This commentary explores the scope and content of the Protection from Harassment Act, recently introduced in the UK, focusing in particular on s.3 which creates a civil cause of action for harassment. The author considers the strategic possibilities for feminists concerned with enhancing remedies for sexual harassment as well as the drawbacks of the Act, particularly its capacity to be deployed in a wide range of contexts not all of which necessarily promote justice or enhance civil and (...) political rights. The author concludes by emphasising the important role of the courts in defining and delineating the scope of the Act as well as exploring the possibility of continued development of the common law principle in Wilkinson v. Downton. (shrink)

In this article, I examine John Goldberg and Benjamin Zipursky’s argument, set out in Recognizing Wrongs, that the ‘principle of civil recourse’ explains much of tort law. Specifically, I assess their claim that tort remedies are instances of civil recourse. I argue that while this label fits a variety of damages awards, it does not fit two significant tort remedies: injunctions and damages for pecuniary losses.

Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law (...) is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing. (shrink)

This article examines the development of pneumatic medicine as practised by Erasmus Darwin, Thomas Beddoes and Joseph Priestley, and the support for their experimental trials by other Dissenting doctors and industrialists including Boulton, Watt and Wedgwood. The article examines their belief that if one could create the conditions under which `good air' could be manufactured — where the work of Dissenting chemists and doctors was embraced rather than condemned, supported rather than attacked — then conditions, political and medical, under which (...) a healthy country will flourish will prevail. Contra the claim made by Roy Porter that doctors, such as Erasmus Darwin, were `profoundly troubled by what they saw as the counterproductive impact on health produced by the spread of progressive ideas, refined culture, and modern, commercial, urban values', I believe that it was precisely those progressive values that led Dissenting doctors and pneumatic chemists to believe that by applying the same principles that led to the phenomenal industrial and commercial success of their friends like Boulton, Watt and Wedgwood, they could improve population health by attempting to reform simultaneously politics and therapeutics. (shrink)

Part 1 shows that 'remedy' destabilizes analysis. It has at least five different meanings loosely grouped around the relationship between disease and medicine. In three of those meanings it is functionally synonymous with 'right', which, for all its own instabilities, ought to be preferred. Blackstone encouraged the use of 'remedy'. He stabilized it by putting 'remedies' in a particular relationship with 'wrongs'. However, he built that relationship on an unsound foundation, namely, the proposition, in which John Austin followed him, (...) that every cause of action was a wrong. Part 2 demonstrates the error of that position. The rights which courts realize arise from wrongs and from not-wrongs. The word 'remedy' cannot easily cope with not-wrongs, and its tendency is to destroy the classification of the events from which rights arise. Part 2 also concludes that the habit of thinking of the law in terms of wrongs and remedies encourages a malignant, criminal model of the civil law, here called discretionary remedialism. In that model 'rights' dissolve. Instead, 'liability', as the equivalent of guilt, invites the court to respond with an appropriate remedy, selected by itself, by way of sentence. (shrink)

The Confucian notion of civility has for thousands of years guided all aspects of socio-ethical life in East Asia. Confucians express their central concern for civility in their notion of li, which is commonly translated ?ritual? and refers to the conventions and courtesies through which we submit to the socio-ethical order, as we do, for example, in performing sacrifices, weddings, and funerals, and various daily acts of deference. Since the rise of China and other East Asian countries as economic powers, (...) it has been suggested that we have in East Asia a ?Confucian? ritual-based culture that is opposed to the law-based culture of the West, a culture of rites opposed to a culture of rights, and that this ritual-based culture can be carried into modernity as another way to secure social harmony. I argue that the values central to Confucian ritual ? deference, repayment, and harmony ? are incompatible with the freedom enacted in modern civility. It is unlikely, therefore, that Confucian ritual can be carried into modernity and, as some suggest, remedy the fragmentation, and indeed lack of civility, characteristic of modern societies. (shrink)

The twentieth-century Dutch philosopher Herman Dooyeweerd left behind an impressive canon of philosophical works and has continued to influence a scholarly community in Europe and North America, which has extended, critiqued, and applied his thought in many academic fields. Jonathan Chaplin introduces Dooyeweerd for the first time to many English readers by critically expounding Dooyeweerd's social and political thought and by exhibiting its pertinence to contemporary civil society debates. Chaplin begins by contextualizing Dooyeweerd's thought, first in relation to present-day (...) debates and then in relation to the work of the Dutch philosopher Abraham Kuyper. Chaplin outlines the distinctive theory of historical and cultural development that serves as an essential backdrop to Dooyeweerd's substantive social philosophy; examines Dooyeweerd's notion of societal structural principles; and sets forth his complex classification of particular types of social structure and their various interrelationships. Chaplin provides a detailed examination of Dooyeweerd's theory of the state, its definitive nature, and its proper role vis-a-vis other elements of society. Dooyeweerd's contributions, Chaplin concludes, assist us in mapping the ways in which state and civil society should be related to achieve justice and the public good. "This superb study simultaneously introduces and critically engages the work of one of the most important and neglected Christian thinkers of the twentieth century, while showing its connection to the pluralist tradition and bringing it to bear on the contemporary debate about civil society. More than just providing an overview of Dooyeweerd's thought, it seeks to advance his intellectual project and show its contemporary relevance. It is essential reading not only for those interested in the neo-Calvinist tradition, but for anyone interested in Christian social thought, structural pluralism, or the nature and fate of civil society." --_Kenneth L. Grasso, Texas State University _ "The subtlety, scope, and insightfulness of Dooyeweerd's social philosophy were unparalleled among Protestant thinkers in the past century. Yet his contributions are not well known. Jonathan Chaplin promises to remedy this neglect. His lucid and masterful study brings a new and transformative voice to contemporary debates about the future of a democratic society." --_Lambert Zuidervaart, Institute for Christian Studies and University of Toronto_ "Finally, an authoritative book that brings to brilliant light and life Herman Dooyeweerd's Christian philosophy of law, politics, and society. For the past half century, the profound and original teachings of this prolific Dutch sage have been lost on most readers. Jonathan Chaplin has rescued Dooyeweerd from his own obscure prose, poor translations, and cultic mystique to reveal his astonishing and engaging insights into our lives as persons and peoples, rulers and citizens, preachers and parishioners, parents and children. This will be the go-to book on Dooyeweerd for many years to come." --_John Witte, Jr., Emory University_ "Herman Dooyeweerd was both deep and original. Much of his writing is an articulation of rather undeveloped lines of thought in his Dutch predecessor, Abraham Kuyper. In the course of his exposition, Chaplin effectively highlights Dooyeweerd's significance for a theory of civil society and for present-day social theory in general." --_Nicholas Wolterstorff, Yale University and the Institute for Advanced Studies, University of Virginia_. (shrink)

It might appear that apologists for legal systems should have a more difficult time justifying particular acts of civil disobedience than do anarchist critics of legal systems. But while this might be so for law breaking simpliciter, I argue that it is not so for civilly disobedient law breaking. The logic of morally justifying civil disobedience is remarkably similar for both legal apologists and anarchists, and diverges only on the question of accepting punishment for one's acts. But even (...) here what it is obligatory upon either to do is remarkably similar. Where differences in how civil disobedience is justified begin to arise is on the question of accepting punishment for breaking the law. For readily discernible reasons this is a strict obligation for legal apologists; for anarchists, however, it is but a contingent obligation. Nonetheless, in practice anarchists who engage in civil disobedience will find themselves under an obligation to suffer punishment. Essentially this is because doing so is necessary in order that the act of civil disobedience be an effective one, and like everyone else, anarchists have an obligation to try to be effective in the actions they undertake to remedy injustice. The paper concludes with offering two reasons why even anarchists ought to risk submitting to punishment by illegitimate authority by engaging in civil disobedience. (shrink)

With a focus on the Common Law jurisdiction of England and Wales and the Civil Law jurisdiction of Vietnam, this article provides an analytical framework to address the uncertain jurisprudence of minor offence processes. The article’s approach is to seek an account of crime and criminal process that is most suitable for practice and most compatible with the broad notion of ‘criminal charge’ under international human rights instruments. It is argued that minor offences should be considered forms of less (...) serious crimes that are subject to short periods of imprisonment or non-custodial punishments and dealt with by summary procedures. The fragmentation of minor offences demands an approach to procedural pragmatism and procedural proportionality; that is, the procedure for each type of offence should be proportionate to the severity of punishment and fair as a whole. (shrink)

The extent to which the legal doctrine addresses manifestations of constitutionalism has been constantly growing. However, the majority of research in constitutionalism focuses on the analysis of the power of the Constitution and the fundamental principles entrenched in it whereas ordinary branches of law, including civil procedure, affected by the constitutional law remains outside the scope of a deeper analysis. The author of the present paper is convinced that certain aspects of the impact of constitutional justice on such branches (...) as, in particular, civil procedure deserve deeper interest. The modest scope of the paper precludes an extensive analysis of the role of the Constitution as a fundamental binding Act and today’s abundant doctrine of Lithuania’s Constitutional Court in civil procedure. Therefore, the present paper is confined to an analysis of individual aspects of direct application of the Constitution and the doctrine of the Constitutional Court. The article analyses the power of the Constitution and its impact on the civil procedure as an Act laying down the fundamental principles binding the legislator in adopting procedural instruments and principles to be followed by courts and as a remedy for violations of rights or a tool to address loopholes and collisions of law. Courts of general jurisdiction perform the control of legitimacy of legal Acts by checking their compliance with the Constitution in individual cases and by applying to the Constitutional Court for repeal of anticonstitutional norms or by applying the Constitution as an Act of direct effect to eliminate loopholes, interpret statutes and deal with collisions of legal norms. The author believes that the fact that the courts of general jurisdiction frequently raise questions of incompliance of legal Acts with the Constitution and decisively apply to the Constitutional Court evidences a high level of legal culture and legal consciousness of the judges. That fact may also serve as a precondition for the growth of confidence in the judiciary as judicial procedures may contain no uncertainties as to the constitutionality of the statutes to be followed in litigation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Royce, Racism, and the Colonial IdealWhite Supremacy and the Illusion of Civilization in Josiah Royce's Account of the White Man's Burden1Tommy J. CurryNo colony can be made by a theory of Imperialism, it can only be made by people who want to colonize and are capable of maintaining themselves as colonists.—Sir Sydney OlivierIntroductionAs with most historic white figures in philosophy, their repopularization and reintroduction into contemporary circles commits their (...) work, regardless of its initial silence, to speak to the problem of anti-Black racism in America. Josiah Royce is no different in this regard. In recent years, white scholars like Jacquelyn Kegley and Shannon Sullivan have introduced revisions to Royce's thought that make it appear multicultural and antiracist, despite the anachronism of such a contention. According to Kegley, "Royce believes, as others in the contemporary scene, that 'race' as a concept cannot be eliminated, [because] it plays too crucial a role, both positive and negative, in self- and social identification" (216). While Kegley is correct that contemporary scholars like Lucius Outlaw and Cornel West have adamantly defended the importance of race as a social and cultural entity, her claim is in stark contradiction to the racial eliminativism of other scholars like Anthony Appiah and Alain Locke, whom she also contends that Royce agrees with simultaneously.2 While it makes perfect sense for Kegley to try to put Royce in conversation with contemporary Black thinkers in race theory, her work is indicative of a trend aiming to gain currency for historic white thinkers in current race debates at the expense of historical accuracy. Black scholars who studied under Royce and applied his theories to the race problem from the mid-1900s onward, like William H. Ferris3 and William T. Fontaine,4 are ignored by white scholars because the first application of Roycean philosophy supported assimilationism. It is only today with the political and ideological [End Page 10] ethicizations of racial diversity and multiculturalism that Royce's work is interpreted as critically conserving race.5In contrast to contemporary works on Royce and race, this article seeks to evaluate the current claims for the relevance of Royce's views in contemporary debates on race. I maintain that only by taking Royce out of his historical context (late nineteenth-and early twentieth-century thought) do his ideas on race acquire a level of importance that cannot be supported by the actual evidence he himself advances. Conversely, by actually placing Royce in his historical context, this article will demonstrate that Royce's 1905 article entitled "Race Questions" (later published as "Race Questions and Prejudices" in 1906) is an unapologetic extension of his 1900 article entitled "Characteristic Tendencies of American Civilization," where Royce adamantly champions British colonialism and assimilation as the remedy to the burgeoning race problem both at home and abroad. I begin with a critical analysis that places Josiah Royce's attitudes firmly within the boundaries of his times. In what follows, I will attempt to contextualize Royce's seemingly progressive stance on Japan as part of a more general reaction whites had during the early 1900s to Russia's defeat by the Japanese. Instead of reading Royce's stance on Japan as a moment of exceptionalism, I contend that Royce's attitude was in fact a popular disposition that signaled the inevitable shift of race science away from biological determinism toward more environmentalist explanations. Secondly, and perhaps more importantly, I will show that Royce's disposition toward Blacks was firmly rooted in a colonial and assimilationist logic that ultimately sought the cultural destruction of African-descended people. A closer look at Royce's prefatory remarks on British colonialism from 1900 and his valorization of English colonial administration in Jamaica actually reveals an insidious racial dynamic in Royce's thought that is anything but antiracist. Finally, having established Royce's philosophical stake in American assimilation and Western domination, I argue that the "provincial revision" currently in vogue amongst American philosophers working with Royce is simply not enough to overturn Royce's clearly racist investments in dealing with the race question.If I Can Think It... Then I Can Do It—Reading Royce... (shrink)

In recent years an increasing quantity of UK legislation has introduced blended or ‘hybridised’ procedures that blur the previously clear demarcation between civil and criminal legal processes, typically on the grounds of normatively-motivated political expediency. This paper provides a critical perspective on instances of procedural hybridisation in order to illustrate that, first, the reliance upon civil law measures to remedy criminal law infractions can raise human rights issues and, second, that such instrumental criminal justice strategies deliberately circumvent the (...) enhanced procedural protections of the criminal law. By conceptualising the rule of law as a structural coupling between the political and legal systems, and due process rights as necessary and self-imposed limitations upon systemic operations, this paper employs a systems-theoretical approach to critique this balancing act between expediency and principle, and queries the circumstances under which legislation contravening the rule of law can be said to lack legitimacy. (shrink)

With reference to the Dutch model, which has been adopted by the Lithuanian Civil Code, the possibility to renounce Investigation Proceedings in the Articles of Incorporation or shareholder agreements is analysed in this article. The mandatory nature of the Investigation Proceedings is derived from the provisions of the Code, mainly: from an active role of the court, typical to the cases with the element of public interest, from specific rules for protecting the public interest in the course of the (...) Investigation Proceedings, also taking into account statutory duties of managers, the scope of which may not be narrowed by SHA, and the fact, that the Investigation Proceedings is generally designated to be an instrument to safeguard the interests of minority shareholders against the abuse of their rights by the company, and, finally, acknowledging the extraordinary nature of remedies available in the Investigation Proceedings. (shrink)

Scholars have established that cultural codes and styles of expression in civil society must be recognized as informal mechanisms of exclusion, calling into question the possibility of the Habermasian normative ideal of the public sphere. This article joins theoretical discussions of how to remedy this problem. Going beyond Alexander's model of "multicultural incorporation" and borrowing from Sewell's theory of the duality of structure, we develop a theoretical framework of code hybridization to conceptualize how civil society participants achieve (...) class='Hi'>civil solidarity amid multiple, potentially contradictory cultural legacies. Code hybridization is a process whereby social actors not only incorporate the cultural codes of subordinate groups into the public sphere, but in doing so also potentially transform dominant codes. We conceptualize code hybridization in terms of three analytic steps: enlargement of the terrains of signification; reinterpretation of codes; and mixing of schemas. The resulting hybridized schemas and frameworks are particularly useful cultural tools for developing visions of civil inclusiveness for young, unstable civil societies. Using a brief comparative study of the representation of women in political cartoons in Hong Kong and Taiwan, we offer a concrete example of code hybridization—a process linking the codes of liberty and caring while producing alternative and more inclusive narratives during moments of political agitation. (shrink)

In my view, we need a sociological analysis to show how the crisis stemmed from a certain set-up of the so-called global society. Such a set-up is the product of a long historical development, which goes beyond the financial crisis? outbreak in 2008. The question I ask is the following: from a sociological standpoint, why did this crisis break out? And what remedies can be put in place? The measures adopted these days cannot solve the crisis, but, for a (...) number of reasons, they can at most provide temporary stoppers and remedies. (shrink)

ABSTRACTThere are two distinct types of legal wrongdoing: civil and criminal. This article demonstrates in three ways that Immanuel Kant's Universal Principle of Right, properly interpreted, offers a plausible and resilient account of this important distinction. First, Kant's principle correctly identifies attempted crimes as crimes themselves even when they do not violate the rights of any individual. Second, it justifies our treatment of reckless endangerment as a crime by distinguishing it from ordinary negligence, traditionally thought to be only civilly (...) wrong. Third, it explains and justifies differences between the features of traditional criminal punishments and the features of civil remedies. Moreover, the Universal Principle of Right yields a Kantian standard for criminal wrongdoing that is compelling enough to inform future philosophical inquiries into the nature and limits of the state's criminal lawmaking authority. (shrink)

This paper addresses the work of the Council of Europe in the fight against corruption. It presents briefly the Council of Europe’s organisation, activities and priorities and goes on to introduce its work in the fight against corruption. Activities in this field are carried out by the Multidisciplinary Group on Corruption (GMC) which is made up of governmental representatives of the forty Member States of the Organisation and in accordance with a Plan of Action against Corruption. Following work by the (...) GMC, the Committee of Ministers, the decision-making body of the Council of Europe, adopted in 1997 ‘The 20 Guiding principles for the Fight against Corruption’ and in 1998 ‘The Agreement establishing the Group of States against Corruption-GRECO’ which will be called upon to monitor States’ compliance with their international commitments in the fight against corruption. Three international legal instruments are currently under preparation by the GMC, namely: a convention on corruption (dealing with the criminal aspects of the problem), a convention on civil remedies resulting from corruption and a European model code of conduct for Public Officials. Work on these instruments is well advanced and it is expected that they will be adopted before the end of 1998. (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)

Political actions by Fridays for Future, Extinction Rebellion, and other climate activists often involve violations of legal regulations – such as compulsory education requirements or traffic laws – and have been criticized for this in the public sphere. In this essay, I defend the view that these violations of the law constitute a form of morally justified civil disobedience against climate policies. I first show that these actions satisfy the criteria of civil disobedience even on relatively strict conceptions (...) of civil disobedience. I then argue that they meet plausible justification conditions for civil disobedience because they are directed against serious and clear injustices, which legal means of influence have failed to remedy for decades. Finally, I reject the objection that civil disobedience against climate policy violates basic democratic principles because it claims authority to override democratically enacted agreements. When addressed to Fridays for Future activists, the objection misfires for the reason alone that these activists are largely minors that are excluded from democratic participation. Moreover, disobedience even by adult activists is justified by the existence of serious democratic deficits in our climate policies, especially since it can help to correct them. Such deficits include the lack of representation of the interests of people affected by climate change in the future and globally. (shrink)

This paper will discuss the peace building efforts of the National Democratic Front of the Philippines (NDFP) and the Government of the Philippines (GRP) and argue that these efforts follow the proceduralist conception of Habermas’ deliberative democracy. Habermas, like Kant, contends that peace has a “chronological and ontological priority over violence.”1 The paper will problematize the gap between legality and legitimacy as highlighted by Habermas and relate how such a gap triggered conflicts the same as that of the GRP and (...) the NDFP. I will then propose a communicative process of critique and intervention from civil liberty groups, especially the Church sector, as an avenue to possibly remedy the gaps and its effects. Finally, I will outline possible problems arising from this model of deliberative democracy. (shrink)

This book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses. It goes on to propose a general approach to private law, including contract, tort and private property, and explains how it can provide solutions to some longstanding problems. Two general ideas inform this approach: the 'standpoint limitation' and 'remedial consistency'. The standpoint limitation explains the distinctive character of private law, that is to say why it is focussed mainly, though not (...) exclusively, on particular individual interests rather than the common welfare. Remedial consistency explains the way in which remedies depend on and give effect to primary rights. The book also discusses the nature of common law legal reasoning and its relationship to the suggested understanding of private law. (shrink)

Civil society participation in international and European governance is often promoted as a remedy to its much-lamented democratic deficit. We argue in this paper that this claim needs refinement because civil society participation may serve two quite different purposes: it may either enhance the democratic accountability of intergovernmental organisations and regimes, or the epistemic quality of rules and decisions made within them. (...).

This article argues that liberal arguments for human rights minimalism, such as those of John Rawls and Michael Ignatieff, contain fundamental inconsistencies in their treatment of core rights to life and liberty. Insofar as their versions of minimalism foreground rights to physical security and basic freedom of movement, they cannot coherently exclude certain social and economic protections and liberties that directly support or are even partly constitutive of these rights. Nor do they have good grounds for putting the social and (...) private realms wholly beyond the purview of international law. “New” human rights that represent an expansion of civil rights in particular beyond the classic conception to encompass, for example, the right to freedom from sexual and gender-based violence, illustrate especially well the extent to which civil, social, and economic rights violations, and their remedies, are deeply interwoven. These emergent rights also directly challenge the dichotomy between public/political and private/social realms, and the corollary assumption that human rights violations occur mainly or exclusively in the former sphere. While the concerns that motivate arguments for human rights minimalism — considerations of pluralism and prudence — are legitimate, proponents would do best to reconsider the multiple roles that human rights in fact play, in spite of their essentially contested status. (shrink)

What is a “historical” video game, let alone a successful one? It is difficult to answer this question because all our definitions of history have been constructed in a linear-narrative cultural context that is currently being challenged and in large part displaced by digital media, especially video games. I therefore consider this question from the point of view of historical semantics and in relation to the impact of digital technology on all aspects of the historiographical operation, from the establishment of (...) digital archives, to the production of e-texts, to the digital remediation of visual modes of historical representation. Seen from this dual perspective, video games appear to participate in a process of spatialization and virtualization of historical semantics. In the first place, video games have begun to detach the notion of history from its double reference to the past and to the real—“what essentially happened”—that it had acquired at the end of the eighteenth century. Second, they also challenge the semiotic production of “historic events” that has characterized the construction of modern historical consciousness. Historical video games, in other words, replace representation with simulation and presence with virtuality, thereby marginalizing the oscillation of the modern historical imagination between historical facts and historic events, transcendence and immanence, representation and presence. Although digital reworkings of historical semantics have not produced any grammatical transformation of the signifier, history—nor does this essay propose one—I do argue that the impact of video games on our contemporary historic culture is of paradigmatic proportions similar to those described by Reinhart Koselleck for the dawn of the modern age. Focusing on one of the most successful contemporary video games, Sid Meier’s Civilization, I show how the remediation of cinematic genres by video games is pushing the processes of de-temporalization and de-referentialization of history toward the formation of a new notion of the historical that may be conceptualized as the inversion of the classic Aristotelian paradigm: history has replaced poetry and philosophy as the realm of the possible. (shrink)

In this article I argue that Jürgen Habermas’ notion of morality (moral norms) has more in common with Hegel’s notion of ‘ethical life’ as a ‘ sittlich ’ relation – understood as a socially integrative force – rather than Kant’s supreme principle of personal morality. I show that Habermas and Hegel, each in his own way, make a distinction between morality and ethics. However, I make the case that Habermas’ conception of ‘morality’ incorporates aspects of Hegel’s notion of ‘ethical life’, (...) while Habermas’ conception of ‘ethical’ – referring to individual and group conceptions of the good life – is a remedy to the shortcomings in Hegel’s overly unified ethical life. I offer an alternative reading of Habermas’ principle of morality, which I suggest should be read as his attempt to provide a binding process to set up the norms that ought to condition a modern political community understood as a civil association. (shrink)

The “Protect, Respect, Remedy” Framework along with the UN Guiding Principles on Business and Human Rights is the current global standard regarding corporate conduct. This article analyses the UN Framework from the vantage point of labour rights in India by looking at the garment supply chain. It argues that it can do little to induce states and businesses to bring substantive improvements to working conditions in a largely informal economy like India. Without the state performing its duty to protect human (...) rights, the secondary responsibility of corporations can do very little in realising the rights of workers. Nonetheless, its tallest contribution is that it has given a platform for civil society to push for better conduct from all businesses and marks the beginning of a unified international business and human rights agenda. (shrink)

Foucault's rejection of the repressive hypothesis is generally taken as a critique of Freud. Its real target is, however, the left Freudian tradition, which received its paradigmatic articulation in the work of Herbert Marcuse. Marcuse sought to show that the conflict between the repressive demands of civilization and instinctual desires of the individual didn't represent a transhistorical state of affairs, as Freud maintained. He argues, rather, that it represents a particular historical constellation that can be transcended. Foucault purports to reject (...) the entire structure in which the problem arises, that is, the conflict between the demands of civilization and bodily based desire. The thesis of this article is, however, that he doesn't reject the conflict, but simply displaces it. In his scheme, the displaced conflict takes place between the apparatus of sexuality and bodies and pleasures. Furthermore, Foucault maintains that the emancipation of bodies and pleasures from their entrapment in the apparatus of sexuality constitutes the desirable political program. The diagnosis of the situation and the suggested political remedy are, in other words, exactly parallel to Marcuse's. (shrink)

In what has become a classic work, Richard M. Weaver unsparingly diagnoses the ills of our age and offers a realistic remedy. He asserts that the world is intelligible, and that man is free. The catastrophes of our age are the product not of necessity but of unintelligent choice. A cure, he submits, is possible. It lies in the right use of man's reason, in the renewed acceptance of an absolute reality, and in the recognition that ideas—like actions—have consequences.

Taking the ‘Fridays for Future’ movement as its starting point, this article conceptualizes and defends youth disobedience, understood as principled disobedience by legal minors. The article first argues that the school strike for climate can be viewed as civil disobedience. Then, the article distinguishes between various forms of youth disobedience. Building on the democratic rationale for civil disobedience, the remainder of the article argues that there is a special justification for youth disobedience. To show this, it argues that (...) children are wrongfully excluded from political participation and that principled law-breaking can be an important remedy to this exclusion. The upshot is that adults should engage seriously and leniently with youth disobedience. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Picking Up the Pieces of a Shattered Culture:Abandoning Sartre for AquinasR. E. HouserI expect to die in my bed, my successor will die in prison, and his successor will die a martyr in the public square. Then his successor will pick up the shards of a ruined society and slowly help rebuild civilization, as the Church has done so often in human history.—Francis Cardinal George (2010)Here I propose to (...) present a feature of the ethics of Thomas Aquinas, his ethical doctrine of virtue, concentrating on the four cardinal virtues—justice, prudence or good practical judgment, courage, and temperance. Plato first selected them as the four premier virtues, but they go back at least to Homer, for whom wily Odysseus exemplified prudence, warlike Achilles courage, old Nestor justice, Penelope and Telemachus, Odysseus' wife and son, temperance. And I offer them as central to living the morally good life required to "rebuild civilization" in an America that so fair and judicious a man as Cardinal George could call a "ruined society." To see the need for Thomas's solution, we must begin with the problem. Now, all societies depend upon the deep and fundamental ideas of the most important thinkers, prophets and sages, saints, and yes, even philosophers. Their ideas "trickle down" to influence regular folk, like you and me, those who whose hard work actually makes a society thrive, or die. And when those fundamental ideas change, the moral principles of those who embrace those ideas change, and consequently their actions change, and as a result the wider society in which they live changes, for better or worse. Such effects can now be felt across America [End Page 135] by all; but most of us are unaware of the primary intellectual agents of these changes, since they operate at the level of fundamental ideas, not politics or business or day-to-day life. And often their originators have died before the ideas reach full cultural force. So, ignorance of history makes it difficult to deal with present problems caused by those ideas.My first conclusion will be that a major cause of the current coarsening of our culture is the group of ideas of the French philosopher Jean Paul Sartre, even though most Americans have never heard of him, and most of those who recognize his name have not read his works carefully enough to see the connection. Why Sartre? In the honors program at my university, I had a bright young lady of Muslim heritage who had gone to a lycée, one of France's elite classical secondary schools. "Did you read the classics?" "Yes." Expecting Montaigne or Pascal, I asked, "Who?" Her answer: "Sartre." So let us begin with the theory and practice of Sartre and his long-time lover Simone Beauvoir, whose book The Second Sex was an intellectual spark for the women's liberation movement. Then we turn to some real-life examples of Sartrean influence on ourselves and American culture. Finally, for the best remedy for non-Christian and Christian alike, I recommend Aquinas's doctrine of virtue, when taken in its full scope.Sartre's Ethics of Absolute FreedomIn 1946, the year I was born, Sartre gave a lecture to a meeting of French librarians, which became his most popular book, Existentialism is a Humanism. There he laid out the core of his thought about God, humans, and their ethical behavior. Here I arrange his main ideas in an order that facilitates comparison with Aquinas, beginning with his view of human ontology and proceeding to its impact on the four cardinal virtues.Human OntologySartre turned his back on the traditional metaphysical view that every creature is an individual substance defined by a nature or essence it has in common with all other things of that type. In his "first principle of existentialism," Sartre skips over other animate things, plants and animals, and compares humans to inanimate objects:Let us consider... a book or a paper-cutter: here is an object made by an artisan whose inspiration came from a concept.... One cannot postulate a man who makes a paper-cutter but does not know what it is... (shrink)

La responsabilité du fait d’autrui a fait l’objet de mutations successives tout au long du xx e siècle, soit que les régimes légaux aient été adaptés et façonnés afin de garantir une réparation automatique de leurs dommages aux victimes, soit que le juge ait fait usage de son pouvoir créateur pour inventer de nouveaux régimes de responsabilité pour répondre aux évolutions sociales et aux nouveaux enjeux indemnitaires. Si la tendance est globalement à l’objectivation de la responsabilité du fait d’autrui, des (...) incohérences sont apparues qui s’expliquent par le mode de création du droit jurisprudentiel, par petites touches, au gré des besoins exprimés dans les prétoires. À l’heure de réécrire le code civil, les promoteurs de la réforme promettent de nouvelles métamorphoses. Ils ne se sont pas bornés à importer la jurisprudence mais se sont assignés la mission plus ambitieuse de restituer à la responsabilité du fait d’autrui sa cohérence perdue, tout en garantissant un équilibre entre la responsabilité encourue par le civilement responsable et l’importance de l’autorité exercée sur autrui. Pour servir cet objectif, les projet et proposition de réforme précisent la nature de la responsabilité du fait d’autrui et se prononcent en faveur d’un régime dual de responsabilité du fait d’autrui. Cette étude envisage les conséquences théoriques et pratiques de la réforme à venir et propose des pistes de réflexion pour remédier aux inconvénients qu’elle pourrait induire. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Skeptical View of IntegralismElizabeth CoreyNo observer of the American right could say that the past decade has been boring. In recent years, people who formerly called themselves conservatives have become integralists, "national conservatives," "common good" conservatives, and "postliberals." They reject the fusionism that formerly brought libertarians into alliances with paleo- and neo-conservatives. They argue that principles of limited government and individual rights no longer suffice in an age (...) that has suffered the left's Gramscian march through the institutions (Italian Marxist Antonio Gramsci, 1891–1937).Among the most prominent of the new dissenters are certain Catholic conservatives who argue not only that "liberalism" has failed, but that that the remedy for its failure lies in a reintegration of religion and politics. Many of these writers argue that liberalism itself is a religion, or at least a quasi-religion, that should be opposed by real religion, which is Catholic Christianity.1 Liberalism's political liturgy, they maintain, is one of individual rights, freedom, and unfettered choice; but liberalism is a bad religion that leads to moral decline. It must be resisted by holding to the true liturgy, an [End Page 919] authentically religious one of obedience to Catholic doctrine and a revival of traditional morality in the public square. Who is responsible for enforcing this new liturgy? Why the new theorists themselves, of course, who believe that they are the recipients of privileged gnosis.These theorists have no qualms about asserting the desirable unity of politics and religion. Indeed, their primary interest in government seems to be in prescribing a religiously inspired morality for those they would govern. No mere rule-of-law regime will do. As journalist Sohrab Ahmari has boldly asserted: "Civility and decency are secondary values. They regulate compliance with an established order and orthodoxy. We should seek to use these values to enforce our order and our orthodoxy."2The confidence of these former conservatives is remarkable, and they are in fact making converts of young men everywhere. The clarity of their moral vision is undeniably attractive to a certain kind of soul. If the highest good for mankind is salvation, as Christians believe it is, then why not strain every nerve to achieve it, not only in worship but also in political action? Chad Pecknold has summarized the postliberal integralist view as follows: "We must recognize that our cities simply are religious. Our most fundamental political conflicts are religious and theological. Thus, Christians who care about their neighbor must not be indifferent to the sacred bonds of the city, but must oppose civic sacrilege, and work to reorient the domestic and civic altars alike to God's heavenly city." He concludes with a rousing peroration: "As pilgrims with our faces set towards Christ, the bright sun of justice itself, our cause is just. We have a great hope even in this temporal order which is passing away; we have a high calling to order not only our souls, but also to order our cities rightly, on earth as it is in heaven."3 The only task that remains, on this telling, is to put this vision into practice.It is never easy to follow the words of Jesus himself in the Lord's Prayer. Yet the skeptic in politics might be excused for a bit of throat-clearing and perplexity about precisely what is being argued, and about how such a grand vision is to be accomplished, or whether it is even desirable. In the pages that follow, I identify an alternative way of thinking about politics that is significantly less exalted than integralism. This more "skeptical" alternative is potentially capable of achievement, given the political institutions currently in place in the United States. It is also significantly more respectful of the political and moral pluralism that now exists and seems unlikely to disappear. [End Page 920]Following the lead of British political philosopher Michael Oakeshott, I consider two opposed ways of thinking about politics, which Oakeshott called, in On Human Conduct, "enterprise and civil association," and elsewhere "faith and scepticism." With this framework in mind, I consider the dark and pessimistic view of modern society held by the postliberal integralists. I... (shrink)

What is Sociology? presents in concise and provocative form the major ideas of a seminal thinker whose work--spanning more than four decades--is only now gaining the recognition here it has long had in Germany and France. Unlike other post-war sociologists, Norbert Elias has always held the concept of historical development among his central concerns; his dynamic theories of the evolution of modern man have remedied the historical and epistemological shortcomings of structualism and ethno-methodology. What is Sociology? refines the arguments that (...) were first found in Elias' massive work on the civilizing process, in which he formulated his major assertions about the interdependence of the making of modern man and modern society. It is Elias' contention that changes in personality structure--embodied in phenomena ranging from table manners and hygiene habits to rites of punishment and courtly love--inevitably reflect and mould patterns of control generated by new political and social instututions. Elias' rejection of a dichotomy between individual and society, and his use of psychoanalysis, political theory, and social history, help restore a fullness of resource to sociology. (shrink)

The Iraqi constitution of 2005 grants freedom of religious thought, belief and practice for all religions. This study was also based on the premise that the constitutional rights are not adhered to in Iraq, even by government officials, which could be due to the absence of suitable legislations subsequent to the framing of the constitutional provisions. An analytical and descriptive research design was adopted for this study. Data was collected from primary and secondary sources through documentation research and evaluation of (...) historical sources. The primary data comprised Articles of the Iraqi constitution, and a few national and international legal instruments related to religious freedom. Secondary data included empirical research studies, books, articles and other published sources. This study therefore took the form of an empirical legal research as it involved the issues of constitutional reforms in the field of religious freedom. A comparative approach was adopted in analyzing the documents about religion and politics related to both the Arab region and the West. The focus was on the measures that should be adopted to advance the dialogues of religious freedom and maintain religious neutrality in all government policies. The study found out that there were apparent contradictions between the constitutional provisions and the State Laws. Similarly, the Iraqi civil and penal codes remain silent regarding legal remedies for the violation of constitutional provisions. (shrink)

It can be said that Westerners have always seen Muslims and Islam as an obstacle to their own existence. They constantly see themselves as superior and try to belittle those who are not like them. The prejudice created by this point of view has prevented them from seeing Islamic civilization. Although many scientists and thinkers have tried to evaluate this accumulation by being influenced by Islamic thought, governments and people have always viewed the issue as such an opposition. This hatred (...) increased even more when Muslims began to conquer the countries of Western (Christian) societies through conquests. The aim of the "Orientalism Research Centers", which was established with the support of the Vienna Church Council, was to make this struggle more systematic by recognizing the Easterners/Muslims instead of understanding them in all their aspects and through the weak sides they could find. Thus, Westerners wanted to place in the Muslim mind The notion they were superior in every field, that Muslims had always been reactionary and that they had to be corrected. In the modern era, the idea that religion is contrary to science and progress and is the source of all conflicts has prevailed in the West. For this reason, it is aimed to create a human and society free from religion and religious.. In the modern era, a secular society experiment was made, people could not be happy. When it comes to the post-modern period, people, whose spiritual and belief aspects were neglected, showed a tendency to turn to religion again with the longing for this. Western governments, politicians and global capitals have resorted to all kinds of remedies to prevent this tendency towards Islam. The construction of Islamophobia has been a concrete proof of this pursuit. The fact that the perpetrators of the September 11 events in the USA and the terrorist attacks in many other western states which is following them, consist of Muslims, has been the pillar of the construction of “Islamophobia” in the West. Capital appetites of global capitals and ancient hostilities have opened the door to direct intervention in Muslim countries with “Islamophobia”. Thanks to Islamophobia, this intervention has been accepted as legitimate in both Western and many Eastern societies. In this study, it is focused on how the “Islamophobia” built into a pragmatic tool is transformed. It has been emphasized that Islamophobia is a legitimate basis for the West to control the energy and oil resources of the Middle East, which has whetted the appetite of the USA. At this point, it has been seen that the West and the USA have achieved their goals to a large extent. However, it was emphasized that in the intervened societies, problems such as poverty, terrorist incidents, ethnic and sectarian divisions, and the masses being forced to migrate could not be solved in the recent past. In this study, an analysis has been made by dealing with a qualitative method, why Westerners behave like this and what they aim with it. (shrink)

SummaryHumans are now entering a post-human era. Through technological advancements and their applications for humans themselves, humans as homo sapiens might change into a different species. Depending on individual decisions about whether to embrace certain technologies, the co-existence of humans and post-humans is also possible. Christians and theologians must ponder this trajectory for the technology will affect all domains, including religions, in society at large. In this regard, this article introduces and examines transhumanism. Transhumanism is a movement based on the (...) convergence of ideology and scientific technology which aims to liberate humans from their biological constraints, thereby bringing about human well-being. This article argues that the transhumanist ideology should be critically examined while its technology can be embraced and even supported from a theological perspective because this ideology determines the direction of technological advancement and application. Regarding ideological problems, I highlight transhumanists’ disembodiment propensity, optimistic belief in the progress of human civilization, and individualism. These features are embedded in and originate from transhumanism’s succession of classical humanism and the Enlightenment. If these features are not rectified, transhumanism and its technology might repeat disastrous incidents in human history such as eugenics and exacerbate social inequality. As a theologian, I critically examine the ideological features of transhumanism, proposing an alternative understanding with regard to human beings and existence. This effort helps to remedy potential problems of transhumanism in the future, relieve anxiety relating to these problems, and prepare a dialogue between transhumanism and Christian theology. This dialogue will eventually contribute to the robust development of transhumanism and the opening of a new era of the post-human. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Iago’s Roman Ancestors JAMES TATUM Othello is that rare thing: a tragedy of literary types who half suspect they are playing in a comedy. —D. S. Stewart, 1967 In memoriam Bill Cook1 Shakespeare’s Othello is a drama created for a world where everyone was bound by “service,” a formal connection to someone else superior, in a hierarchy that linked all persons in court, theater, and society through unavoidable obligation. (...) Service could range from the lightest kind of tie, to indentured servitude. This meaning of “service” reflects its origin in Norman French, from the Latin word for slavery, servitium. It is Iago’s sense of the word in his comment to his dupe Roderigo: “Why, there’s no remedy, ’tis the curse of service.” The perceived color of Othello poses a perennial challenge which producers and directors in the United States have to consider every time Othello is performed. Jim Crow did not officially end in most parts of the former Confederacy until the Civil Rights Acts of the 1960s; and even then such legacies of slavery and segregation as color prejudice remain a challenge, alive if now not entirely well, and they haunt many a production. It is this more recent history that inspired Patrick Stewart’s “photo-negative” production of Othello in Washington, DC in 1997, in which the English actor himself played Othello while the rest of the cast were black. Given recent and not so recent history, it is important to realize that there actually is a slave hard at work throughout Othello, from opening scene to last: not Othello himself, but his “ancient” or ensign, Iago. arion 27.1 spring/summer 2019 the slave-playwright of shakespeare’s OTHELLO Lodovico: O, thou Othello, that was once so good, Fallen in the practice of a damnèd slave, What shall be said to thee? Othello, 5.2.289–91 the plot of Shakespeare’s Othello comes from the story “Disdemona and the Moorish Captain” in Giraldi Cinthio’s The Hundred Tales (1565), but the theatrical tradition he used to adapt it for the stage was not other tragedies. He went back to a classical theater he had used to write one of his earliest successes, The Comedy of Errors, one he knew as well as any other through his study of it in Latin grammar school and afterwards: Roman comedy. What resulted was something of a puzzle to his later critics. Since the 17th century some of Shakespeare’s readers have alternately complained or marveled at the way Othello has the fast pace and structure of a farce. This accounts for its exceptional power as a tragedy when it is intelligently performed; the double catastrophe of Othello’s murder of Desdemona and his own suicide come more quickly and more violently, for example, than the endings of Macbeth, King Lear, or Hamlet. All of Othello’s characters are cast in the stereotypical roles first created in Menander and other playwrights of Greek New Comedy, and then passed on to later European vernacular theater through Plautus and Terence’s adaptations. In performance, Shakespeare’s Iago is at once a reprise of his earlier stage villains and a reincarnation of the servus callidus or clever slave playwright of Plautus. It is as if Zero Mostel’s Pseudolus in Sondheim’s A Funny Thing Happened on the Way to the Forum were playing Richard III. Iago creates what he regards as a comedy, from its opening scene before Brabantio’s house to its catastrophic end in Cyprus, and to the bafflement of Christian interpreters and others, he seems incapable of recognizing the enormity of his evil. Unlike his resourceful Roman ancestors, who think up ingenious plots to help their less clever owners 78 iago’s roman ancestors in their love affairs, Iago’s scenario is demonic, designed to destroy his master Othello, not save him. As I’ve suggested, one comedy in particular may have played an important role in the making of Othello: Plautus’ Amphitryon, with its story of Jupiter’s adulterous affair with Alcmena, the wife of the heroic king Amphitryon of Thebes. To aid him in his schemes Jupiter calls on his son the trickster... (shrink)

The philosophy and the magnitude of the Greek civilization perpetuated by History might mislead us by its strength and beauty. Conversely, when we carry on an in-depth analysis of the studies about this civilization we may grasp that alongside this alleged world of light and brightness a world of shadows and violence subsisted – predominantly in Athens, where the first democratic state emerged. The Athenian government failed to establish a reliable political administration of the City. The remedy for that situation (...) was to relegate trust only on those who detained awareness, which have the true knowledge: for Plato, wisdom is the crucial measure for recognizing whether one has the decision-making ability. (shrink)

Globalization and the digital revolution are transforming human civilization in unprecedented ways, in large measure via innovation as well as imposition of emergent technologies on growing numbers of consumers. While these transformations confer undeniable benefits to humanity, the benefits are bundled with a corresponding set of detriments. This paper does not contest the benefits, but confronts the detriments. It appeals to humanities therapy as a remedy for many of the cognate problems experienced by individuals and societies alike, problems that stem (...) from overexposure to technologies and underexposure to humanities. (shrink)

Justice is not only about punishing the perpetrators but also protecting the rights of their victims. Corruption is not a victimless crime! Therefore, the main intention of this paper is to enlighten that protecting the rights of the victims of corruption is one of the crucial battles in the war against corruption. Wining this battle during the pandemic Covid-19 is grinding but of vital importance at the same time! Corruption has already been a remaining concern in the Republic of Kosovo. (...) Notwithstanding, the situation with the pandemic Covid-19 has made the justice system, and not only, more fragile. Consequently, we are currently living in a perfect environment for corruption acts where the victims of corruption are not acknowledged and sometimes even “garbled” with the victims of Covid-19! It is important more than ever to ensure effective remedies for persons who have suffered from corruption acts including the possibility of compensation for their damage. Indeed, the Republic of Kosovo is not a state party of the Civil Law Convention on Corruption. Yet this convention shall be the guide for establishing such legal avenues while the good practices of the United Kingdom and the French Republic shall be the aim and motivation for this. (shrink)

Part I. Concepts and contexts -- Diplomas -- Democracy -- Education as a cleavage -- Part II. Contours -- The education gap in political participation -- The meritocratization of civil society -- Political elites as educational elites -- Part III. Consequences -- The consequences of diploma democracy -- Remedying diploma democracy.

This book explores how the weather and city-form impact the mind, and how city-form and mind interact. It builds on Merleau-Ponty's contention that mind, the human body and the environment are intertwined in a singular composite, and on Walter Benjamin's suggestion that mind and city-form, in mutual interaction, through history, have set the course of civilization. Bringing together the fields of philosophy, urbanism, geography, history, and architecture, the book shows the association of existentialism with prevalence of mood disorder in Northern (...) Europe at the close of Little Ice Age. It explains the implications of city-form and traces the role of the myths and allegories of urban design as well as the history of gender projection onto city-form. It shows how urbanization in Northern Europe provided easier access to shelter, yet resulted in sunlight deprivation, and yielded increasing incidence of depression and other mental disorder among the European middle-class. The book uses the examples of Kierkegaard, Nietzsche, Dostoevsky and Kafka, to show how walking through the streets, squares and other urban voids became the informal remedy to mood disorder, a prominent trait among founders of modern Existentialism. It concludes by describing how the connection of anguish and violence is relevant to winter depression in cities, in North America in particular. (shrink)

This paper addresses the views of R.G. Collingwood and Theodor Adorno on the role of amusement and art in what each of them saw as the crisis of contemporary Western civilization. We will begin by showing how the aesthetic theories of Collingwood and Adorno develop out of their shared concerns about the harmful effects of amusement and bad art on the consciousness of human beings. We will argue that a productive dialogue between these two figures clarifies that the value of (...) art consists in its ability to remedy the corruption of the mental and emotional lives of human beings and in helping to fashion a different social and political order. As part of this, we will show how, despite appearances, Adorno's aesthetic cognitivism and Collingwood's expression theory of art agree with and complement one another in significant ways. In establishing this point, this work will leave us with an understanding of art that is more comprehensive and better equipped to address the crisis of contemporary Western society. (shrink)

Space being the precondition for human existence, human perception and experience vary responding to different spaces. Modern urban dwellers live in urban space where they seem to have much space mobility but end up living in a homogenized concrete jungle. This fact has influenced, if not defined, modern urban dwellers’ life experience and caused their anxieties about such an existence. However, wilderness, as opposed to urban space, is not merely a type of space, but a way of existence relating to (...) diversity, freedom, and healthy savagery. Civilizational evolution explains the change of human perception of wilderness from fear and desire to conquer to longing and affection, and in this sense the history of the evolution of space perception is also a history of civilization because space and culture are entwined and the more diversified the types of human living space, the more diversified their existences. In the contemporary world, the significance of wilderness not only lies in its resistance to the aforementioned homogenized, unidimensional, urban human existence, but the civilization of wilderness points to a new form of civilization that is intrinsically different from technological civilization for whose disease the civilization of wilderness per se may serve as a possible remedy. (shrink)

This chapter examines the rapidly developing global institutional frameworks for corporate sustainability occurring in response to imminent climate change. Corporations need to engage fully and responsibly in the urgent tasks of adaptation and amelioration required to remedy the damage caused by their earlier externalization of the costs of emissions and other pollution and reach for the objective of eliminating future carbon emissions. Guiding and facilitating this immense paradigm shift in corporate sustainability is a vast framework of international and civil (...) institutions focusing on different elements of the transformation process. The resulting widening scope of corporate directors’ duties in this more dangerous context is considered. Finally, the remarkable burgeoning of international institutions and agencies advising and monitoring corporations on climate change, carbon disclosure, responsible investment, and integrated reporting are examined. Collectively, this huge and multifaceted effort by both business and civil society, by all the agencies and initiatives discussed, represents a great advance in the campaign for corporate environmental, social, and governance responsibility. The ideals manifested are often exemplary, and whatever weaknesses and limitations revealed in the complex challenges these initiatives face, in aggregate, the initiatives do represent a significant institutional development in the cause of corporate responsibility. (shrink)

The article analyzes one of the fundamental rights – the right to maintenance, which proper implementation ensures normal development of the child. This right matches with the duty of parents to maintain their minor children. Paragraph 6 of Article 38 of the Constitution of the Republic of Lithuania states that parents have a duty to educate their children to be honest people and loyal citizens, supporting them until adulthood. The obligation to maintain children is established in the first 3.192 Article (...) paragraph of the Civil Code of the Republic of Lithuania, and the responsibility for avoiding to maintain a child is provided in Article 164 of the Criminal Code. The article discusses the fact that the analysis of criminal law rate is not precise enough. Article 164 of the Criminal Code does not match with the child maintenance methods specified in the CC Article 3.196 paragraph 1. Since criminal liability is only for judgment in default in civil cases, a person shall only be liable for breaking the right to maintain a child, provided in the CC 3.196 paragraph 1. This article deeply analyzes the problematic qualification aspects of the avoidance to maintain a child. Some alternative ways of child maintenance are mentioned, as can be chosen from other law instruments (bailiffs, Guarantee child support fund) and it leads to the ultima ratio principle. On the other hand, it is not required to seek alternative remedies for affected interests, and it is possible to initiate a pre-trial investigation. Therefore, this article seeks to identify specific civil and criminal law rules delimitation. Avoidance of child maintenance is an ongoing crime. The main problem in legal practice is to determine an end of this ongoing criminal conduct. The practice of the Supreme Court of Lithuania is not unanimous. In some cases, the end of this ongoing conduct is considered to be a moment when the past judgment has entered into force, in other cases – the moment of indictment. These positions are criticized by many authors and it is suggested to follow the Supreme Court’s practice, according to which the moment when a judgment of conviction for the criminal act is passed should be considered as an end of an ongoing criminal conduct. (shrink)