"End-Of-Law week drinkS @ ACT Magistrates Court: Friday 20 May 2005." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (198), pp. 24.

Aquinas’ natural law theory contains a set of basic goods, such as survival, reproduction and the pursuit of truth. However, whether and how there is a hierarchical relationship among these goods remains disputed. Given the importance of Aquinas’ natural law theory for Christianity and the philosophy of law, this issue merits a closer investigation. By carefully examining various modern scholars’ theories and Aquinas’ texts, it is demonstrated that according to Aquinas, firstly, there are hierarchies of basic goods and sins; secondly, (...) these hierarchies are horizontal and vertical according to the order of participation and the dignity of substances, respectively.Contribution: This research reconsiders the modern debate over Aquinas’ hierarchical theory of basic goods and provides a more authentic understanding of Aquinas’ own view, which can be applied to his theory of sin. Aquinas’ natural law theory can hence be clarified in a more profound way. (shrink)

Society has historically not taken a benign view of genetic disease. The laws permitting sterilization of the mentally re tarded~ and those proscribing consanguineous marriages are but two examples. Indeed as far back as the 5th-10th centuries, B.C.E., consanguineous unions were outlawed (Leviticus XVIII, 6). Case law has traditionally tended toward the conservative. It is reactive rather than directive, exerting its influence only after an individual or group has sustained injury and brought suit. In contrast, state legislatures have not been (...) inhibited in enacting statutes. Many of their products can be characterized as hasty, unnecessary, ill-conceived, and based on the heart rather than the head. Moreover the lack of expert consultation sought has also been remarkable. One state legislature, for example, has advocated immunization for sickle cell anemia! Many others have enacted laws for the screening of inborn errors of metabolism, e.g., phenylketon uria, but have poorly defined the lines of responsibility to secure compliance. A spate of specific disease-related bills has emerged in the u.S. Congress, each seeking recognition and appropriations. Sickle cell anemia, hemophilia, Cooley's anemia and Tay-Sachs disease have been among the front-runners for support. Finally, in 1975, Congress has begun to examine an omnibus bill concerning all forms of genetic disease. The bill, termed the National Genetic Diseases Act is, however, still far from being enacted. (shrink)

The idea that nature is governed by laws and that the goal of science is to discover and formulate these laws, rose to prominence during the Scientific Revolution of the seventeenth century. It was manifestly held by the most significant actors of that revolution such as Galileo, Descartes, Kepler, Boyle, and Newton. But this idea was not new. In fact, it made an appearance in the Middle Ages, and it is likely to have emerged already in Antiquity.1In this paper we (...) pay close attention to the concept of law of nature in the writings of Roger Bacon, the outspoken Franciscan who promoted experimental science. We will be using Bacon as a test case to show that long before the... (shrink)

A single global authority is not sufficient to regulate heterogenous agents in multiagent systems based on distributed architectures, due to idiosyncratic local situations and to the need to regulate new issues as soon as they arise. On the one hand institutions should be structured as normative systems with a hierarchy of authorities able to cope with the dynamics of local situations, but on the other hand higher authorities should be able to delimit the autonomy of lower authorities to issue (...) valid norms. In this paper, we study the interplay of obligations and strong permissions in the context of hierarchies of authorities using input/output logic, because its explicit norm base facilitates reasoning about norm base maintenance, and it covers a variety of conditional obligations and permissions. We combine the logic with constraints, priorities and hierarchies of authorities. In this setting, we observe that Makinson and van der Torre’s notion of prohibition immunity for permissions is no longer sufficient, and we introduce a new notion of permission as exception and a new distinction between static and dynamic norms. We show how strong permissions can dynamically change an institution by adding exceptions to obligations, provide an explicit representation of what is permitted to the subjects of the normative system and allow higher level authorities to limit the power of lower level authorities to change the normative system. (shrink)

We refine the arithmetical hierarchy of various classical principles by finely investigating the derivability relations between these principles over Heyting arithmetic. We mainly investigate some restricted versions of the law of excluded middle, De Morgan's law, the double negation elimination, the collection principle and the constant domain axiom.

In this paper I propose a type-hierarchy approach to provide an intersubjective framework for the evaluation of evolutionary analogies. This approach develops David Hull’s and others’ attempts to provide full generalisation for selection processes, in order to show that sociocultural development and, particularly, scientific change can be considered as an instance of Darwinian selection. I argue that the recent work by Eileen Cornell Way on type hierarchies can offer the kind of generalisation needed to solve the main problems that (...) still affect Hull’s theory and to show that the evolutionary analogy is, after all, only a particular way of grouping phenomena together. If Hull’s main objective is a unified theory of selection, which supports the idea that science selection and natural selection obey the same laws, I also argue that the type hierarchy approach to models shows that this objective is unsustainable as it stands, and is in need of further development. I will firstly introduce the general outline of the type hierarchy approach to models. Then, after a brief recapitulation of Hull’s main points and difficulties, I will try and construct a hierarchy for a general abstraction of selection processes. Finally I will introduce the main criticisms that Hull’s work has faced from philosophers and scientists, and show how they compare with my proposal. (shrink)

A major obstacle to the political revival of Confucianism has been its tension with the rule of law. Systemic features of Confucianism such as social hierarchy (and the corresponding social inequal...

While this article aims to explore the connections between citizenship and ‘race’, it is the first study to use fictional tools as a sociological resource in exemplifying the deviation between citizenship in principle and practice in an Austrian context. The study involves interviews with 73 Austrians from three ethnic/racial groups, which were subjected to a directed approach to qualitative content analysis and coded based on sentences from George Orwell’s fictional book, ‘Animal Farm’. By using fiction as a conceptual and analytical (...) device, this article goes beyond the orthodox particulars of citizenship to expose the compressed entitlements of some racial/ethnic minorities. In particular, data analysis revealed two related and intertwined central themes: (a) “all animals are not equal or comrades”; and (b) “some animals are more equal than others”. All ‘animals’ may be equal in principle, whereas, in practice, their ‘race’ serves as a critical source of social (dis)advantage in the ‘animal kingdom’. Thus, since citizenship is a precondition for possessing certain rights that non-citizens are not granted, I argue that citizenship cannot only be judged by whom it, in theory, excludes (i.e., non-citizens), but also by how it treats the included (i.e., citizens) on the basis of their ‘race’. I conclude that skin colour is a specific aspect of the hierarchy of citizenship in Austria, which reinforces that ‘some animals are more equal than others’. (shrink)

The fusion of law and virtue is a distinctive feature of the ethical writings of St. Thomas Aquinas, particularly of his most mature and most detailed ethical treatise, the secunda pars of the Summa Theologiae. By way of preface to his treatises on virtue and on law in the Summa, Thomas states that the former is an intrinsic, the latter an extrinsic, principle by which man is led to his end. It is evident from even these brief remarks that virtue (...) and law are integral parts of an overarching moral pedagogy intended to lead man to his ultimate end. The end consists, as Thomas says, in the contemplation of the divine essence, but the possession of the intellectual and moral virtues is a prerequisite to the experience of the beatific vision. Hence, moral instruction, of which the secunda pars is an exemplary instance, is directed to the inculcation of the virtues--to the formation of character. ;In this context, the role of natural law is to circumscribe the parameters of the moral life and to provide a background to moral deliberation. Submission to human, divine, and finally eternal law marks the various stages in man's education in moral perfection. The hierarchy of the laws is thus parallel to the hierarchy of the virtues, natural and infused. Law, as the Thomistic dictum runs, is for the sake of virtue. Thomas' view of law, then, is teleological, not deontological; that is, laws are intelligible in light of an overarching conception of the goods of a community or of human nature. But the goods or practices which the laws are intended to succour are themselves embodiments of virtues such as justice. ;While a comprehensive treatment of the secunda pars is beyond the scope of this investigation, we will provide an analysis of exemplary instances of moral pedagogy in the Summa. From this examination of representative passages, it will be possible to defend certain conclusions concerning the doctrinal structure and rhetorical intent of the Summa. (shrink)

A truly realistic theory of law – the possibility of which is examined in this work – should have the following characteristics. It should be more general than current theories, that is, be applicable to both common law and civil law; in consequence, it should invert the relationship, commonly instituted by positivist theories, between legislation and adjudication. Both in historiography and in legal comparison, of which legal theory is an extension to a higher level of abstraction, adjudication is the central (...) moment of the legal process, while legislation can be seen as one of the many attempts, and perhaps not even the most successful, to limit and control adjudication. An example of the explanatory capacity of a truly realistic theory is the so-called crisis of sources: legislation institutes judges, but they are, ultimately, those who set the hierarchy of sources and the hierarchical position of legislation itself. (shrink)

Understanding the rule of law in the Antipodes, that is in the Commonwealth of Australia and New Zealand, as a legal value is clear to both of these societies. The rule of law, oftentimes called the state of law, is the basis of the system of values, as well as legal culture, which determines which social values are legally protected and how high their position de facto and de iure is. The hierarchy of the rule of law in the (...) Antipodes shows undoubtedly how various legal norms, unwritten and those codified ones, protect the democratic system with all its principles, along with the rights and freedoms of citizens and persons residing in these two countries. (shrink)

Law is traditionally related to the practice of command and hierarchy. It seems that a legal rule should immediately establish a relation between a superior and an inferior. This hierarchical and authoritharian view might however be challenged once the phenomenology of the rule is considered from the internal point of view, that is, from the stance of those that can be said to “use” rather than to “suffer” the rules themselves. A practice oriented approach could in this way open (...) up a more liberal, and also somehow less parochial and ideological, road for legal theory. This is – it is argued in the paper – the programme, or better, the promise we can find in Herbert Hart’s main work, The Concept of Law. The article tries to render this promise more transparent while, nonetheless, not eschewing the blind sides of its narrative and argumentative strategy. (shrink)

This chapter contains section titled: “Continental”: Still Relevant? From Hierarchy to Equality: The Ascent of “Negotiated Law” Human Rights Law and the “Balance of Interests” References.

Law seems to be irremediadibly connected to the experience of coercion and to a structure of hierarchy. This is so because it has traditionally been defined as a set of authoritative prescriptions, usually commands backed by the menace of a sanction, an evil eventually applied through the use of overwhelming violence. Law has also been related to some kind of structure or system which is intrinsically hierarchical, both in the sense of the hierarchy of people whose conduct is (...) addressed by the law and in the sense of the logical interdependence of the legal prescriptions themselves. The British legal philosopher H. L. A. Hart criticizes in his celabrated book The Concept of Law powerfully the command theory and also reshapes the theory of the hierarchical structure of rules. The paper will tries to follow Hart’s attack to the traditional imperativistic view and will then focus on his treatment of international law. The aim is to show on the one side how promising Hart’s approach could be, and on the other side how poor however his conceptualization of international law at the end of the day reveals to be. (shrink)

Law seems to be irremediadibly connected to the experience of coercion and to a structure of hierarchy. This is so because it has traditionally been defined as a set of authoritative prescriptions, usually commands backed by the menace of a sanction, an evil eventually applied through the use of overwhelming violence. Law has also been related to some kind of structure or system which is intrinsically hierarchical, both in the sense of the hierarchy of people whose conduct is (...) addressed by the law and in the sense of the logical interdependence of the legal prescriptions themselves. The British legal philosopher H. L. A. Hart criticizes in his celabrated book The Concept of Law powerfully the command theory and also reshapes the theory of the hierarchical structure of rules. The paper will tries to follow Hart’s attack to the traditional imperativistic view and will then focus on his treatment of international law. The aim is to show on the one side how promising Hart’s approach could be, and on the other side how poor however his conceptualization of international law at the end of the day reveals to be. (shrink)

This paper surveys the conceptions of law and of legislation to be found in the philosophy of Julian the Emperor. A hierarchy of levels of law is described, going from transcendent divine orders and paradigmatic laws down to the laws of nature, laws innate in human souls and regional laws. Julian’s ideal legislator is discussed, as inspired by transcendent, paradigmatic laws and as subordinate to law and its protector. An example of Julian’s legislation is discussed. Attention is paid to (...) Julian’s use of Plato’s Republic, Statesman, and Laws. (shrink)

Cyberspace, a term popularized in the 1984 novel Neuromancer, was used by William Gibson to describe the ‘consensual hallucination’ and interstitial online world that lies between the reality of our world and that of the surreal terrain of dreamscapes. While many attempts have been made to describe this intangible, yet seemingly perceptible space, the digital domain as a metaphor mirrors in many ways our own inadequate understanding of consciousness. Conversely, the physicist Michio Kaku explains that our reality is bounded by (...) hyperspace – a multi-dimensioned space beyond our quotidian 3D existence that runs parallel, or tangential, to us along with the phenomenon of time. Indeed, if space and time (here considered as space–time) are a consolidated whole in the physical sense, perhaps our consciousness, as a structure manifest within this continuum may itself be thought of as a sensorial projection of this amalgam that attempts to observe and make sense, or meaning, of this condition. In truth, what if our need and delight in storytelling is driven by the evolution of our biology, as well as our impulse to locate our place in the universe? This article will attempt to examine and delimit the narrative confines of space–time as an appeal to, and an endeavour at, uncovering the alterity of storytelling as a function of consciousness. It will visit the realms of the holograph, quantum mechanics, virtual and augmented realities, as well as other scientific and philosophical tracts as a means to investigate and explore the physiology of space and our imperative desire to share stories. (shrink)

From Descartes to designer babies, The Philosophy Gym poses questions about some of history's most important philosophical issues, ranging in difficulty from pretty easy to very challenging. He brings new perspectives to age-old conundrums while also tackling modern-day dilemmas -- some for the first time. Begin your warm up by contemplating whether a pickled sheep can truly be considered art, or dive right in and tackle the existence of God. In this radically new way of looking at philosophy, Stephen Law (...) illustrates the problem with a story, then lets the argument battle it out in clear, easily digestible and intelligent prose. This perfect little mental health club is sure to give each reader's mind a great workout. (shrink)

Although much recent social science and humanities work has been a revolt against simplification, this volume explores the contrast between simplicity and complexity to reveal that this dichotomy, itself, is too simplistic. John Law and Annemarie Mol have gathered a distinguished panel of contributors to offer—particularly within the field of science studies—approaches to a theory of complexity, and at the same time a theoretical introduction to the topic. Indeed, they examine not only ways of relating to complexity but complexity _in (...) practice._ Individual essays study complexity from a variety of perspectives, addressing market behavior, medical interventions, aeronautical design, the governing of supranational states, ecology, roadbuilding, meteorology, the science of complexity itself, and the psychology of childhood trauma. Other topics include complex wholes in the sciences, moral complexity in seemingly amoral endeavors, and issues relating to the protection of African elephants. With a focus on such concepts as multiplicity, partial connections, and ebbs and flows, the collection includes narratives from Kenya, Great Britain, Papua New Guinea, the Netherlands, France, and the meetings of the European Commission, written by anthropologists, economists, philosophers, psychologists, sociologists, and scholars of science, technology, and society. _Contributors._ Andrew Barry, Steven D. Brown, Michel Callon, Chunglin Kwa, John Law, Nick Lee, Annemarie Mol, Marilyn Strathern, Laurent Thévenot, Charis Thompson. (shrink)

Revisiting Dawkin’s proposal of memes – a piece of thought copied from person to person – raises the question: can narrative, and by extension narratology, be utilized to explore the ‘infecting’, or transferring agent of cultural ideas, identity and the creation of self? Intriguingly, and perhaps even more relevant to the role of emergent models and the shifting divide between engineered and organic constructions, what role does media play in the fabrication of self? This article proposes to examine various attempts (...) to define modes of being using the formative and delimiting lens of narrative. It will investigate the role of media as the carrier agent for memetic modes of being, and their application in creating and sustaining cultural individuation. Jung’s declarative of the collective unconscious and archetypes, as well as Hofstadter’s loops, a common, but neglected field of enquiry that interrogates how memetic transference begins with the stories we tell, will inform the exploration of narrative as a means to define, delineate and bound the self. (shrink)

There is an old but powerful argument for the claim that exhaustive divine foreknowledge is incompatible with the freedom to do otherwise. A crucial ingredient in this argument is the principle of the “Fixity of the Past”. A seemingly new response to this argument has emerged, the so-called “dependence response,” which involves, among other things, abandoning FP for an alternative principle, the principle of the “Fixity of the Independent”. This paper presents three arguments for the claim that FI ought to (...) be preferred to FP. (shrink)

We all know that we have and are our bodies. But might it be possible to leave this common place? In the present article we try to do this by attending to the way we do our bodies. The site where we look for such action is that of handling the hypoglycaemias that sometimes happen to people with diabetes. In this site it appears that the body, active in measuring, feeling and countering hypoglycaemias is not a bounded whole: its boundaries (...) leak. Bits and pieces of the outside get incorporated within the active body; while the centre of some bodily activities is beyond the skin. The body thus enacted is not self-evidently coherent either. There are tensions between the body’s organs; between the control under which we put our bodies and the erratic character of their behaviour; and between the various needs and desires single bodies somehow try to combine. Thus to say that a body is a whole, or so we conclude, skips over a lot of work. One does not hang together as a matter of course: keeping oneself together is something the embodied person needs to do. The person who fails to do so dies. (shrink)

Americans have been obsessed about the mechanics of perfectibility. Perfectibility is built into the constitutive documents of the American Republic. The expression of that perfection is Law, and Government provides the means. The mechanics of perfectibility lies in philosophy and theology. Through these mechanics Americans can discern the spirit of perfection - as God or as the genius of the American community made manifest. The essay considers these notions in the context of two cases, Swift v. Tyson (1842) and Erie (...) Railroad Co. v. Tomkins (1938), which provide both the antipodes of American conceptions of the sources and hierarchy of law, and also suggest the mechanics of a mandatory perfectibility in American. But the judge is not the only intermediary between perfection and its expression in law. The essay suggests the way the political branches also seek the role of privileged (and uniquely privileged) intermediaries between the people and perfection. The essay ends with a consideration of the value of the theology of faith and reason in the elaboration of American jurisprudence. (shrink)

This paper develops a challenge to theism. The challenge is to explain why the hypothesis that there exists an omnipotent, omniscient and all-good god should be considered significantly more reasonable than the hypothesis that there exists an omnipotent, omniscient and all-evil god. Theists typically dismiss the evil-god hypothesis out of hand because of the problem of good–there is surely too much good in the world for it to be the creation of such a being. But then why doesn't the problem (...) of evil provide equally good grounds for dismissing belief in a good god? I develop this evil-god challenge in detail, anticipate several replies, and correct errors made in earlier discussions of the problem of good. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)