In recent years, foreign language learning has been proposed as a possible cognitive intervention for older adults. However, the brain network and cognitive functions underlying FLL has remained largely unconfirmed in older adults. In particular, older and younger adults have markedly different cognitive profile—while older adults tend to exhibit decline in most cognitive domains, their semantic memory usually remains intact. As such, older adults may engage the semantic functions to a larger extent than the other cognitive functions traditionally considered the (...) most important. Using anatomical measurements and a cognitive test battery, the present study examined this hypothesis in twenty cognitively normal older adults, who participated in a two-month Italian learning programme. Results showed that the immediate learning success and long-term retention of Italian vocabularies were most consistently predicted by the anatomical measures of the left pars orbitalis and left caudal middle frontal cortex, which are implicated in semantic and episodic memory functions. Convergent evidence was also found based on the pattern of cognitive associations. Our results are consistent with a prominent role of semantic and episodic memory functions in vocabulary learning in older learners. (shrink)

We prove convergence laws for logics of the form equation image, where equation image is a properly chosen collection of generalized quantifiers, on very sparse finite random structures. We also study probabilistic collapsing of the logics equation image, where equation image is a collection of generalized quantifiers and k ∈ ℕ+, under arbitrary probability measures of finite structures.

The purpose of the paper is to examine free trade in Islamic law.

This book explores the question of how international law is applied by domestic courts. Through case studies and analysis the contributors consider how traditions and diversity affect the interpretation of international law, from a mixture of doctrinal, practical, and theoretical approaches.

BackgroundAfrica continues to bear a disproportionate share of the global HIV/AIDS, tuberculosis (TB) and malaria burden. The development and distribution of safe, effective and affordable vaccines is critical to reduce these epidemics. However, conducting HIV/AIDS, TB, and/or malaria vaccine trials simultaneously in developing countries, or in populations affected by all three diseases, is likely to result in numerous ethical challenges.MethodsIn order to explore convergent ethical issues in HIV/AIDS, TB and malaria vaccine trials in Africa, the Ethics, Law and Human Rights (...) Collaborating Centre of the WHO/UNAIDS African AIDS Vaccine Programme hosted a consultation on the Convergent Ethical Issues in HIV/AIDS, TB and Malaria Vaccine Trials in Africa in Durban, South Africa on the 10-11 February 2009.ResultsKey cross cutting ethical issues were prioritized during the consultation as community engagement; ancillary care obligations; care and treatment; informed consent; and resource sharing.ConclusionThe consultation revealed that while there have been few attempts to find convergence on ethical issues between HIV/AIDS, TB and malaria vaccine trial fields to date, there is much common ground and scope for convergence work between stakeholders in the three fields. (shrink)

The ‘convergence conception’ of political liberalism has become increasingly popular in recent years. Steven Wall has shown that convergence liberals face a serious dilemma in responding to disagreement about whether laws are publicly justified. What I call the ‘conjunctive approach’ to such disagreement threatens anarchism, while the ‘non-conjunctive’ approach appears to render convergence liberalism internally inconsistent. This paper defends the non-conjunctive approach, which holds that the correct view of public justification should be followed even if some (...) citizens do not consider enacted laws to be publicly justified. My argument sheds light on the fundamental structure of convergence liberalism. (shrink)

ABSTRACTFeminists have long criticized Rousseau for his patriarchal political theory. But when his lesser-known writings on women from the 1740s are taken into account, including a nearly 900-page manuscript critiquing Montesquieu from a feminist perspective, we see how the early Rousseau robustly converged in feminist ideas with his employer Madame Louise Dupin, before he gradually diverged from this egalitarian school of thought over the course of the 1750s. I add to the evidence of the early Rousseau’s egalitarian response to ‘the (...) woman question’ by showing his philosophical convergence with the feminist arguments of the anonymous ‘Critique of the Spirit of the Laws’ as well as Madame Dupin’s ‘Ouvrage sur les femmes’ – manuscripts largely in his secretarial hand. Through this triangulation of understudied texts, we find that the early Rousseau was not a patriarchal apologist, but rather a feminist secretary and a secretary to a feminist. (shrink)

Stephen Jay Gould argued that replaying the ‘tape of life’ would result in radically different evolutionary outcomes. Recently, biologists and philosophers of science have paid increasing attention to the theoretical importance of convergent evolution—the independent origination of similar biological forms and functions—which many interpret as evidence against Gould’s thesis. In this paper, we examine the evidentiary relevance of convergent evolution for the radical contingency debate. We show that under the right conditions, episodes of convergent evolution can constitute valid natural experiments (...) that support inferences regarding the deep counterfactual stability of macroevolutionary outcomes. However, we argue that proponents of convergence have problematically lumped causally heterogeneous phenomena into a single evidentiary basket, in effect treating all convergent events as if they are of equivalent theoretical import. As a result, the ‘critique from convergent evolution’ fails to engage with key claims of the radical contingency thesis. To remedy this, we develop ways to break down the heterogeneous set of convergent events based on the nature of the generalizations they support. Adopting this more nuanced approach to convergent evolution allows us to differentiate iterated evolutionary outcomes that are probably common among alternative evolutionary histories and subject to law-like generalizations, from those that do little to undermine and may even support, the Gouldian view of life. (shrink)

According to political liberalism, laws must be justified to all citizens in order to be legitimate. Most political liberals have taken this to mean that laws must be justified by appeal to a specific class of ‘public reasons’, which all citizens can accept. In this paper I defend an alternative, convergence, model of public justification, according to which laws can be justified to different citizens by different reasons, including reasons grounded in their comprehensive doctrines. I consider (...) three objections to such an account—that it undermines sincerity in public reason, that it underestimates the importance of shared values, and that it is insufficiently deliberative—and argue that convergence justifications are resilient to these objections. They should therefore be included within a theory of political liberalism, as a legitimate form of public justification. This has important implications for the obligations that political liberalism places upon citizens in their public deliberations and reason-giving, and might make the theory more attractive to some of its critics, particularly those sympathetic to religious belief. (shrink)

Public reason liberals argue that coercive social arrangements must be publicly justified in order to be legitimate. According to one model of public reason liberalism, known as convergence liberalism, this means that every moderately idealized member of the public must have sufficient reason, of her own, to accept the arrangement. A corollary of this Principle of Public Justification is that a coercive social arrangement fails to be legitimate so long as even one member of the public fails to have (...) sufficient reason to endorse the arrangement. This high bar for justification has led many critics, most notably David Enoch, to argue that convergence models are incapable of vindicating liberalism. They argue that in a sufficiently diverse society, there will always be someone for whom an arrangement is not justified, and therefore convergence liberalism leads to anarchy – the view that no law or coercive social arrangement is legitimate. Other critics accept that convergence liberalism could vindicate core liberal institutions but nothing more, and thus argue that the view makes libertarians effective “dictators”. In either case, critics hold that this objection is sufficient to reject convergence liberalism, either in favor of alternative public reason views or as a means of rejecting all public reason views. In this paper I argue that convergence liberalism can overcome this anarchy objection. I show that the objection largely rests on misinterpretations of convergence liberalism, and thus clarify aspects of the theory. However, I also show that internal debate over the scope of public justification – what stands in need of justification – must be resolved in favor of a wide scope, encompassing both State-based and non-State-based coercion, in order to overcome the anarchy objection. Therefore, my response to the anarchy objection has implications for how convergence liberalism should be developed going forward. (shrink)

This chapter contains sections titled: Law Morality From Morality to Law From Law to Morality Converging Law and Morality Diverging Law and Morality: Beyond the Liberal Model References Further reading.

In [9] we introduced a new framework for asymptotic probabilities, in which a $\sigma-additive$ measure is defined on the sample space of all sequences $A = $ of finite models, where the universe of An is {1, 2, .., n}. In this framework we investigated the strong 0-1 law for sentences, which states that each sentence either holds in An eventually almost surely or fails in An eventually almost surely. In this paper we define the strong convergence law for (...) formulas, which carries over the ideas of the strong 0-1 law to formulas with free variables, and roughly states that for each formula φ(x), the fraction of tuples a in An, which satisfy the formula φ(x), almost surely has a limit as n tends to infinity. We show that the infinitary logic with finitely many variables has the strong convergence law for formulas for the uniform measure, and further characterize the measures on random graphs for which the strong convergence law holds. (shrink)

Beginning by offering an overview on legal aesthetic humanisms as a specific embodiment of critical discourse, and discussing the ways the recreation of juridical experience, rationality, and culture underpinning such a criticism, leaving behind monolithic views on textuality, judgment, and subjectivity, positively contributes to unsettling the main assumptions underlying typical understandings of law’s autonomy—mostly those of formal specification of juridical “sources” and “scientific” isolation of legal thought—, this paper argues that simply reproducing aesthetic heterodoxy as the epitome of a humanist (...) ‘alternative to law’, without first debating the very orthodox-heterodox binomial, ends up overlooking the discursive and methodological specificity of law, as a particular experience of practical and normative validity. In this way, it introduces, from an axiological-normative and juridically oriented standpoint, a different—jusaesthetic—argument for re-examining the relationship between law’s praxis, nomos, and community. (shrink)

Examples, mainly from research in current physics, are used to examine and illustrate the network of factors which produce in scientific debate a convergence of opinion to a generally accepted set of laws and theories. Also addressed is the question of the reliability of these general theories as a faithful representation of the complexity of physical reality.

Compared to standard liberal approaches to public reason and justification, the asymmetric convergence model of public justification allows for the public justification of laws and policies based on a convergence of quite different and even publicly inaccessible reasons. The model is asymmetrical in the sense of identifying a broader range of reasons that may function as decisive defeaters of proposed laws and policies. This paper raises several critical questions about the asymmetric convergence model and its (...) central but ambiguous presumption against coercion. By drawing on the theory of structural coercion, a main conclusion of the paper is that the asymmetric convergence model ultimately encounters the very incompleteness problems that its proponents often associate with more familiar consensus models of public justification. The paper also develops an alternative, Rawlsian-inspired account of public justification that includes elements of both convergence and consensus but not asymmetry. The Rawlsian model enables us to understand how democratic decisions may possess a degree of procedural, but still morally significant, liberal legitimacy under conditions of pluralism even when citizens fail to agree fully about either the premises of or conclusions to their political arguments. (shrink)

This contribution focuses on two claims advanced by the proponents of the project of “Converging Technologies for Improving Human Performance.” Firstly, it is maintained that this project represents something genuinely new and quite unique. Secondly, it is argued that the future prospects of the project are extraordinarily positive. In order to critically assess both claims this paper first focuses on the question of whether there is actually anything genuinely new about the project of improving human performance by means of converging (...) NBIC technologies. In addition it is analyzed whether the project warrants that we be optimistic about its future prospects. (shrink)

The process of economic globalization has over the years accelerated the pace of labour policy convergence. In the Indian context, labour law since 1991 has witnessed a paradigm shift while embracing a policy of global integration. The ambit of labour relations is now being related with private practice or the informal settings, leading to multiple concerns over labour justice and security. In compliance with global standards, the continuous emphasis upon labour flexibility characterised by flexible labour employment, performance based remuneration, (...) increasing portion of casual labour, has raised several concerns. This paper is an attempt to highlight the attempted and achieved labour law policy convergence in India, coupled with a few suggestions for balance in global national comittments towards labour welfare. (shrink)

In this paper, I shall be concerned with public justification of law in what John Rawls calls "ideal theory." Ideal theory is generally so called because it depends upon idealizing assumptions, such as the assumption of citizens' perfect compliance with laws and principles of justice. A theory can, however, be ideal in another sense of that term. It can identify conditions that must be met for a society to realize various moral or political ideals. I am interested in the (...) conditions under which a liberal democracy realizes what Rawls calls "the ideal of public reason." The nature and role of this ideal in Rawls's thought have remained somewhat obscure. I begin by clarifying them. (shrink)

On January 1, 2006, Medicare Part D prescription drug coverage was initiated. Concern was immediately voiced by the American Association of Retired Persons (AARP) and Families USA that, in response to this program, the pharmaceutical industry may raise prices for drugs most often used by the elderly. This article examines the ethical implications of a revenue-maximizing pricing strategy in an industry in which third party financing mitigates an end product's true cost to the user. The perspectives of three stakeholder groups (...) are examined: the elderly, as consumers of prescription drugs, the pharmaceutical industry, as product manufacturer and beneficiary of derived profits, and the total U. S. population, as the ultimate payer for the program via tax revenues. Key questions explored include the relationships among price strategy and access to drugs at both the micro (Medicare cohort) and macro (total population) levels, and on drug development or enhancement. The role of profit in a capitalism-based health care system is also examined. Hospital industry impact on these same stakeholder groups in response to the original 1965 Medicare law is used to compare and contrast possible outcomes of the new drug program. It is predicted that pharmaceutical firms will mimic the hospital industry, adopting a price maximizing strategy for drugs covered by the program. In the process, a utilitarian effect occurs: the benefits of increased access and diffusion of drugs counterbalance inequities in financing Medicare Part D. (shrink)

Since Leibniz's time, Cartesian mental causation has been criticized for violating the conservation of energy and momentum. Many dualist responses clearly fail. But conservation laws have important neglected features generally undermining the objection. Conservation is _local_, holding first not for the universe, but for everywhere separately. The energy in any volume changes only due to what flows through the boundaries. Constant total energy holds if the global summing-up of local conservation laws converges; it probably doesn't in reality. Energy (...) conservation holds if there is symmetry, the sameness of the laws over time. Thus, if there are time-places where symmetries fail due to nonphysical influence, conservation laws fail there and then, while holding elsewhere, such as refrigerators and stars. Noether's converse first theorem shows that conservation laws imply symmetries. Thus conservation trivially nearly entails the causal closure of the physical. But expecting conservation to hold in the brain simply assumes the falsehood of Cartesianism. Hence Leibniz's objection begs the question. Empirical neuroscience is another matter. So is Einstein's General Relativity: far from providing a loophole, General Relativity makes mental causation _harder_. (shrink)

The worldwide rise of the Value-Added Tax over the last half-century is emblematic of the paradox in modern tax systems: their remarkable similarity in the face of divergent political, cultural and social systems. However, efforts to introduce VAT-style taxes have frequently been accompanied by fierce localized resistance. The histories of VAT reform in Australia, Canada and the United States encapsulate the tension that arises from a tendency among developed tax systems to converge against frequent and often fierce localized opposition. This (...) tension speaks to a key debate in the public policy and comparative law literature concerning the transferability of policy ideas or legal instruments across jurisdictions. The Article details the history of VAT reform in Australia, Canada and the United States over a period of four decades, 1965-2005, where the global uptake of the VAT was at its highest, but where VAT reform in each jurisdiction was highly controversial. The Article concludes with an assessment of the factors that contribute towards tax policy convergence and localized resistance. (shrink)

In the second half of the twentieth century, a surprising change in the notion of scientific truth gained ground when an evolutionary cosmology made the Newtonian world machine into no more than a passing phase of the cosmos, subject to exceptions in the neighborhood of Black Holes and other unusual objects. Physical and chemical laws ceased to be eternal and universal and became local and changeable, that is, fundamentally historical instead, and faced an uncertain, changeable future just as they (...) had in the initial phases of the cosmos.The earth sciences along with biology had become historical in the nineteenth century; and the Big Bang cosmology in effect brought physics and chemistry into line, allowing venturesome intellects to concoct a new all-embracing worldview that recognizes the catalytic role of the observer in defining what is observed, and how different levels of local complexity provoke new and surprising phenomena--including terrestrial life forms, and most notably for us, humanly-constructed symbolic meanings--of which science is only one example.The article then argues that it is time for historians to take note of the imperial role thus thrust upon their discipline by making a sustained effort to enlarge their views and explore the career of humankind on earth as a whole, thus making human history an integral part of the emerging scientific and evolutionary worldview.Tentative suggestions of how this might be addressed, focusing on changes in patterns of communication that expanded the scale of human cooperation, and thus conduced to survival, follow. Dance, then speech, were early breakthroughs expanding the practicable size of wandering human bands; then caravans and shipping allowed civilizations to arise; writing expanded the scale of coordination; warfare and trade harshly imposed best practice across wide areas of Eurasia and Africa and kept the skills of that part of the world ahead of what the peoples of other continents and islands had at their command. Then with the crossing of the oceans after 1492 our One World began to emerge and swiftly assumed its contemporary shape with further improvements in the range and capacity of communication--for example, printing, mechanically-powered transport, instantaneous data transmission--with consequences for human society and earth's ecosystem yet to be experienced.Much remains to be investigated and, in particular, interactions between the history of human symbolic meanings and the history of other equilibria--ecological, chemical, physical--within which we exist needs further study. But with suitable effort, history can perhaps become scientific and the emerging scientific evolutionary worldview begin to achieve logical completeness by bringing humankind within its scope. (shrink)

Several philosophers argue for the ‘convergence thesis’ for positional goods: prioritarians, sufficientarians, and egalitarians may converge on favouring an equal (or not too unequal) distribution of goods that have positional aspects. I discuss some problems for this thesis when applied to two key goods for which it has been proposed: education and wealth. I show, however, that there is a variant of the thesis that avoids these problems. This version of the thesis is significant, I demonstrate, because it applies (...) to a person’s status as a citizen, which I suggest is the central concern of social or ‘relational’ egalitarianism. (shrink)

It is increasingly clear that law and its enforcement in Victorian Britain were quite effective in tackling formative industrial problems concerning pollution and broader threats to nature. What is unclear is the political philosophy, if any, underlying this historic achievement. A prevalent view is that early ‘environmental’ law lacked any philosophical underpinning. The article revisits this issue with reference to Dicey’s analysis of 19th century ‘law-making public opinion’. Dicey identified three broad streams of seminal opinion that, he argued, shaped (...) class='Hi'>laws as the century unfolded. The early part of the century was dominated by ‘Old Toryism’, including the romantic conservatism associated with Samuel Taylor Coleridge. This then gave ground to ‘Benthamism’ which in turn ceded dominance to ‘collectivism’. Whilst Dicey ignored laws relating to the environment, I argue that this is not because these presented a particular difficulty for his thesis. Indeed, all three seams of ‘law-making opinion’ converged around the legal protection of nature to offer a rich and diverse philosophical foundation for environmental law. (shrink)

Empowerment is a key word in Catherine Audard’s new book on Rawls and a central characteristic of Rawls’ approach to justice. A very different “hermeneutic” approach to justice is presented by Paul Ricoeur, the French philosopher and theologian who, against the background of his own work, examined Rawls’ views in several publications. This essay compares the two views and defends the proposition that empowerment is the common denominator. The author suggests that Rawls would not have objected to including some of (...) Ricoeur’s ideas in the past-principle stage of his Theory. (shrink)

The techno-scientific development has no frontier, but the legal systems still take roots in local and cultural references. French Law is built on a continental model and conveys values and preferences of the French population, including an essential role given to the State and to textual requirements. Until now, French law has been modified to cope with new and emerging technologies issues with the idea that they can be taken one after the other, on the fringes of the classic legal (...) problems. Do the announcement of a convergence between Nanotechnologies, Biotechnologies, the sciences of Information and Cognition (NBIC) change the situation? According to “converging technologies” partisans, a lot of other deep perturbations may occur. Therefore, it could be pertinent to assess the legal implications of NBIC convergence. But trying to do so, a French legal scholar may first feel (and express) perplexity. What is the “convergence NBIC”? To answer, do we have to wonder which reality hides behind the expression or is it necessary to admit that the speeches are here more important to analyze than a hypothetical realization? Does it imply new legal questions? Do we need new methods to enlighten what is at stake? Is it a new challenge, stimulating the imagination of lawyers and legal scholars, or, on the contrary, is it a new illustration of the Economy of the promises, revealing big risks of vain (or inappropriate) intellectual and normative production? This article is dedicated to enlighten the important difficulties which mark out the road towards the answers to the legal questions raised by the “NBIC convergence”. (shrink)

In 2001, Le Bars proved that there exists an existential monadic second-order sentence such that the probability that it is true on [Formula: see text] does not converge and conjectured that, for EMSO sentences with two first-order variables, the zero–one law holds. In this paper, we prove that the conjecture fails for [Formula: see text], and give new examples of sentences with fewer variables without convergence.

The paper explores the role and meaning of maṣlaḥa and its possible appropriation in the field of Islamic legal and economic thought, as laid down by various medieval and contemporary Muslim scholars. Questions that are pertinent to the research are the following: how has maṣlaḥa been incorporated in legal reasoning and what kind of meaning does it convey; what type of economic reading does it presuppose; do ethics, law, and scriptural sources play equally important role as reference in developing the (...) concept in economic terms, are some of the questions that this paper will try to provide answer to. Further, as there is a tendency to believe that Islamic economic thought cannot be equated only with legal and juridical underpinnings, it is pertinent to pose a question if economic ideas have flourished independently from its legal framework. Maṣlaḥa in its capacity has always remained part and parcel of Islamic legal theory, and has been rarely addressed within the frame of economic thought; therefore a new reading is required to deal with the position of economic teachings within Islamic tradition. The paper consists of three sections, whereby the contributions made by Muslim medieval scholars on Islamic economics will be presented. The first chapter provides a historical overview of Islamic law and the concept of maṣlaḥa in relation to the field of Islamic economics, including Abu Hamid al-Ghazali’s monumental Iḥya ‘ulūm al dīn, which presents a milestone in converging Sufi ethical teachings of Islam in accordance with the legal methodology of Islamic law. The second part aims to discern and examine the economic jurisprudence and economic theory in Islam as it is understood by some of the mainstream theoreticians of Islamic studies, advocating the view that Islamic economics is inextricably related to the gist of Islamic legal reasoning. In this section the ideas of Muhammad Baqr al-Sadr will be presented as he proposes a new reading of Islamic economics as a doctrine and not a science. The third part questions Islamic legal establishment and its normativity, the claim that legal norms have always been part of the Islamic economic reasoning. This claim rests upon the idea that Islamic legal patterns were also socially constructed, including some aspects of Islamic economic reasoning. Concluding remarks will draw upon the idea that despite the fact that Islamic legal and economic literature are based upon the religious scriptures of Islam, the Qur’an and Tradition, it is more appropriate to claim that they rest upon the ethical cosmology that surpasses purely theological concerns. (shrink)

Computational social science, as an emerging interdisciplinary discipline, is a field ushered in by long-term development of traditional social science. It is committed to supplying data thinking, resources, and analytics to study human social behavior and social operation laws to accurately grasp and judge the developing path of the discipline, which is of great significance to promote the innovation and development of social sciences. This study is to conduct a systematic quantitative analysis from a bibliometric perspective, aiming to provide (...) a reference for scholars to explore the paths and changing rules in the field. We use the relevant literature in Web of Science as the dataset. After eliminating journal calls and irrelevant literature, R language and SciMAT tools are used to visualize and analyze the number of articles, keyword clustering, keyword cooccurrence network, and theme evolution, so as to summarize and sort out the paths of computational social science research. The study found that the annual volume of publications has been gradually increasing and will probably remain active in the next few years with high productivity. Subject themes in different periods are diversified, and the evolutionary relationship is found complex as well. Besides, as a cross discipline, scientific knowledge from different fields cross collides and couples with each other in the big data environment, changing the traditional concept of computational social science and forming a new development path. Recently, the emergence of “big data+” has promoted the rise of new subject areas, making the development of new disciplines a reality. (shrink)

Our concern in this essay are the roles of religious conviction in what we call a “publicly justified polity” — one in which the laws conform to the Principle of Public Justification, according to which (in a sense that will become clearer) each citizen must have conclusive reason to accept each law as binding. According to “justificatory liberalism,”1 this public justification requirement follows from the core liberal commitment of respect for the freedom and equality of all citizens.2 To respect (...) each as free and equal requires that no one simply be forced to submit to the judgments of others as to what she must do. Laws must be justified to those subject to them — each must accept grounds that justify the law. As Kant indicated, if such a condition is achieved, each is both subject and legislator: each is subject to the law, yet each legislates the law, and so all our free and equal under the law.3 Now it would appear that if we are to justify laws to each and every person, the reasons for these laws must be “accessible to all.”4 Religious reasons, however, are not shared by everyone, and may be inaccessible to some: they would thereby seem inappropriate in public justification. On the face of it, justificatory liberals seem committed to expunging religious-based reasoning from political justification. Not surprisingly, this apparent commitment of justificatory liberalism is adamantly rejected by many citizens of faith who consider themselves liberals. These citizens embrace the traditional liberal freedoms and rights and, moreover, reject any suggestion that a legitimate polity might seek to establish a religion, much less a theocracy. Yet they.. (shrink)

Abstract. For the past two decades, I have been developing an integrative Christian marriage theory, based in part on a grounding concept of natural law and an overarching theory of covenant. The natural law part of this theory starts with an account of the natural facts, conditions, interests, needs, and qualities of human life, interaction, and generation—what I call the “premoral” goods or realities of life. It then identifies the natural inclinations of humans to form enduring and exclusive monogamous marriages (...) and to preserve these units as the central site for intimacy, procreation, and nurture of children. In this paper, I first summarize this natural law theory of marriage and then compare it to the formulations of other modern Christian thinkers. I also defend this theory against various modern critics of natural law—in part by reinterpreting some traditional natural law teachings that in my view have been misunderstood, in part by looking at the interesting convergences between the insights into sex, marriage, and family life offered by contemporary Christian theological ethicists and by evolutionary biologists and biological anthropologists. (shrink)

Despite many significant points of intersection between his work and that of Hannah Arendt, the legal scholar Robert Cover largely declined to engage her perspective, which posed major challenges to his own. While scholars seeking to rethink Cover's legacy in order to develop a jurisprudence of violence have criticized Cover's acquiescence to the Hobbesian model of the sovereign state, they have similarly ignored Arendt's critique of the Hobbesian model and her attempts to build an alternative to it. This article examines (...) central issues of convergence and divergence between Arendt's and Cover's approaches to law, politics, and violence with the aim to redress this neglect of Arendt's perspective. It begins by focusing on their interpretations of the role and significance of the courtroom trial. It then compares their analysis of the character, effects, and implications of domination as a type of organized power and as a means of conceptualizing punishment, before it concentrates on their instrumental conception of violence, the issue of justification, and its relationship to power. The article concludes by arguing that Arendt's approach, which situates an analysis of law and violence within a broader critique of modernity, provides a more trenchant critical framework for examining the rise of the carceral state than does Cover's. (shrink)

Ronald Dworkin argues that disagreement in hard cases is ‘theoretical’ rather than empirical and of central importance to our understanding of law, showing ‘plain fact’ theories such as H. L. A. Hart’s sophisticated legal positivism to be false. The argument from theoretical disagreement targets positivism’s commitment to idea that the criteria a norm must meet to be valid in a given jurisdiction are constituted by a practice of convergent behavior by legal officials. The ATD suggests that in hard cases there (...) is no such pattern of convergent behavior. Positivists are divided over the force of the ATD. Much of this disagreement over the force of the ATD can be understood as disagreement over just what it is that legal officials disagreeing ‘theoretically’ are disagreeing about. Once the scope of empirical and theoretical disagreements are more accurately plotted, we will see that the actual disagreements that occur in hard cases are not ones which threaten a deeper and pervasive pattern of convergent behavior, one which focuses not upon rules specifying criteria of legal validity, but instead upon broad processes for making, interpreting, and applying law. Such an account remains positivist, relying on the social fact that there is such a consensus, but allows for considerable disagreement among legal officials deciding cases within such procedures. (shrink)

From the perspective of Marek J. Siemek’s theory of modernity, one of the most important problem is to include conflicts into institutional framework of the modern society. He reinterprets Hegel’s dialectics of the struggle for recognition by conceptual tools of Hobbes and Marx in order to uncover hidden assumptions and conditions of possibility of the social rationality. For Siemek, law as purely formal, autopoetic social system or social subject, which produces individual subjects, is the first of the conditions of possibility (...) of modernity. The second one is the convergence of formal and material presuppositions of law—or, speaking generally—the convergence of form and content of the social reason. Form and content, facticity and normativity, instrumentality and communicativity are aspects of the process of rationalization andof the only one reason, self-generating in the history. So for Siemek, the Hegelian model of the struggle for recognition gains its theoretical power only when it is interpreted from the perspective of economical, technical and legal rationalization of modernity. Only such perspective is able to construct “the transcendental social philosophy” which starts from critique of “the non-instrumental reason”. (shrink)

This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts,it can, and should, also be the object and the forum of further moral conflicts. There is (...) more to the rule of law than convergence and determinacy and it is important therefore to question the importance of agreement in law and politics. By addressing in detail issues pertaining to the nature and sources of disagreement, its extent and significance, as well as the procedural, institutional and substantive responses to disagreement in the law and their legitimacy, this book suggests the value of a comprehensive approach to thinking about conflict, which until recently has been analysed in a compartmentalized way. It aims to provide a fully-fledged political morality of conflict by drawing on the analysis of topical jurisprudential questions in the new light of disagreement. Developing such a global theory of disagreement in the law should be read in the context of the broader effort of reconstructing a complete account of democratic law-making in pluralistic societies. The book will be of value not only to legal philosophers and constitutional theorists, but also to political and democratic theorists, as well as to all those interested in public decision-making in conditions of conflict. (shrink)

Examines the possibility of converging support for animal well being rendered by a non-standard version of new classical natural law theory and the kind of institutional framework suggested by spontaneous-order natural law theory. Argues that non-state mechanisms consistent with the latter kind of natural law theory could maintain the rights defended by the former.

The paper explores the role and meaning of maṣlaḥa and its possible appropriation in the field of Islamic legal and economic thought, as laid down by various medieval and contemporary Muslim scholars. Questions that are pertinent to the research are the following: how has maṣlaḥa been incorporated in legal reasoning and what kind of meaning does it convey; what type of economic reading does it presuppose; do ethics, law, and scriptural sources play equally important role as reference in developing the (...) concept in economic terms, are some of the questions that this paper will try to provide answer to. Further, as there is a tendency to believe that Islamic economic thought cannot be equated only with legal and juridical underpinnings, it is pertinent to pose a question if economic ideas have flourished independently from its legal framework. Maṣlaḥa in its capacity has always remained part and parcel of Islamic legal theory, and has been rarely addressed within the frame of economic thought; therefore a new reading is required to deal with the position of economic teachings within Islamic tradition. The paper consists of three sections, whereby the contributions made by Muslim medieval scholars on Islamic economics will be presented. The first chapter provides a historical overview of Islamic law and the concept of maṣlaḥa in relation to the field of Islamic economics, including Abu Hamid al-Ghazali’s monumental Iḥya ‘ulūm al dīn, which presents a milestone in converging Sufi ethical teachings of Islam in accordance with the legal methodology of Islamic law. The second part aims to discern and examine the economic jurisprudence and economic theory in Islam as it is understood by some of the mainstream theoreticians of Islamic studies, advocating the view that Islamic economics is inextricably related to the gist of Islamic legal reasoning. In this section the ideas of Muhammad Baqr al-Sadr will be presented as he proposes a new reading of Islamic economics as a doctrine and not a science. The third part questions Islamic legal establishment and its normativity, the claim that legal norms have always been part of the Islamic economic reasoning. This claim rests upon the idea that Islamic legal patterns were also socially constructed, including some aspects of Islamic economic reasoning. Concluding remarks will draw upon the idea that despite the fact that Islamic legal and economic literature are based upon the religious scriptures of Islam, the Qur’an and Tradition, it is more appropriate to claim that they rest upon the ethical cosmology that surpasses purely theological concerns. (shrink)

Among the most surprising claims in The Methods of Ethics is Sidgwick’s assertion that his key ethical axioms are corroborated by Kant. This article analyses Sidgwick’s claim that his axioms of justice and benevolence closely correspond to particular features in Kant. I shall argue that his claim of agreement with Kant was a serious overstatement. In particular, the restrictions which Sidgwick places on his acceptance of Kant’s universal law formula of the categorical imperative (FUL) seem to call into question whether (...) the alleged convergence with the axiom of justice has a solid basis. Further, Sidgwick seemed unaware of a crucial aspect of Kant’s conception of the humanity formula that constitutes a substantial divide between their views on benevolence. The upshot is that the divide between Kantian and Sidgwickian ethics appears deeper than Sidgwick seemed to realize. This analysis is confirmed by Sidgwick’s famous worries regarding freedom and the existence of God in Kant’s work. (shrink)

Policymakers, legislators, scientists, thinkers, military strategists, academics, and all those interested in understanding the future want to know how twenty-first century scientific advance should be regulated in war and peace. This book tries to provide some of the answers. Part I summarises some important elements of the relevant law. In Part II, individual chapters are devoted to cyber capabilities, highly automated and autonomous systems, human enhancement technologies, human degradation techniques, the regulation of nanomaterials, novel naval technologies, outer space, synthetic brain (...) technologies beyond artificial intelligence, and biometrics. The final part of the book notes important synergies that emerge between the different technologies and legal provisions, existing and proposed, assesses notions of convergence and of composition in international law, and provides some concluding remarks. The new technologies, their uses, and their regulation in war and peace are presented to the reader who is invited to draw conclusions. (shrink)

The major moral issues of our time have been made vital and immediate by the convergence of numerous factors. Among these are a technology that has produced the threat of nuclear holocaust, that can maintain life beyond the death of the brain, that can destroy the natural world, and that produces deadly, indestructible waste. There is a new sensitivity to the injustices suffered by minorities. Impoverishment and starvation are now the fate of millions. Political tyranny is a continuing threat. (...) Finally, the rise of a new religiousness has had an impact on morals and public affairs. In these provocative essays chosen from The Tanner Lectures on Human Values and first published in 1987, four internationally distinguished scholars explore the moral implications of these issues in today's world. (shrink)

Criminal law abolitionists claim that legal punishment cannot be morally justified and that we should therefore abolish criminal law. While this is still a minority position in the current debate, the number of proponents has been increasing, and even opponents have developed a certain degree of sympathy for such claims in recent years. Yet one of the reasons many remain hesitant regarding the abolition of criminal law appears to be the lack of a thought-through alternative, in addition to abolitionists disagreeing (...) considerably amongst themselves on what an alternative should look like. I will call this the missing alternative objection. To address this central concern, I will argue in this paper that the most prominent versions of abolitionism actually converge on the same alternative core to criminal law — even though they are driven by vastly different motivations. This core that current abolitionist theories converge on is two-fold: first, the claim that the state should compel offenders to provide restitution for the victim; second, the claim that restorative processes should be used wherever possible when addressing criminal wrongdoing. This common core is enough to reject the missing alternative objection. (shrink)

Background On December 2017 the Italian Parliament approved law n. 219/2017 “Provisions for informed consent and advance directives” regarding challenging legal and bioethical issues related to healthcare decisions and end-of-life choices. The law does not contain an explicit reference to Ethics Committees (ECs), but they could still play a role in implementing the law. Methods A questionnaire-based survey was performed among the ECs of the Italian Institute for Research and Care belonging to the Network of neuroscience and neurorehabilitation, with the (...) aim of (1) knowing whether the ECs participated and, if so, how in the process of implementation of law n. 219/2017 in the referring institutes; (2) investigating the point of view of the ECs regarding their possible involvement in the process; (3) exploring the contribution ECs can provide to give effective implementation to the law principles and provisions. Results Seventeen ECs out of thirty took part in the survey; the characteristics of the responding and non-responding committees are similar, so the responding ECs can be regarded as representative of all ECs in the Network. Nine ECs did not discuss the law in anyway: the main reason for this is that the referring institutions (6) and the health care professionals (3) did not ask for an EC intervention. Nevertheless, the large majority of the ECs believe that their involvement in the implementation of the law as a whole is appropriate (8) or absolutely appropriate (6), while 3 of them are neutral. No EC believes that the involvement is inappropriate. The aspect of the law on which the 14 ECs converge in considering the EC involvement appropriate/absolutely appropriate is the one related to the health facilities obligation to guarantee the full and proper implementation of the principles of the law. Conclusions Our survey confirms that ECs believe they can play a role in the implementation of law n. 219/2017, although this does not entirely correspond to what the committees have actually done in reality. This role could be better exercised by ECs specifically established for clinical practice, which would have a composition, functioning and a mandate better suited to the purpose. This supports the call for a national regulation of ECs for clinical practice. (shrink)

The idea of the Guantánamo detainee as a Muselmann , the lowest order of concentration camp inmates, contains within it important implications for the new understanding of sovereignty in the era of Guantánamo, in an age of exception. The purpose of this article is to explain the status of those who are detained at Guantánamo Bay. Stated broadly, in assessing that status, we will emphasize the connection between the altered meaning of sovereignty that has accompanied the placing of prisoners in (...) an American penal colony in Cuba and the biopolitical status of the prisoners who reside there. More particularly, we will locate the points of convergence among the factors (the war on terror, sovereignty, and the media) that have produced and reconstituted the legal and ethical status of Guantánamo detainees. (shrink)