefits of coverage sufficient to persuade kindly but skeptical taxpayers that they should be willing to pay to help solve this problem. (shrink)

Despite a consensus across the political spectrum that the problem of the chronically uninsured is in dire need of solution, little progress has heen made. Public spending goes to topping up coverage for the elderly, already heavily subsidized under Medicare, or helping people temporarily without insurance because of international trade dislocations, so that it is clear that something is lacking in the case for significantly reducing the number of uninsured persons. In this paper I suggest that there have been (...) two missing ingredients: a strategy for breaking the political deadlock around this issue, and information about the benefits of coverage sufficient to persuade kindly but skeptical taxpayers that they should be willing to pay to help solve this problem.This article begins with a discussion of these two problems. It then outlines a strategy based on income-related or conditioned refundable tax credits for private and public insurance, coupled with a plan to assemble persuasive information that may move things forward. (shrink)

Data sharing – broadly defined as the exchange of health-related data among multiple controllers and processors – has gained increased relevance in the health sciences over recent years as the need and demand for collaboration has increased. This includes data obtained through healthcare provisions, clinical trials, observational studies, public health surveillance programs, and other data collection methods. The practice of data sharing presents several notable challenges, however. Compliance with a complex and dynamic regulatory framework is essential, with the General Data (...) Protection Regulation being a prominent example in a European context. Recent regulatory developments related to clinical trial transparency, trade secrecy, data access, AI training data, and health data spaces further contribute to the difficulties. Simultaneously, government initiatives often encourage scientists to embrace principles of “open data” and “open innovation.” The variety of regulations in this domain has the potential to impede widespread data sharing and hinder innovation. This edited volume, therefore, compiles comparative case studies authored by leading scholars from diverse disciplines and jurisdictions. The book aims to outline the legal complexities of data sharing. By examining real-world scenarios from diverse disciplines and a global perspective, it explores the normative, policy, and ethical dilemmas that surround data sharing in the health sciences today. Chapter Patient Perspectives on Data Sharing, Chapter Supplementary Measures and Appropriate Safeguards for International Transfers of Health Data after Schrems II are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com. (shrink)

There is a broad consensus amongst law firms and in-house legal departments that next generation "Legal Tech" - particularly in the form of Blockchain-based technologies and Smart Contracts - will have a profound impact on the future operations of all legal service providers. Legal Tech startups are already revolutionizing the legal industry by increasing the speed and efficiency of traditional legal services or replacing them altogether with new technologies. This on-going process of disruption within the legal profession offers significant opportunities (...) for all business. However, it also poses a number of challenges for practitioners, trade associations, technology vendors, and regulators who often struggle to keep up with the technologies, resulting in a widening regulatory "gap." Many uncertainties remain regarding the scope, direction, and effects of these new technologies and their integration with existing practices and legacy systems. Adding to the challenges is the growing need for easy-to-use contracting solutions, on the one hand, and for protecting the users of such solutions, on the other. To respond to the challenges and to provide better legal communications, systems, and services Legal Tech scholars and practitioners have found allies in the emerging field of Legal Design. This collection brings together leading scholars and practitioners working on these issues from diverse jurisdictions. The aim is to introduce Blockchain and Smart Contract technologies, and to examine their on-going impact on the legal profession, business and regulators. (shrink)

Antimicrobial resistance (AMR) is an urgent threat to global public health and development. Mitigating this threat requires substantial short-term action on key AMR priorities. While international legal agreements are the strongest mechanism for ensuring collaboration among countries, negotiating new international agreements can be a slow process. In the second article in this special issue, we consider whether harnessing existing international legal agreements offers an opportunity to increase collective action on AMR goals in the short-term. We highlight ten AMR priorities and (...) several strategies for achieving these goals using existing “legal hooks” that draw on elements of international environmental, trade and health laws governing related matters that could be used as they exist or revised to include AMR. We also consider the institutional mandates of international authorities to highlight areas where additional steps could be taken on AMR without constitutional changes. Overall, we identify 37 possible mechanisms to strengthen AMR governance using the International Health Regulations, the Agreement on the Application of Sanitary and Phytosanitary Measures, the Agreement on Trade-Related Aspects of Intellectual Property Rights, the Agreement on Technical Barriers to Trade, the International Convention on the Harmonized Commodity Description and Coding System, and the Basel, Rotterdam, and Stockholm conventions. Although we identify many shorter-term opportunities for addressing AMR using existing legal hooks, none of these options are capable of comprehensively addressing all global governance challenges related to AMR, such that they should be pursued simultaneously with longer-term approaches including a dedicated international legal agreement on AMR. (shrink)

For decisions between many alternatives, the benchmark result is Hick's Law: that response time increases log-linearly with the number of choice alternatives. Even when Hick's Law is observed for response times, divergent results have been observed for error rates—sometimes error rates increase with the number of choice alternatives, and sometimes they are constant. We provide evidence from two experiments that error rates are mostly independent of the number of choice alternatives, unless context effects induce participants to trade speed for (...) accuracy across conditions. Error rate data have previously been used to discriminate between competing theoretical accounts of Hick's Law, and our results question the validity of those conclusions. We show that a previously dismissed optimal observer model might provide a parsimonious account of both response time and error rate data. The model suggests that people approximate Bayesian inference in multi-alternative choice, except for some perceptual limitations. (shrink)

As a step towards a systematic comparative evaluation of the fairness of different language policies, a rationale is presented for the design of an index of linguistic justice based on public policy analysis. The approach taken is to define a ‘minimum threshold of linguistic justice’ with respect to government language policy in three domains: law and order, public administration, and essential services. A hypothetical situation of pure equality and freedom in the choice of language used by all members of society (...) in communicating with the state is used as a theoretical benchmark to study the distributive effects of policy alternatives. Departures from this standard incur lower scores. Indicators are chosen to assess effective access to three kinds of language rights: toleration (the lack of state interference in private language choices), accommodation (accessibility of public services in different languages), and compensation (symbolic and practical recognition of languages outside the dominant one). In order to take account of the cost-benefit trade-offs involved in providing language-related goods to language groups of varying sizes, a method is adopted for weighting scores with respect to compensation rights so that lack of recognition for larger groups incurs greater penalties, while factoring in the particular characteristics of each language-related good. A trial set of ten indicators illustrates the compromises entailed in balancing theoretical rigour with empirical feasibility. (shrink)

Biomedical Science Law & Practice is a practical strategic guide to the management of legal risks in biomedical science transactions, and commercialization of innovation and technology through strategic intellectual property licensing. This book provides a concise introduction to strategic legal risk management issues and strategic value creation in the entire biomedical science value chain, including legal liability issues from R&D, clinical trials, production of devices and market roll-out, protection of innovation through intellectual property (patents, copyrights, trade marks and (...) class='Hi'>trade secrets); and commercialization of biomedical science innovation through strategic licensing and technology transfer, including unique licensing arrangements relating to genome. Checklists, sample agreements and biomedical patents and real life and hypothetical case studies used in the book facilitate learning at the operational or technical level of execution. (shrink)

Taming the power of Wall Street was a principal campaign theme for Franklin Delano Roosevelt in the 1932 election. Roosevelt's election bore fruit in the Securities Act of 1933, which regulated the public offering of securities, the Securities Exchange Act of 1934, which regulated stock markets and the securities traded in those markets, and the Public Utility Holding Company Act of 1935 (PUHCA), which legislated a wholesale reorganization of the utility industry. The reform effort was spearheaded by the newly created (...) Securities and Exchange Commission, part of the new wave of experts brought to Washington to rein in business. PUHCA also marked the federal government's first significant incursion into corporate governance, with a corresponding reduction in the traditional role of investment bankers. The SEC's ascendance over the investment bankers was reinforced during FDR's second term by the Chandler Act of 1938, which provided the agency with a broad role in the bankruptcy reorganization of troubled companies.Enacting those statutes was only the beginning, as the scope and effectiveness of the SEC's regulatory efforts depended critically on navigating these new statutes past an initially hostile Supreme Court. After substantial delay in the lower courts, the securities statutes eventually got a friendly hearing in the Supreme Court, where a number of Justices came to the Court after serving as the "Founding Fathers" of the federal securities laws. Roosevelt's Supreme Court nominees were involved in drafting the new legislation, securing its passage in Congress and implementing a litigation strategy that successfully stalled final determination of the constitutionality of the securities laws until New Deal appointed justices were in place. Felix Frankfurter played an important role in shaping the Securities Act and PUHCA, and was a key advisor on litigation strategy to the Roosevelt administration. Hugo Black led the legislative battle to enact PUHCA against the utility companies. Stanley Reed and Robert Jackson were key courtroom advocates arguing PUHCA's constitutionality. William O. Douglas headed the study of Protective Committees that led to the Chandler Act and was Chairman of the SEC. In this article, we explore the role of the New Deal justices in enacting the securities laws, litigating the challenges brought against them and then interpreting these laws in securities cases before the Supreme Court. We show the important role that these New Deal justices played in ensuring a broad scope for the federal securities laws through generous interpretation. Once constitutional questions had faded, securities cases proved to be a critical testing ground for newly emerging theories of administrative law. We demonstrate the split over the importance of judicial review versus deference to the rule of experts that emerged among these Roosevelt appointees. Finally, we explore the relative lack of influence of Douglas and Frankfurter in these cases, despite their familiarity and experience with the securities laws. (shrink)

Brand names constitute a form of value for commercial products, because they suppose a savings of search costs for the consumer. The law, as a consequence, has the obligation to protect brand names. But the number of attractive brand names is not infinite and sometimes companies seek brand names which are reminiscent of others. In this article a conflict between two companies for the distinctiveness of two brand names is addressed: one Spanish company used the English common noun doughnut for (...) a product similar to the American pastry, while the other company had already registered donut as a brand name, in addition to its variants. This second company sued the first on the grounds that the names were not distinctive. Here we offer the arguments presented to the judge in defense of the distinctiveness of doughnut and the judgment. (shrink)

This dissertation offers an interpretation of David Hume's political and economic theory that challenges an accepted view this theory. According to this accepted view, Hume offers no positive criteria that maybe used to criticize existing institutions. Against this view, it is argued that Hume thinks that the best society will be one that promotes three distinct human ends---ends he calls industry, knowledge, and humanity. These are, respectively, the active pursuit of intellectual or sensual gratification, the cultivation of the arts and (...) sciences, and the active pursuit of what is good for humankind overall. Hume thinks that the society that promotes these ends will be one marked by what he calls sociability and the spirit of refinement. In such a society, people interact freely and openly with one another, and learning and the arts are widely cultivated. ;The author argues that for Hume, such a society cannot be brought about directly. Instead, enlightened lawgivers must focus on creating the necessary conditions for a sociable and refined society to come about. Hume thinks that the most refined and social society will also be the most commercial. People will be free to produce goods not only for their own consumption but also to trade with others. Further, for commerce to develop freely, a society must first have a government that Hume calls civilized. That is, it must be governed by a system of laws that apply equal to all citizens, that protect both persons and their property, and that govern the behavior of legislators themselves. ;Hume thinks that social progress will invariably be incremental, heavily dependent on the history and customs of the society involved. Reformers must keep always in mind that, except under the least tolerable of regimes, it is worse to try to improve society and fail than not to try at all. (shrink)

Women are drastically underrepresented in science, technology, engineering, and mathematics and this underrepresentation has been linked to gender stereotypes and ability related beliefs. One way to remedy this may be to challenge male bias gender stereotypes around STEM by cultivating equitable beliefs that both female and male can excel in STEM. The present study implemented a growth mindset intervention to promote children’s incremental ability beliefs and investigate the relation between the intervention and children’s gender stereotypes in an informal science learning (...) site. Participants were visitors to a science museum who took part in an interactive space science show. Participants who were exposed to a growth mindset intervention, compared to the participants in the control condition, reported significantly less gender stereotyping around STEM by reporting equitably in the stereotype awareness measure. Relatedly, participants in the control condition reported male bias gender stereotype in the stereotype awareness measure. Further, children between 5 and 8-years-old reported greater male bias stereotypes awareness and stereotype flexibility in space science compared to children between 9 and 12-years-old. Lastly, children demonstrated in-group bias in STEM ability. Male participants reported gender bias favoring males’ ability in stereotype flexibility and awareness measures, while female participants reported bias toward females’ ability in stereotype flexibility and awareness measures. These findings document the importance of a growth mindset intervention in buffering against STEM gender stereotyping amongst children, as well as the significant role a growth mindset intervention can play within an informal science learning site. (shrink)

ABSTRACTBuilding on Google's efforts to scan millions of books, this article introduces methodology using a database of annual word frequencies of the 40,000 most frequently occurring words in the American literature between 1800 and 2009. The current paper uses this methodology to replicate and identify terror management processes in historical context. Variation in frequencies of word usage of constructs relevant to terror management theory are investigated over a time period of 209 years. Study 1 corroborated previous TMT findings and demonstrated (...) that word use of constructs related to death and of constructs related to patriotism and romantic relationships significantly co-vary over time. Study 2 showed that the use of the word “death” most strongly co-varies over time with the use of medical constructs, but also co-varies with the use of constructs related to violence, relationships, religion, positive sentiment, and negative sentiment. Study 3 foun... (shrink)

Intellectual property has traditionally been a matter for the legal professions, but with the shift to evidence-based policy, the global economic upheaval, and the advent of the digital age, intellectual property is increasingly informed by economic perspectives. This book is a comprehensive, critical analysis of economic interpretations of intellectual property, written for researchers, practitioners and policymakers. It analyses the interface between economics, finance, accountancy and intellectual property law. Commencing with a critical analysis of the economics of innovation, law, industrial organisation (...) and welfare, the book then critiques the economics of specific intellectual property rights, including copyright, patents, trade marks, geographical indications and design rights. It further assesses the interaction between economics, IP and competition. Finally, it examines why, when and how IP generates value, reviewing contemporary approaches to valuation and accounting, and the emerging use of IP to facilitate business finance. This analytical text offers readers a better understanding of IP's contribution to macro- and microeconomics, as well as insights that inform the debate on evidence-based IP policy. (shrink)

Natural law theory has been undergoing a revival, especially in political philosophy and jurisprudence. Yet, most fundamentally, natural law theory is not a political theory, but a moral theory, or more accurately a theory of practical rationality. According to the natural law account of practical rationality, the basic reasons for actions are basic goods that are grounded in the nature of human beings. Practical rationality aims to identify and characterize reasons for action and to explain how choice between actions worth (...) performing can be appropriately governed by rational standards. These standards are justified by reference to features of the human goods that are the fundamental reasons for action. This book is a defence of a contemporary natural law theory of practical rationality, demonstrating its inherent plausibility and engaging systematically with rival egoist, consequentialist, Kantian and virtue accounts. (shrink)

Abstract: Recently, the experimental philosopher Joshua Knobe has shown that the folk are more inclined to describe side effects as intentional actions when they bring about bad results. Edouard Machery has offered an intriguing new explanation of Knobe's work—the 'trade-off hypothesis'—which denies that moral considerations explain folk applications of the concept of intentional action. We critique Machery's hypothesis and offer empirical evidence against it. We also evaluate the current state of the debate concerning the concept of intentionality, and argue (...) that, given the number of variables at play, any parsimonious account of the relevant data is implausible. (shrink)

Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. In this 2006 book, Mark C. Murphy argues that the central thesis of natural law jurisprudence - that law is backed by decisive reasons for compliance - sets the agenda for natural law political philosophy, demonstrating how law gains its binding force by way of the common good of the political community. Murphy's work ranges over the central questions of natural (...) law jurisprudence and political philosophy, including the formulation and defense of the natural law jurisprudential thesis, the nature of the common good, the connection between the promotion of the common good and requirement of obedience to law, and the justification of punishment. (shrink)

Drawing on themes important in moral and political philosophy, much of the scholarship on the constitutional law of privacy in the United States distinguishes between privacy understood as a person's control over information and privacy understood as a person's ability to make autonomous decisions. For example, Katz v. United States established the framework for analyzing whether police activity constituted a “search” subject to the Fourth Amendment's requirement that the police either obtain a warrant before conducting a search or otherwise act (...) reasonably. The defendant was a professional gambler who knew enough about police techniques to use a public telephone to make his business calls. Police agents attached a listening device to the outside of the phone booth, and sought to use the recordings against the defendant. The Supreme Court agreed with the defendant that the Fourth Amendment had been violated. Justice John Marshall Harlan's influential concurring opinion asserted that a person's privacy, in the sense of control over information, depended on two factors: “that a person have exhibited an actual expectation of privacy and, second, that the expectation be one that society is prepared to recognize as ‘reasonable.’” Fourth Amendment cases like Katz involve informational control; they define the circumstances under which the government may acquire information from or about a person without first obtaining the person's agreement. In contrast, cases like Griswold v. Connecticut, which barred the state from making it a criminal offense to use contraceptives, and Roe v. Wade, which restricted the state's power to prohibit or regulate abortions, used the language of privacy rights to protect a much broader interest in autonomous decision-making. Seeing these cases and related ones through lenseees provided by moral and political philosophy, scholars have attempted to describe what a morally sound constitutional law of privacy would be, and the broadest sense, dworkinian. That is, they seek to provide an account of privacy with two characteristics: it is broadly consistent with the relevant constitutional decisions, and it is the most morally attractive account possible that satisfies the requirement of consistency with the decisions. (shrink)

Does God's existence make a difference to how we explain morality? Mark C. Murphy critiques the two dominant theistic accounts of morality--natural law theory and divine command theory--and presents a novel third view. He argues that we can value natural facts about humans and their good, while keeping God at the centre of our moral explanations.

Fair trade is at a critical juncture as a social movement. In the midst of a sales boom and vastly increased visibility, the tensions and contradictions that exist within the movement are intensifying. In particular, expansion of the fair-trade system to cover new commodities, and the process of 'mainstreaming' fair trade have opened rifts in the movement and called into question the meaning of 'fairness'. This essay reviews three recent books on fair trade, and examines current (...) threats to the system, as well as fair trade's potential for supporting a broad process of social, economic, political, and ecological transformation. (shrink)

Informal science learning sites create opportunities for children to learn about science outside of the classroom. This study analyzed children’s learning behaviors in ISLS using video recordings of family visits to a zoo, children’s museum, or aquarium. Furthermore, parent behaviors, features of the exhibits and the presence of an educator were also examined in relation to children’s behaviors. Participants included 63 children and 44 parents in 31 family groups. Results showed that parents’ science questions and explanations were positively related to (...) children observing the exhibit. Parents’ science explanations were also negatively related to children’s science explanations. Furthermore, children were more likely to provide science explanations when the exhibit was not interactive. Lastly there were no differences in children’s behaviors based on whether an educator was present at the exhibit. This study provides further evidence that children’s interactions with others and their environment are important for children’s learning behaviors. (shrink)

Mark Sagoff draws on the last twenty years of debate over the foundations of environmentalism in this comprehensive revision of The Economy of the Earth. Posing questions pertinent to consumption, cost-benefit analysis, the normative implications of neo-Darwinism, the role of the natural in national history, and the centrality of the concept of place in environmental ethics, he analyses social policy in relation to the environment, pollution, the workplace, and public safely and health. Sagoff distinguishes ethical from economic questions and (...) explains which kinds of concepts, arguments, and processes are appropriate to each. He offers a critique 'preference' and 'willingness to pay' as measures of value in environmental economics and defends political, cultural, aesthetic, and ethical reasons to protect the natural environment. (shrink)

Physicists often allow the "laws" of a discipline, formulated as partial differential equations, to be disobeyed along various surfaces, arrayed along the boundary and inside the medium under study. What kinds of considerations permit these lapses in the applicability of the equations? This paper surveys a variety of answers found in the physical literature.

__ _Philosophy of Law: An Introduction_ provides an ideal starting point for students of philosophy and law. Setting it clearly against the historical background, Mark Tebbit quickly leads readers into the heart of the philosophical questions that dominate philosophy of law today. He provides an exceptionally wide-ranging overview of the contending theories that have sought to resolve these problems. He does so without assuming prior knowledge either of philosophy or law on the part of the reader. The book is (...) structured in three parts around the key issues and themes in philosophy of law: What is the law? – the major legal theories addressing the question of what we mean by law, including natural law, legal positivism and legal realism. The reach of the law – the various legal theories on the nature and extent of the law’s authority, with regard to obligation and civil disobedience, rights, liberty and privacy. Criminal law – responsibility and _mens rea_, intention, recklessness and murder, legal defences, insanity and philosophies of punishment. This new third edition has been thoroughly updated to include assessments of important developments in philosophy and law in the early years of the twenty-first century. Revisions include a more detailed analysis of natural law, new chapters on common law and the development of positivism, a reassessment of the Austin–Hart dispute in the light of recent criticism of Hart, a new chapter on the natural law–positivist controversy over Nazi law and legality, and new chapters on criminal law, extending the analysis of the dispute over the viability of the defences of necessity and duress. (shrink)

In "Behavioral Law and Economics: The Assault on Consent, Will, and Dignity," Mark D. White uses the moral philosophy of Immanuel Kant to examine the intersection of economics, psychology, and law known as "behavioral law and economics." Scholars in this relatively new field claim that, because of various cognitive biases and failures, people often make choices that are not in their own interests. The policy implications of this are that public and private organizations, such as the state and employers, (...) can and should design the presentation of options and default choices in order to "steer" people to the decision they would make, were they able to make choices in the absence of their cognitive biases and failures. Such policies are promoted under the name "libertarian paternalism," because choice is not blocked or co-opted, but simply "nudged." White argues that such manipulation of choice is impossible to conduct in people's true interests, and any other goal pursed by policymakers substitutes their own ends, however benevolent they may be, for people's true ends. Normatively, such manipulation should not be conducted because it fails to respect the dignity and autonomy of persons, what some hold to be the central idea in Kant's ethical system, and which serves to protect the individual from coercion, however subtle, from other persons or the state. (shrink)

This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the (...) world. After describing the various means by which restraints may be enforced, Reiff explains how the sufficiency of enforcement can be measured, and he presents a unified theory of deterrence, retribution, and compensation that shows how these aspects of enforceability are interconnected. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations. (shrink)

Before the law sits a gatekeeper. To this gatekeeper comes a man from the country who asks to gain entry into the law. But the gatekeeper says that he cannot grant him entry at the moment. The man thinks about it and then asks if he will be allowed to come in sometime later on. “It is possible,” says the gatekeeper, “but not now.”—Franz Kafka..

I offer a new argument against the legal positivist view that non-normative social facts can themselves determine the content of the law. I argue that the nature of the determination relation in law is rational determination: the contribution of law-determining practices to the content of the law must be based on reasons. That is why it must be possible in principle to explain what makes the law have the content that it does. It follows, I argue, that non-normative facts about (...) statutes, judicial decisions, and other practices cannot themselves determine the content of the law. A full account must appeal to considerations independent of the practices that determine the relevance of the practices to the content of the law. Normative facts are the best candidates. (shrink)

The Journal of Law, Medicine &Ethics, Volume 43, Issue 4, Page 673-674, Winter 2015.

This chapter contains section titled: Aquinas's Theory of Natural Law The Meaning of the Natural Law Thesis Natural Law Theory and Legal Positivism Defending the Natural Law Thesis Note References.

This brief entry discusses the distinction between ethics, law, and morality.

In the early 1970s, Congress considered enacting comprehensive privacy legislation, but it was unable to do so. In 1974, it passed the Privacy Act, applicable only to information in the possession of the federal government. In the intervening years, other information privacy laws enacted by Congress, such as the Health Insurance Portability and Accountability Act, have been weak and sector specific. With the explosion of information technology and the growing concerns about an absence of effective federal privacy laws, the legal (...) focus has shifted to the states. Signaling a new direction in state data privacy and consumer protection law, the California Consumer Privacy Act establishes important rights and protections for California residents with regard to the collection, use, disclosure, and sale of their personal information. The CCPA is certain to spur similar legislation and to affect national and international businesses that collect data from California's residents. Understanding the new law is important for all data‐driven industries, including health care. (shrink)

This is an introduction to the special issue on criminal law theory.