Legal theorists have proposed several theories to justify statutes of limitations in the criminal law, but none of these normative theories is generally accepted. This chapter investigates the related descriptive question as to whether ordinary people have the intuition that legal punishment becomes less appropriate as time passes from the date of the offense and, if they do, what factors play a role in these intuitions. Five studies demonstrate that there is an intuitive statute of limitations on (...) both legal punishment and moral criticism, and that these intuitions arise, in part, from judgments about changes in psychological connectedness over time. (shrink)

Recent events have directed public attention to the issue of whether there should be so-called “statutes of limitations” on oppressive transgressions committed in the past. We ask: in such cases, is sociopolitical forgiveness (or “forgetfulness”) owed to transgressors? We detail two moral-political narratives that might help address this issue: one constructed around the values and perspectives of justice, rights, and autonomy-based views (the JRA approach), and another oriented around the values and perspectives of care ethics, virtue ethics, and (...) relationality, drawing additionally on several non-Western traditions including Buddhist and Confucian thought (the CVR approach). We maintain that while each approach has strengths, their essential tenets lead to serious shortcomings, such that neither is able to provide a wholly satisfactory solution to this pressing sociopolitical question. The resulting stalemate should be taken as a call to action for new theorizing by social and political theorists. How should we, as a society, handle the fact that people can do oppressive things at one age and then either forget about them or sincerely regret them at another age? Is there another approach out there that might solve this problem? (shrink)

This paper addresses the question of whether astatute of limitations on injustice is morallyjustified. Rectificatory justice calls for theascription of a right to rectification once aninjustice has been perpetrated. To claim amoral statute of limitations on injustice is toclaim a temporal limit on the moral legitimacyof rights to rectification. A moral statute oflimitations on injustice establishes an amountof time following injustice after which claimsof rectification can no longer be valid. Such astatute would put a time limit on the (...) life ofall moral rights to rectification. Sinceascribing a right to rectification for aninjustice is a requirement of justice, andsince the temporal limit called for by astatute of limitations on injustice is aconstraint on that requirement, the idea of astatute of limitations on injustice is morallyjustified only if we have good reasonsfor accepting this constraint. I argue that theidea of a moral statute of limitations oninjustice is not justified, since we lackgood reasons for imposing the constrainton justice it requires. (shrink)

This paper addresses the question of whether a statute of limitations on injustice is morally justified. Rectificatory justice calls for the ascription of a right to rectification once an injustice has been perpetrated. To claim a moral statute of limitations on injustice is to claim a temporal limit on the moral legitimacy of rights to rectification. A moral statute of limitations on injustice (hereafter MSOL) establishes an amount of time following injustice after which claims of rectification can (...) no longer be valid. Such a statute would put a time limit on the life of moral rights to rectification. Since ascribing a right to rectification for an injustice is a requirement of justice, and since the temporal limit called for by a moral statute of limitations on injustice is a constraint on that requirement, the idea of a statute of limitations on injustice is morally jutified only if we have good reasons for accepting this constraint. In “The Morality of a Moral Statute of Limitations on Injustice” I argued that neither the best arguments then extant in the philosophical literature, nor the arguments I proposed in favor of a MSOL, succeed in providing good reasons for accepting the idea as morally legitimate. I concluded, therefore, that a MSOL is not justified. Several discussions that have emerged since then suggest some support for a MSOL. My aim in this paper is to show that a MSOL remains unjustified by showing that none of the arguments arising from these discussions succeed. (shrink)

In Planned Parenthood Affiliates of Michigan v. Engler ), the United States Court of Appeals for the Second Circuit held that § 400.109 of the Social Welfare Act of Michigan ) impermissibly conflicts with the Medicaid Act ) as modified by the 1994 Hyde Amendment ), insofar as the § 400.109 only provides state funding for abortions necessary to save the life of a mother, and not for abortions resulting from rape or incest. The court held that the Hyde Amendment (...) defines medically necessary abortions that must be funded by states participating in the federal Medicaid program, and that the amendment is not merely a federal appropriations bill. (shrink)

The second volume in Joel Feinberg's series The Moral Limits of the Criminal Law, Offense to Others focuses on the "offense principle," which maintains that preventing shock, disgust, or revulsion is always a morally relevant reason for legal prohibitions. Feinberg clarifies the concept of an "offended mental state" and further contrasts the concept of offense with harm. He also considers the law of nuisance as a model for statutes creating "morals offenses," showing its inadequacy as a model for understanding (...) "profound offenses," and discusses such issues as obscene words and social policy, pornography and the Constitution, and the differences between minor and profound offenses. (shrink)

This article defends the classical liberal view of human interactions that gives strong protection to associational freedom except in cases that involve the use of force or fraud or the exercise of monopoly power. That conception is at war with the modern antidiscrimination or human rights laws that operate in competitive markets in such vital areas as employment and housing, with respect to matters of race, sex, age, and increasingly, disability. The article further argues that using the “human rights” label (...) to boost the moral case for antidiscrimination laws gets matters exactly backwards, given that any program of forced association on one side of a status relationship (employer, not employee; landlord, not tenant) is inconsistent with any universal norm governing all individuals regardless of role in all associative arrangements. The articled also discusses the tensions that arise under current Supreme Court law, which protects associational freedom arising out of expressive activities (as in cases involving the NAACP or the Boy Scouts), but refuses to extend that protection to other forms of association, such as those involving persons with disabilities. The great vice of all these arrangements is that they cannot guarantee the stability of mandated win/lose relationships. The article further argues that a strong social consensus against discrimination is insufficient reason to coerce dissenters, given that holders of the dominant position can run their operations as they see fit even if others do otherwise. It closes with a short model human rights statute drafted in the classical liberal tradition that avoids the awkward line drawing and balancing that give rise to modern bureaucracies to enforce modern antidiscrimination laws. (shrink)

Joining the dialogue on the relationship between the law and business ethics, Jeffrey Nesteruk and Eric W. Orts have offeredconceptions of the law as a positive influence rather than a negative curb on corporate behavior. While these “legal optimists” pursue anoble end in promoting higher ethical standards for corporations through the law, they may be overly optimistic in their suggestion that these more skillfully wielded legal models will influence corporate behavior for the better. Reviewing the basic tenets of their two (...) approaches, this paper uses corporate responses to environmental statutes to suggest that while legal optimism may offer hope for promoting corporate ethics, it has definite limitations in its current stage of development. (shrink)

Joining the dialogue on the relationship between the law and business ethics, Jeffrey Nesteruk and Eric W. Orts have offeredconceptions of the law as a positive influence rather than a negative curb on corporate behavior. While these “legal optimists” pursue anoble end in promoting higher ethical standards for corporations through the law, they may be overly optimistic in their suggestion that these more skillfully wielded legal models will influence corporate behavior for the better. Reviewing the basic tenets of their two (...) approaches, this paper uses corporate responses to environmental statutes to suggest that while legal optimism may offer hope for promoting corporate ethics, it has definite limitations in its current stage of development. (shrink)

Les derniers théorèmes des Éléments de Théologie de Proclus portent sur les âmes. La question que nous posons peut se dire ainsi : comment Proclus a-t-il pu, contrairement aux indications platoniciennes, insérer dans un écrit inspiré par la méthode mathématique, un développement sur les âmes? À quel prix cette méthode peut-elle être compatible avec l’espace du divin? On s’interrogera aussi bien sur les traits de l’essence des âmes qui peuvent être posés que sur ceux qui ne peuvent être atteints. Ce (...) sont les limites de toute démarche processive qui seront ainsi soulignées. (shrink)

Les derniers théorèmes des Éléments de Théologie de Proclus portent sur les âmes. La question que nous posons peut se dire ainsi : comment Proclus a-t-il pu, contrairement aux indications platoniciennes, insérer dans un écrit inspiré par la méthode mathématique, un développement sur les âmes? À quel prix cette méthode peut-elle être compatible avec l’espace du divin? On s’interrogera aussi bien sur les traits de l’essence des âmes qui peuvent être posés que sur ceux qui ne peuvent être atteints. Ce (...) sont les limites de toute démarche processive qui seront ainsi soulignées. (shrink)

This article explores the possibility of locating an ‘ethics of memory’ respecting commission of mass atrocities via the link between justice, truth and memory. First, it suggests a typology for memory in relation to justice in its retributive and restorative aspects. Second, it explores how so-called ‘memory-justice’ arises in the course of international proceedings—and particularly given its significance under the Rome Statute—by considering, critically, the international community's ability to repair or restitute injury by engaging in memory in ‘the right way’. (...) Lastly, it suggests limitations of memory-justice of which only some can be overcome. The challenges and arguments for a ‘categorical imperative’ for memory are left for a subsequent treatment, but arguments in law and practical ethics will be suggested in favour of properly approaching memory in pursuit of justice, with profound consequences for the nascent Court and sister tribunals, in their efforts to break the cycle of conflict in affected regions, and rid the world of the worst crimes known to humanity. (shrink)

Abstract:Joining the dialogue on the relationship between the law and business ethics, Jeffrey Nesteruk and Eric W. Orts have offered conceptions of the law as a positive influence rather than a negative curb on corporate behavior. While these “legal optimists” pursue a noble end in promoting higher ethical standards for corporations through the law, they may be overly optimistic in their suggestion that these more skillfully wielded legal models will influence corporate behavior for the better. Reviewing the basic tenets of (...) their two approaches, this paper uses corporate responses to environmental statutes to suggest that while legal optimism may offer hope for promoting corporate ethics, it has definite limitations in its current stage of development. (shrink)

On April 26, 1995, the United States Supreme Court limited the reach of the preemption provision of ERISA in New York State Conference of Blue Cross & Blue Shield Plans v. Tavelers Insurance Co. ). In Travelers, the Supreme Court upheld the validity of a New York statute requiring hospitals to collect surcharges from patients covered by commercial insurers and requiring health maintenance organizations to pay a surcharge to the state's general fund that varies depending on the number of Medicaid-eligible (...) HMO members enrolled. Neither patients insured by Blue Cross/Blue Shield plans nor the plans themselves are similarly charged under the statute. Several commercial insurers and HMOs claimed the surcharges should be preempted under ERISA because they are levied on patients whose insurance or HMO membership premiums are purchased by an ERISA plan.The ERISA preemption clause means that federal regulation, or lack thereof, supersedes state regulation that is related to employee pension and benefit plans. This preemption clause prevents states from changing health care and benefit law for a significant portion of state residents. (shrink)

The activities of foreign diplomats in England helped push and create the boundaries of diplomatic privilege in the eighteenth century. One specific issue—the extent to which foreign ministers could shield people from being arrested for debt—led to a sizeable body of case law that defined the limits of the immunity of servants of diplomats. The British government frequently allowed ambassadors to assert privileges even in instances when they were not merited. Diplomatic honour and preservation of good relations were of paramount (...) importance. In addition to the significance to international legal history, the activities of these diplomats and the identity of those whom they sought to protect contribute to the current literature about the complex roles of ambassadors in the eighteenth century. This article addresses the 1708 statute on diplomatic privileges, the vexing question of debt in the eighteenth century, the role of diplomats, the changing case law, and, finally, the means by which matters involving diplomatic privilege avoided the courts altogether. (shrink)

“Relying on Science, Romney Files Death Penalty Bill.” With that headline, a press release on April 28, 2005 announced that Massachusetts Governor Mitt Romney was seeking to reintroduce by legislation the death penalty that the state's Supreme Judicial Court ruled unconstitutional in 1984. The remainder of the text left little doubt that science was a major basis for the governor's action. The press release quoted Romney as saying that the bill provided a “gold standard for the death penalty in the (...) modern scientific age.” Positing a symmetry that will be questioned below, Romney also declared, “Just as science can free the innocent, it can also identify the guilty.” The bill itself deferred to science by calling for corroborating scientific evidence, multiple layers of review, and a novel “no doubt” standard of proof. By raising the required standard of evidence and by restricting the class of capital crimes, the proposed law hoped to correct the defects of other death penalty statutes. (shrink)

This essay presents a new theory of statutory application that is superior to two competitors. One of the competitors claims that statutory directives apply to act-tokens fitting the legislature's intention. The other holds that statutes apply to act-tokens that are of the genuine kinds named by the classifying words. These theories solve certain problems badly or not at all, respectively: (1) accounting for the capacity of statutes for epistemic guidance; and (2) avoiding literalism. Both do a limited job (...) of accounting for the rationality of statutory promulgation. The theory developed here, social salience theory, does better on all counts. According to social salience theory, the default position is that statutes apply to act-tokens that are socially salient, given the linguistic and social contexts. The departure from that position is also social, produced by conventions to defer to experts on the statute's applications to particular cases. (shrink)

Reactive emotion accounts hold that blameworthiness should be analyzed in terms of the familiar reactive emotions. However, despite the attractions of such views, we are not persuaded that blameworthiness is ultimately a matter of correctly felt reactive emotion. In this paper, we draw attention to a range of little-discussed considerations involving the moral significance of the passage of time that drive a wedge between blameworthiness and the reactive emotions: the appropriateness of the reactive emotions is sensitive to the passage of (...) time in ways that attributions of blameworthiness are not. There are a number of ways in which reactive emotion accounts might attempt to accommodate the moral significance of time, however. We consider the most important of these, but ultimately find them wanting. Accordingly, we conclude that the prospects for the reactive emotion accounts are bleak. Our argument, if successful, has a range of implications for legal theory, most importantly in providing a novel moral basis for statutes of limitations and in shedding light on new avenues in the theory of criminal law generally. (shrink)

Marlise Muñoz had told her husband, Erik, that if it were ever necessary, she opposed being kept alive through the use of artificial sustenance. Two days before Thanksgiving in 2013, Erik found his wife unconscious on their kitchen floor; she had, by that point, suffered from oxygen deprivation for about an hour. When she arrived at John Peter Smith Hospital, Muñoz was put on a ventilator as hospital workers sought to revive her. They did not succeed. She was declared brain-dead, (...) meaning that she had suffered the irreversible loss of all brain activity. Her family requested that her ventilator be removed, and were shocked to hear their request denied. The Texas advance directive statute prohibits the removal of... (shrink)

This dissertation develops a Kantian philosophical framework for understanding our individual obligations under public law. Because we have a right to do anything that is not wrong, the best interpretation of Immanuel Kant's Universal Principle of Right tracks the two ways--material and formal--in which actions can be wrong. This interpretation yields surprising insights, most notably a novel formulation of Kant's standard for formal wrongdoing. Because the wrong-making property of a formally wrong action does not depend on whether or not the (...) action in question has been prohibited by statute, Kant's legal philosophy is consistent with a natural law theory of public crime. Moreover, because the law can obligate us only by establishing a universal external incentive to obey its commands, statutes that impose only fines on nominal violators do not constrain our lawful options. Instead, if they are otherwise just, such statutes must be regarded as rightful permissive laws, according to which we may incur liabilities through our voluntary choices. (shrink)

What moral claims do undocumented immigrants have to membership? Joseph Carens has argued that illegal migrants with long-term residence have a claim to national membership because they already are de facto members of local communities. This article builds on the linkage between illegality, residence, and rights, but shifts the focus from the migrant to the state, and from membership-based arguments to the rule of law. I argue that the rule of law, as expressed in the principle of legal certainty, provides (...) an alternative justification for the regularization of resident undocumented migrants. The principle of legal certainty recognizes the right of individuals to make long-term plans for their lives by requiring that state action be reasonably predictable and nonarbitrary. Thus, as an expression of legal certainty, both civil and criminal codes have statutes of limitation that place a time limit beyond which most crimes and misdemeanors can no longer be prosecuted, and individuals can move on with their lives. Not only do these statutes recognize the individual’s right to be free from arbitrary state control, they also demand that the state cut its losses and accept the consequences of its failure to act in a timely manner. I contend that, in the absence of a statute of limitation on illegal entry, the deportation of settled migrants constitutes an arbitrary act of state power. The article explores a number of judicial rulings to illustrate the argument’s normative logic. (shrink)

In Gebser v. Lago Vista Independent School District, the Supreme Court set an exacting standard for establishing institutional liability under Title IX for a teacher sexually harassing a student. That standard, rejecting the simple application of agency principles and instead requiring a student to notify the school of the harassment and then the school to be deliberately indifferent to the student's complaints, has been inconsistently applied by lower courts faced with other, non-harassment forms of sex discrimination under Title IX. In (...) other areas of the law, the Supreme Court has regularly applied well-established federal common-law agency principles to statutes when determining liability issues. This Article argues that, when faced with Title IX non-harassment claims, courts should do the same because the policy reasons that offer the only reasonable explanation of the result in Gebser are not present in cases of non-harassment sex discrimination in schools and because non-harassment sex discrimination lies at the heart of Title IX's prohibition of sex discrimination in federally funded educational institutions. (shrink)

Part I. Narratives and Norms -- 1 Tradition and development: Engaging John T. Noonan, Jr. -- 2 Creation and covenant: Engaging Stanley Hauerwas -- 3 Examples and rules-Engaging Jeffrey Stout -- Part II Love, Justice, and Law -- 4 Neighbor love and legal precedent: Engaging Gene Outka -- 5 Compassionate respect and victims' voices: Engaging Margaret Farley -- 6 Covenant fidelity and culture wars: Engaging Paul Ramsey -- Part III Legal Categories and Theological Problems -- 7 Juridical insights and theological (...) disputes: Engaging Robert E. Rodes, Jr. -- 8 Second chances and statutes of limitations: Engaging Walter Kasper -- 9 Legalism and christian ethics: Engaging Grisez and Engelhardt. (shrink)

Over the last three decades, the art market has undergone a remarkable transformation. Before the 1990s, artworks were sold with hardly any concern about whether they had been stolen or looted, whereas now any reputable gallery or auction house checks the “provenance” of any substantial work before sale. This transformation reflects interlocking changes in law, norms, and institutions. New York’s and more broadly the United States’ assertion of jurisdiction and application of U.S. substantive law has destabilized title to stolen and (...) looted goods worldwide because American statutes of limitations generally provide weaker protection for those who possess stolen or looted goods even in good faith. Application of American law has had a profound effect, especially for the high end of the market, because European or Asian investors who purchase art outside of the U.S. may eventually want to sell or display their works in the U.S. Defective title under American law thus affects prices worldwide. The tightening and broader application of American law reflects both longstanding legal principles and changes in social norms towards the redress of historical wrongs, most notably prominent campaigns relating to art confiscated or sold under duress in Nazi Germany. New institutions, most importantly searchable databases recording stolen and looted art such as the Art Loss Register, are also changing perceptions about minimum standards for good faith purchase, which in turn affects both social norms and court cases. These new norms, induced by both legal changes and better information, have influenced the market even for less valuable art, for which sale or display in the U.S. is not a relevant consideration and for which the threat of costly legal action is not credible. The fact that social and institutionalized norms play an important role in protecting original owners is probably good, because norms and institutions can be effective even where law is not and often do so at lower cost. (shrink)

Grotius’s ideas on proportionate and limited liability, as mentioned in the Inleidinge and De iure belli ac pacis, were novel in comparison to the civilian doctrine of his time. Grotius drew from sources of local law and statutes regarding maritime law but was nonetheless original in his interpretations. Grotius proposed to consider the liability of co-owners of ships (reders, exercitores), who acted as organizers of maritime expeditions, and of others that were participating in these expeditions, as broad. At the (...) same time, their liability was limited to the maximum of the value of the ship and cargo. In this regard, Grotius’s conceptions hinged on a view of a ship’s voyage as engendering a community of risk among all stakeholders. However, in spite of the underlying connections, Grotius did not eradicate all inconsistencies which the originality of his combinations brought forward. (shrink)

There are indications that simple reaction time might have slowed in Western countries, based on both cohort- and multi-study comparisons. A possible limitation of the latter method in particular is measurement error stemming from methods variance, which results from the fact that instruments and experimental conditions change over time and between studies. We therefore set out to measure the simple auditory reaction time (SRT) of 7,081 individuals (2,997 males and 4,084 females) born in Sweden 1959-1985 (subjects were aged between 27 (...) and 54 years at time of measurement). Depending on cut-offs and adjustment for ageing related slowing on SRT, the data suggest that SRT has increased between 3 and 16 ms in the 27 birth years covered in the present sample. The slowing is unlikely to be explained by attrition, as evaluated by comparing the general intelligence × birth-year interactions and standard deviations for both male participants and dropouts, utilizing military conscript cognitive ability data. The present result is consistent with previous studies employing alternative methods, and may result from several synergistic factors, such as possible recent micro-evolutionary trends favouring lower g in Sweden and the effects of industrially produced neurotoxic substances on peripheral nerve conduction velocity. (shrink)

Although the following essay is literary-philosophical, it arose from a practical interest. I have been struck by how widespread today is the complaint about the ‘inadequate father’. Of course a father may be inadequate in diverse ways, either absconding, absent and weak, or overbearing, bullying, and tyrannical, or some combination of these. Further, I am not restricting the term ‘father’ to its narrow biological sense, but using it rather as a metaphor for any institution or structure which an individual or (...) a group feels should have been in place to guide, direct, and protect them in important situations, but did not do its job properly. Consequently they are willing to concede they are not all they could have been, but they insist it is not their fault, rather the fault of the ‘father’ who should have done his job better. This ties in with the fashionable appeal of ‘victimhood’. Everybody today seems to want to cast themselves as a ‘victim’, for reasons similar to those mentioned above. If you are a ‘victim’, then there must be an ‘oppressor’– and some ‘parent’ organization that should have guided, directed, and protected you against the oppressor, but again did not do its job adequately. It is striking how many individuals and groups around the world today choose to perceive themselves, and to present themselves to others, as ‘victims’; it has indeed become a preferred characterization of our age, for it carries with it a rhetorical advantage that trumps all others. If you are able to cast yourself as a ‘victim’, and have others accept this, you disarm and neutralize criticism, not only of what you are, but of what you are currently doing – because the latter can be presented as a just ‘compensation’ for what you have suffered. As with guilt, there is no built-in quota or statute of limitations. This rhetoric was not as common thirty or forty years ago.There is an added factor here in America and the New World generally where, according to a whispered criticism, as our ancestors crossed the ocean, they experienced a ‘drop in civilization’. Life here was initially without some of the structures and institutions which had evolved over thousands of years in the Old World, which could thus be presumed there but here were absent. As we won with difficulty our independence, we unconsciously repudiated much of the ‘higher culture’ of the colonial master, throwing out the baby with the bathwater. As the ‘economic bubble’ of having won the Second World War has gradually dissipated, we discover we are handicapped by an absence of the forms of maturation and self-realization that arise in and are necessary for dealing with prolonged peace. In our ‘ideology of liberty’, our adults become essentially grown children, unschooled in anything higher, and thus have particular difficulty assuming the responsibilities of parenthood. They are forced to fall back upon a military style of giving orders, because on this side of the water, ‘final causes’ in the form of commonly admired or agreed on goals for striving are not in place. In this sense there is an absence of the ‘adequate father’. Further, as ‘American Culture’ expands through publicity and the media, we spread the same disease.There is another relevant factor, the ‘celebrity-liberationist’ lifestyle that has been diffused into the general population since the 1960's and has become a default secular ethic of our time, replacing the traditional Judeo-Christian decalogue. The former is invoked as a justification for aggressively seeking fame and fortune, and making no attempt to conceal this; rather than worrying that such an attitude will cause offense, it is worn proudly and defiantly in the hope that others will identify with it, thereby branding the performer a cultural hero. This popular strategy towards fulfilment itself rests on a metaphysic of ‘expressive individualism’, a position that holds that the supreme ethical imperative to which other obligations must be subordinated is for each to bring forward their hidden noumenal core, the only source of value, into phenomenal appearances where it may be admired and benefit others and such that creation will for the first time be complete. This change in Western culture made possible by greater affluence and security represents a trickle-down phenomenon and democritization of the awe reserved for the artist revered as a genius during the nineteenth century, now spread to the entire population. Anything that constrains this expansion, which interrupts or limits this transfer, is to be rejected as parental abuse, psychological repression, or cultural imperialism. (shrink)

This essay reviews the Roman Catholic moral tradition surrounding treatments at the end of life together with the challenges presented to that tradition by the Texas Advance Directives Act. The impact on Catholic health care facilities and physicians, and the way in which the moral tradition should be applied under this statute, particularly with reference to the provision dealing with conflicts over end-of-life treatments, will be critically assessed. I will argue, based on the traditional treatment of end-of-life issues, that Catholic (...) physicians and institutions should appeal to the conflict resolution process of the Advance Directives Act only under a limited number of circumstances. The implications, under the Texas statute, of varied interpretations of Pope John Paul II's recent allocution on artificial feeding and hydration in the persistent vegetative state will also be considered. (shrink)

The ¿scrutiny of all the laws¿ that Andocides invokes in his defence On the Mysteries is usually interpreted as a recodification with the aim of barring prosecution for the crimes of civil conflict. This article advances four theses against that traditional reading: (1) In Andocides¿ argument the Scrutiny was designed for a more practicable purpose, not to pardon crimes unpunished but to quash any further action against former atimoi, those penalized under the old regime but restored to rights in 403. (...) In context, coming close upon the summary of Patrocleides¿ decree, ¿all the laws¿ means all laws affecting atimoi. (2) The other evidence from inscriptions and literary testimony, for the Athenian Amnesty and similar agreements, supports this reading: the oath that closed the covenants, mê mnêsikakein, functions as a rule of estoppel or ¿no reprise¿; it was not in itself a pledge of ¿political forgiveness¿. In regard to the Scrutiny, as in Patrocleides¿ decree, the oath means that old penalties, now cancelled, can never again be enforced. (3) The Scrutiny itself was a reauthorization of the old laws for summary arrest and other standard remedies against atimoi who trespass or violate their restrictions. As a corollary to this re-enactment, the statute of limitations was introduced, ¿to apply the laws from Eucleides¿: the rules punishing the disfranchised cannot be used against those whose liabilities were incurred before 403. (4) Teisamenus¿ decree for new legislation was prior to this revision; it is not the decree that Andocides read to the court as a document of the Scrutiny. An ancient editor simply inserted the wrong document. Teisamenus envisioned no alteration of the ¿Solonian Code¿; the decree for Scrutiny was an unforeseen but necessary correction. These measures were successive reforms sorting out the new hierarchy of rules, a process whose complexity is attested in Diocles¿ law. (shrink)

The Argonautica is the dramatic story of Jason's quest for the Golden Fleece and his relations with the dangerous Colchian princess, Medea. The only extant Greek epic poem to bridge the gap between Homer and late antiquity, it is a major product of the brilliant world of the Ptolemaic court at Alexandria, written by Apollonius of Rhodes in the 3rd century BC. Apollonius explores many of the fundamental aspects of life in a highly original way: love, deceit, heroism, human ignorance (...) of the diven, the limits of science. This volume offers the first scholarly translation into English prose for many years, combining readability with accuracy and an attention to detail that will appeal to readers both with and without Greek. `Based on a deep understanding of the text, this translation, with informative notes and an excellent introduction, will bring Apollonius to the audience he deserves....' ABOUT THE SERIES: For over 100 years Oxford World's Classics has made available the widest range of literature from around the globe. Each affordable volume reflects Oxford's commitment to scholarship, providing the most accurate text plus a wealth of other valuable features, including expert introductions by leading authorities, helpful notes to clarify the text, up-to-date bibliographies for further study, and much more. (shrink)

This chapter contains sections titled: Why Authority? The Forms and Limits of Authority The Paradoxes of Authority The Justification of Authority Authority and the Obligation to Obey the Law Legal Authority Conclusion References.

A phenomenological hermeneutical approach to Ernesto Laclau’s philosophical discourse allows to put under suspicion the presumed “critical” character of his Theory of the Hegemony. This article sustains this thesis through the deconstruction of some of his fundamental conceptual polarities that reveals the structural faults of Laclau’s theoretical building to guarantee his own critical statute. According to this reading, the connection between “the ethical” and “the political” results problematic for a conception defined by an exclusive ontological and descriptive perspective of the (...) political. Hence, the ethical-political question is raised as the vector of the internal fissures to the Laclau’s theoretical building, exposing to the light the limits of his thought horizon. (shrink)

Purpose of the article is to present in two parts the selected aspects of application of monetary policy in the euro area pre and post 2008 as well as insitutional adaptations brought by the EU legislator. Methodology/methods In order to better explain these points, the article relies partially on a comparison with the framework and application of the monetary policy by the Federal Reserve as well as on a historic method when outlining the influence of definition of financial stability from (...) the ECB/eurosystem towards other prominent central banks. Scientific aim The article presents selected aspects of the monetary policy in the part of the EU where single currency was introduced in order to outline state of the art governance structure as well as a certain institutional creativity in application of powers conferred upon the central banks by the Treaty on the Functioning of the European Union and Protocol on the Statute of the European System of Central Banks and of the European Central Bank. The goal is to prove the hypothesis of robustness of the framework and present the limits that can only be pushed further by the legislative power. The conclusions confirm on the one hand that the framework of monetary policy based on strong institutional safeguards such as legislative power and independence is very resilient and can prove efficient and creative enough to stabilise an innovative monetary system, however, on the other hand, validate the hypothesis that certain adaptations can only be performed on the basis of a legislative adaptations. (shrink)

Purpose of the article is to present in two parts the selected aspects of application of monetary policy in the euro area pre and post 2008 as well as insitutional adaptations brought by the EU legislator. Methodology/methods In order to better explain these points, the article relies partially on a comparison with the framework and application of the monetary policy by the Federal Reserve as well as on a historic method when outlining the influence of definition of financial stability from (...) the ECB/eurosystem towards other prominent central banks. Scientific aim The article presents selected aspects of the monetary policy in the part of the EU where single currency was introduced in order to outline state of the art governance structure as well as a certain institutional creativity in application of powers conferred upon the central banks by the Treaty on the Functioning of the European Union and Protocol on the Statute of the European System of Central Banks and of the European Central Bank. The goal is to prove the hypothesis of robustness of the framework and present the limits that can only be pushed further by the legislative power. The conclusions confirm on the one hand that the framework of monetary policy based on strong institutional safeguards such as legislative power and independence is very resilient and can prove efficient and creative enough to stabilise an innovative monetary system, however, on the other hand, validate the hypothesis that certain adaptations can only be performed on the basis of a legislative adaptations. (shrink)

Le but de cet article est d’examiner l’« expérience éthique », identifiée comme le noyau de la doctrine de Levinas, à la lumière de la philosophie transcendantale sous sa version fichtéenne. Par delà un certain nombre de points de convergence , cette confrontation menée sur un plan strictement systématique fait apparaître une différence majeure concernant le statut de la limite. La thèse est que Levinas, pour avoir voulu faire l’économie de la limite, se heurte à des difficultés importantes.This article aims (...) to examine the « ethical experience », identified as the core of the doctrine of Levinas, in the light of the transcendental philosophy in its Fichtean version. Beyond some convergences , this strictly systematic confrontation demonstrates a major divergence concerning the status of the limit. The thesis is that Levinas in his attempt to eliminate the limit is confronted with a number of severe difficulties. (shrink)

Si la forme est la condition de toute pensée et si la matière est informe, comment Plotin peut-il la penser ? Le recours à la négation accompagné d'une orientation du regard vers l'extériorité permet de faire signe vers l'informité de la matière ; cette négation cependant ne doit pas conduire à un nom vide, mais à un résidu ; l'image apparaît comme une aide qui évite l'évanouissement de la pensée dans le néant. Plotin développe en particulier l'image du miroir pour (...) donner à penser la matière ; comme elle, il est créateur d'illusions et impassible. Cependant, comme toute image, le miroir a ses limites pour illustrer le statut paradoxal de la matière. Proclus, lorsqu'il essaye de penser la participation, met en évidence ces limites : le miroir suppose l'extension, l'extraversion et l'altération de celui qui s'y mire. L'image ne demeure qu'une aide et doit donc rester subordonnée à la négation. If form is the condition of all thought and if matter has no form, how is it possible for Plotinus to think it ? Using negation and considering exteriority allows to lead to the formless nature of matter ; however, this negation must not lead up to an empty name, but to a residue ; the image appears as a help which saves thought from vanishing into nothingness. Plotinus uses especially the image of the mirror to help to think matter ; the mirror is, like matter, an illusion-maker and impassive. Nevertheless, like every image, the mirror has its limits to illustrate the paradoxical status of matter.Proclus, when he tries to think the participation, shows these limits : the mirror presupposes the expanse, extraversion and alteration of he who gazes at himself in it. The image is only a help and must be subordinated to negation. (shrink)

Ethics is a foundational competency in healthcare inherent in everyday nursing practice. Therefore, the promotion of qualified nurses’ and nursing students’ moral competence is essential to ensure ethically high-quality and sustainable healthcare. The aim of this integrative literature review is to identify the factors contributing to the promotion of qualified nurses’ and nursing students’ moral competence. The review has been registered in PROSPERO (CRD42023386947) and reported according to the PRISMA guideline. Focusing on qualified nurses’ and nursing students’ moral competence, a (...) literature search was undertaken in January 2023 in six scientific databases: CINAHL, Cochrane Library, PsycINFO, PubMed Medline, Scopus and Web of Science. Empirical studies written in English without time limitation were eligible for inclusion. A total of 29 full texts were retrieved and included out of 5233 citations. Quality appraisal was employed using Joanna Briggs Institute checklists and the Mixed Method Appraisal Tool. Data were analysed using inductive content analysis. Research about the factors contributing to the promotion of qualified nurses’ and nursing students’ moral competence is limited and mainly explored using descriptive research designs. The contributing factors were identified as comprising two main categories: (1) human factors, consisting of four categories: individual, social, managerial and professional factors, and ten sub-categories; and (2) structural factors, consisting of four categories: educational, environmental, organisational and societal factors, and eight sub-categories. This review provides knowledge about the factors contributing to the promotion of qualified nurses’ and nursing students’ moral competence for the use of researchers, nurse educators, managers, organisations and policymakers. More research about the contributing factors is needed using complex intervention, implementation and multiple methods designs to ensure ethically sustainable healthcare. (shrink)

Notwithstanding constant “crises of confidence,” a high number of international disputes lay at the docket of the International Court of Justice in The Hague. In the word of Judge Rosalyn Higgins, states are turning to the ICJ for the peaceful settlement of their disputes. The option provided by the Charter of the United Nations in limiting the compulsory jurisdiction of the Court to certain categories of disputes, clearly contributes to convening a greater number of states to accept this international jurisdiction, (...) resolve their disputes peacefully and in accordance with international law. Not surprisingly, only a few declarations provided in Article 36 of the Statute of the Court do not contain any reservation as to the limits of the Court’s competence. Interwar Lithuania contributed heavily to the strengthening of international justice. It was amongst the first members of the League of Nations to recognise the compulsory jurisdiction of the Permanent Court of International Justice and remained its faithful supporter until the very end of the Court’s activities. International justice provided at least titular security guarantees for the young nation. This faith of the Lithuanian government in relying on international justice was rewarded in full. The Lithuanian State defended its legitimate place amongst the independent nations and successfully stood up for its interests in all three cases before the Permanent Court. (shrink)

Agritourism activities have gained importance as a mechanism for some farmers to broaden their sources of income. As businesses have pursued agritourism activities, they have been concerned about liability for personal injuries of participants. In some states, providers of agritourism activities have presented legislators with ideas for an agritourism statute to limit liability for injuries resulting from inherent risks. Four new agritourism statutes have been enacted, while six other states have adopted alternative liability provisions that may apply to some (...) agritourism providers. The agritourism statutes provide an affirmative defense to providers to eliminate liability for inherent-risk injuries. An analysis of the statutory provisions shows legislatures making choices on the assignment of liability for accident injuries and the ability of providers to obtain releases from negligence. Because the agritourism statutes impose prerequisites and do not stop meritless lawsuits, they do not offer much assistance to agritourism providers. An evaluation of policy issues suggests that legislatures might consider additional options to address agritourism providers’ concerns. (shrink)