Burlamaqui, J[ean] J[acques]. The Principles of Natural Law.

* one of the great philosophical works of the eighteenth century * the rare and valuable first edition, reprinted in its entirety 'Of the countless reprints of Scottish Enlightenment works that Thoemmes has given us, none is more welcome than this. The posthumous System was not only Hutcheson's own last word on the full range of topics that he included under the rubric "moral philosophy", but also a monumental event in the book history of the Scottish Enlightenment itself.' (...) - Newsletter of the 18th-Century Scottish Studies Society Francis Hutcheson (1694-1746) was a key figure in the Scottish Enlightenment and one of the eighteenth century's most influential philosophers. He taught Adam Smith and he greatly influenced Hume and Bentham. His theory that the only proper actions are those which will generally benefit society prepared the way for the English utilitarians. His views were extensively discussed throughout Britain and ranged as far as the American colonies, where his political theory was adopted by revolutionaries. He is best known for his contribution to moral theory, being the chief exponent of the 'moral sense' doctrine which, following Shaftesbury, emphasized feeling rather than reasoning as the source of judgements of virtue and vice.A System of Moral Philosophy was written as early as 1738, but added to and altered by Hutcheson throughout his life. Published posthumously in 1755 by Hutcheson's son, Francis the younger, the System is Hutcheson's longest work and the fullest explanation of his method. Giving a comprehensive account of morality, it includes discussions of human nature; our duties to God, to each other and ourselves; the supreme good; civil liberty; rights; contracts; marriage; the rights and duties of parents; and the laws of peace and war. The work also contains an argument against slavery that was reprinted in colonial Philadelphia and helped give academic weight to the anti-slavery movement. William Leechman, a friend of Hutcheson and Professor of Divinity at Glasgow, contributes a highly valuable biography. This edition also includes a new introduction by Daniel Carey. (shrink)

The inclusion of antimicrobial resistance (AMR) and increased research and development (R&D) capabilities in the most recent outline of the World Health Organization’s (WHO’s) international pandemic instrument signals an opportunity to reshape pharmaceutical R&D system in favour of antimicrobial product development. This article explains why the current innovation ecosystem has disadvantaged the creation of antimicrobial products for human use. It also highlights how the COVID-19 pandemic experience can inform and stimulate international cooperation to implement innovative R&D incentives to bring (...) new, life-saving antimicrobial products to the market. (shrink)

There are multiple and diverse voices of jurists who have expressed their fear of the unrestricted power of law enforcement and have announced the crisis of the formalist sense of Law. The widespread reaction against the abstract and formalist character of the positivist theory of law manifested itself as the Krausist philosophy of law and was backed by the philosophy of Krause, Schelling, Hegel and the most recent Natural Law theories that seek to establish substantial criteria for moral action. (...) This distrust was caused by the heteronomy of modest and obedient civil servants of the judicial order that rely on political balance of power in which nothing depends on the human bottom of institutions. Let us consider briefly the impressive analyses performed by different thinkers on this issue, which they considered characteristic of their era, but that continues to constitute a difficulty that challenges contemporary society. (shrink)

There are multiple and diverse voices of jurists who have expressed their fear of the unrestricted power of law enforcement and have announced the crisis of the formalist sense of Law. The widespread reaction against the abstract and formalist character of the positivist theory of law manifested itself as the Krausist philosophy of law and was backed by the philosophy of Krause, Schelling, Hegel and the most recent Natural Law theories that seek to establish substantial criteria for moral action. (...) This distrust was caused by the heteronomy of modest and obedient civil servants of the judicial order that rely on political balance of power in which nothing depends on the human bottom of institutions. Let us consider briefly the impressive analyses performed by different thinkers on this issue, which they considered characteristic of their era, but that continues to constitute a difficulty that challenges contemporary society. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

In this thought-provoking book, Eli Foster Ritter explores the relationship between moral and civil law, arguing that they are different aspects of the same fundamental system of justice. With insightful analysis and persuasive argumentation, Ritter challenges readers to reconsider their assumptions about the nature of law and the role it plays in society. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work (...) is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

The research analyzes the process of formation of the ethics committee as a new institution in the system of regulation of genetic research. The external factors of this process are the increasing digitalization of medical and research practices, as well as the special situation that is developing in the field of genomic research and the use of genetic technologies, where issues of philosophy, jurisprudence and administration have generated many fundamentally new, and sometimes unexpected contexts. The author shows the similarity (...) and difference of approaches to the inclusion of the ethics committee in the national regulatory systems of different countries and determines the prospects for further integration of the new institution into normative and administrative-regulatory and law enforcement practices. The research applies all the main methods of system analysis and structural and functional analysis, as well as the comparative legal method. At the stage of generalization of empirical material, the author turns to the means and methods of philosophical phenomenology and phenomenological sociology. The study revealed that the ethics committee may have different institutional and regulatory functions in a variety of management and legal systems. Being hybrid in nature, the ethics committee performs various functions, and in various state legal systems and traditions it can combine elements of legislative, executive and judicial power. At times, the ethics committee may go beyond the scope of both a purely administrative and exclusively legal regulator. All this indicates that the integration of this institution into the legal system and into a variety of social practices is far from being completed. (shrink)

This paper examines two main aspects of Kant‟s systematic moral philosophy. Firstly, Kant‟s conception of „The Moral Law within‟ is elucidated with strict reference to Kant‟s overall, holistic picture of critical philosophy. The Moral Law is intriguing in the history of moral philosophy as it is framed by an unorthodox epistemological and ontological structure. Kant‟s position is that we must limit knowledge in order to make room for faith. This move will be discussed in an analysis (...) of what can be known about The Moral Law. Secondly, certain claims made by Kant regarding morality will be examined through the lens of his Categorical Imperative. However, the problematic issues I expound are not merely errors of logic. Rather, I find that implicit in Kant‟s moral system lies an insidious moral absolutism. Kant‟s system does not embrace heterogeneity of individual freedom. Instead, it non-critically projects Kant‟s own perspectives on morality and reduces the complexities of different individuals to one absolute, ideal, type of individual. Finally, this analysis illustrates the radical shifts that have been made in thinking about the world and our place within it. (shrink)

The dominant and deceptively simple theme of this book is the relationship between the moral environment of the courtroom and that of the society in which the court is situated. Like other Past and Present conference proceedings, the volume ranges widely across time and space, from ancient Greece to twentieth-century Africa. As a consequence, it encompasses not only the highly professional legal systems of the Roman, later medieval and modern worlds, but also the relatively unprofessionalised courts of classical Athens (...) and of the early middle ages and the alien, imposed legal systems of colonial Rhodesia and Kenya. The Moral World of the Law is based upon papers delivered at the conference of that name, sponsored by the journal Past and Present and held at the University of Birmingham in 1996. (shrink)

Many reports independently confirm that even more than a quarter of a century after the collapse of the Soviet Union, the results of research and development in those countries that were under its influence are insufficient in comparison to the rest of the world. Given that human intelligence is not distributed unevenly and that science is a powerful driving force for the future of an economy, there is a hidden problem, which, if it can be resolved, may release great economic (...) potential. The first generation of researchers from Armenia, Czech Republic, Georgia, Slovakia and Ukraine, who successfully completed their education after the political revolution, were surveyed. The survey revealed many similarities with regards to ethics, but that there is mounting evidence that the main cause of the current situation is the state of the local legal systems. The conclusion was drawn that a conceptual change in staffing within the relevant legal systems is required to release potential and stimulate wealth creation. (shrink)

How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some activity affect a subject’s decision-making about that activity? This is a question concerning the general moral authority of international law. It concerns not simply the kind of authority international law claims, but the character of the authority it actually has. An authority, as I will use the term, is moral obligation producing: (...) if x (e.g., a person, institution, or law) has authority over an agent, then the directives of x produce a significant reason for the agent to comply with the terms of the directive. This paper concerns the sense in which international law, and the law of nascent legal systems generally, generate moral obligations for their subjects, i.e., for those who fall under their claimed jurisdiction. (shrink)

In this paper, I explore Kant’s discussion of juridical and ethical laws in the introduction to the Metaphysics of Morals as a whole. Following Marcus Willaschek and early Allen Wood, I pose a dilemma for Kant that I call “the paradox of juridical imperatives”, a dilemma that Willaschek and Wood hold Kant can only avoid by giving up his claim that juridical laws are categorical imperatives. I show how a set of interpretative issues concerning juridical incentives, the content (...) of juridical laws, and the idea of an “indirect” ethical obligations, hang together, and must solved simultaneously in order to address the paradox. I argue, contra Willaschek and Wood, that we can dissolve the paradox, solving the network of issues satisfactorily and affirming the status of juridical laws as categorical imperatives, once we recognize that one can go wrong with respect to a principle while fulfilling the letter of its requirements. The picture that emerges is one on which we can straightforwardly affirm Recht as a moral concept for Kant, while simultaneously representing its distinctive character in his system of morality. (shrink)

Lon Fuller’s classic The Morality of Law is an exploration of the basic principles of a legal system: the law should be publicly promulgated, prospective, clear, and general. So deep are these principles, he argued, that too great a deviation from them would not simply create a bad legal system and bad law, but would render the products of such a system undeserving of the name “law” at all. In this essay, I argue that Fuller’s basic principles (...) are not in fact desiderata for all of law, observing that much of private law plainly flouts them; it is unwritten, retroactive, inchoate, and often limited to particular cases. Far from undercutting its status as law or its legitimacy, these attributes have sometimes been regarded as giving the common law its special character as a kind of law. Fuller’s principles are fundamental only given a certain conception of how law functions, what gives lawmakers their authority, and what renders citizens vulnerable to the imposition of liability through the courts. This conception does not fit private law, which has a distinctive inner morality. Understanding the inner morality of private law tells us a great deal about the nature of private law and about the different ways in which morality can be part of law. (shrink)

The Moral Law is fulfilled iff everything that ought to be the case is the case, and The Good is realised in a possible world w at a time t iff w is deontically accessible from w at t. In this paper, I will introduce a set of temporal modal deontic systems with propositional quantifiers that can be used to prove some interesting theorems about The Moral Law and The Good. First, I will describe a set of systems (...) without any propositional quantifiers. Then, I will show how these systems can be extended by a couple of propositional quantifiers. I will use a kind of TxW semantics to describe the systems semantically and semantic tableaux to describe them syntactically. Every system will include a constant · that stands for The Good. ‘·’ is read as ‘The Good is realised’. All systems that contain the propositional quantifiers will also include a constant '*' that stands for The Moral Law. '*' is read as ‘The Moral Law is fulfilled’. I will prove that all systems (without the propositional quantifiers) are sound and complete with respect to their semantics and that all systems (including the extended systems) are sound with respect to their semantics. It is left as an open question whether or not the extended systems are complete. (shrink)

This excellent book is about Western morality as it interacts with law. It is not contrasting the moral foundations of American law with other value systems. Rather the authors examine the history and great diversity of Western thought, the substance of moral ideas. They range from the ancients to the new old order of the New World. Hazard and Pinto see the various voices articulating moral, political and legal thought as "pregnant with future relevance" for practical decision-making. (...) Thus their approach is not relativistic, but mindful of alternatives and historical context. Hazard and Pinto have written a most thoughtful and stimulating study. -- Gerhard Casper, Professor of Law, Emeritus and President Emeritus, Stanford U. *** Beginning with the reality and challenge of modern Supreme Court confirmation hearings, Hazard and Pinto demonstrate the relationships and differences among law, morals, and politics. Hazard, a legal ethicist and scholar, and Pinto, a biblical historian, are a unique team. Their succinct and vital work draws from the wisdom of the ancients and the evolution of modern thought. Anyone concerned with the living law must understand its moral roots to sense when the old growth should be pruned and the new nurtured in light of evolving principles of liberty, equality, and morality. -- Michael Traynor, President Emeritus, American Law Institute *** In this concise meditation on the relationship between law and morality, one of our leading thinkers on law and the legal profession, himself the embodiment of Aristotelian "practical wisdom", takes us on a most engaging tour of our intellectual and moral heritage, helping us to understand the moral foundations of our modern legal system and the language of the law. I commend this book to any interested reader and particularly to non-lawyers who may not have considered how deeply and mysteriously intertwined our legal rules are with religious belief and historical origins. -- David F. Levi, Dean and Professor of Law, Duke U. School of Law *** This is an unstuffy and lively account of fundamental values in American, and indeed Western, public and civic life. The whole historical background is presented both clearly and comprehensively. This attractively succinct book deserves to be read by all who are interested in our public life. The writing is so incisive and compelling that I read this book in a single sitting. -- Neil H. Andrews, Professor of Civil Justice and Private Law, U. of Cambridge. (shrink)

This work deals with laws of autonomy, values, persons, community, and the metaphysical or divine context of moral choice. The main question is whether a system of moral laws obediently adhered to would bring coherence into ethical reflection.

Bernard Williams drew our attention to what might be wrong with denying the role of luck in our understanding of agency and responsibility. Susan Wolf and David Enoch, in separate works, have asked us to focus instead on what might be virtuous and valuable in embracing that role, and on how our institutions might assist us in that regard. They claim that the agent who ‘takes’ a responsibility that law or morality do not already assign to them may be displaying (...) a special moral virtue or exercising a distinctive moral power. I raise some objections to Wolf’s and Enoch’s case for that claim, and query some of its purported institutional implications for tort law systems. (shrink)

Chapter one argues for the important contribution that a natural law based framework can make towards an analysis and assessment of key controversies surrounding the practices of suicide, assisted suicide, and voluntary euthanasia. The second chapter considers a number of historical contributions to the debate. The third chapter takes up the modern context of ideas that have increasingly come to the fore in shaping the 'push' for reform. Particular areas focused upon include the value of human life, the value of (...) personal autonomy, and the rejection of double effect reasoning. Chapter four engages in the task of pointing out structural weakness in utilitarianism and deontology. The thesis argues that major systemic weaknesses in both approaches can be overcome by a teleology of basic human goods. John Finnis' work becomes the underpinning of subsequent applied natural law analysis. Chapter five proceeds to argue for the defence of the intrinsic good of human life from direct attack. The thesis holds out for the proposition "that it is always a serious moral wrong to intentionally kill a human person, whether self or another, regardless of a further appeal to consequences or motive." In support of this, it defends the validity of double effect reasoning as an indispensable part of applied moral decision making. Chapter six critically assesses the arguments of anti-perfectionists that it is not the business of the state to enforce deep or substantive conceptions of the 'good life.' The chapter moves on to argue that the natural law conception of the person in society, centred on the common good, provides a solid framework for assessing both the justification for, as well as the limits on, the role of the state to use its power to legally impose certain moral standards. Chapter seven addresses the concrete relationship between natural law and legal policy by exploring the issue of assisted suicide in the constitutional context of the United States.















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In this chapter, we discuss a selection of current views of the neural correlates of consciousness (NCC). We focus on the different predictions they make, in particular with respect to the role of prefrontal cortex (PFC) during visual experiences, which is an area of critical interest and some source of contention. Our discussion of these views focuses on the level of functional anatomy, rather than at the neuronal circuitry level. We take this approach because we currently understand more about experimental (...) evidence at this coarse level and because these results are appropriate for arbitrating between current theoretical frameworks. We discuss the Two-Visual-Systems Hypothesis (Milner & Goodale 1995; 2006), Local Recurrency (Lamme 2010; Lamme 2006), Higher Order (Lau 2008; Lau & Rosenthal 2011) and Global Workspace theories (Baars 1997; Baars 2005; Dehaene & Naccache 2001; Dehaene 2014). Despite the apparent stark differences between conscious and unconscious perceptual processing, available evidence suggests that their neural substrates must be largely shared. This indicates that the difference in neural activity between conscious and unconscious perceptual processing is likely to be subtle and highly specialized. We argue that current experimental evidence about the involvement of specific activity in prefrontal cortex supports the higher order neural theory of consciousness. In consequence, imaging techniques that focus only on marked differences between conscious and unconscious level of activity are likely to be insensitive to the relevant neural activity patterns that underlie conscious experiences. Finally, it follows from the evidence we discuss that the functional advantages of conscious over unconscious perceptual processing may be more limited than commonly thought. (shrink)

The foundation for a system of morals, this 1749 work is a landmark of moral and political thought. Its highly original theories of conscience, moral judgment, and virtue offer a reconstruction of the Enlightenment concept of social science, embracing both political economy and theories of law and government.

Autonomy is the central idea of modern practical philosophy. Understood as self-legislation, autonomy seems to require that the validity of norms depends on recognition, namely, that their addressees, being autonomous agents, recognise these norms to be valid. But how can one be bound by norms whose validity depends on their being recognised as valid by their addressees? The questions of how autonomous morality and, on this basis, the authoritative character of law can be understood, present persistent puzzles that have been (...) widely discussed, but still await a satisfactory solution. This book presents an analysis of the idea of autonomy as self-legislation and its consequences for law and morality. It links the idea of autonomy with the idea of the balancing of normative arguments, develops a notion of normative arguments as distinct from normative judgements and statements and explains claims to correctness and objectivity that are found in normative discourse. Thus, a 'logic of autonomy' emerges, and it is pervasive in normative reasoning. It connects theses regarding the logic of norms, the structure of balancing, human and fundamental rights, legal validity, legal interpretation, and the relations among legal systems, offering a theory of central elements of normative argumentation, a theory that is undergirded by the mutual relations that exist between and among its parts as well as through the relations that it bears to other theories. Moreover, it offers an alternative to Kantian notions of autonomy and provides solutions to problems that other theories have failed to master. (shrink)

It is often assumed that Fichte's aim in Part I of the System of Ethics is to provide a deduction of the moral law, the very thing that Kant – after years of unsuccessful attempts – deemed impossible. On this familiar reading, what Kant eventually viewed as an underivable 'fact' (Factum), the authority of the moral law, is what Fichte traces to its highest ground in what he calls the principle of the 'I'. However, scholars have largely (...) overlooked a passage in the System of Ethics where Fichte explicitly invokes Kant's doctrine of the fact of reason with approval, claiming that consciousness of the moral law grounds our belief in freedom (GA I/5:65). On the reading I defend, Fichte's invocation of the Factum is consistent with the structure of Part I when we distinguish (a) the feeling of moral compulsion from (b) the moral law itself. (shrink)

Originally published in 1955, The Moral Decision remains today a fresh, lively, and literate quest for moral guides in the American system of law. Each topic is introduced with a real courtroom case followed by a summary of the uncontroverted facts, the issues before the court, the judge's opinion, and Edmond Cahn's objective and penetrating discussion of the ethical issues involved. The cases chosen operate as prisms, revealing an entire spectrum of moral forces—personal ambitions, group standards, (...) lusts, sufferings, and ideals. A new foreword by Norman Redlich, Dean of the New York University School of Law, affirms the value of The Moral Decision as an authoritative and humane introduction to law and morality. (shrink)

Morality is a normative system of guidance that figures into practical reason by telling people what to do in various situations. The problem, however, is that morality has inherent gaps that often render it inefficacious. First, it may be indeterminate due to the high level of generality in which its principles are formulated. Second, moral terms such as ‘good’ and ‘right’ may be so vague that they fail to specify the requisite behavior. And third, its subjective aspect, which (...) is a product of personal experience, generates moral disagreement and thereby creates coordination problems that frustrate society’s collective moral aims. The objective of this article is to advance the thesis that morality must sometimes depend on law as a supplementary source of practical reason, a dependence which can be explained in terms of three essential features of law: its institutional character, its claim to authority, and its status as a second-order exclusionary reason for action. It shall then be explained how these three features enable law to make difficult decisions on behalf of individuals, define objective standards of conduct, and solve coordination problems, respectively, and in doing so, manage to fill in the gaps of morality mentioned above. Hence, it will be argued that law is also a normative system that helps people achieve their moral aims, notwithstanding the fact that it guides human behavior through a different logic and mode of operation from those of morality. (shrink)

Richard Alexander's second book on biology and morality is a continuation and amplification of the project he reported on in Darwinism and Human Affairs1. The Biology of Moral Systems is more abstract than the earlier book. It does not broach any new empirical ground, but puts Alexander's views into a broader context of philosophical and sociological discussions of morality. It discusses and criticizes alternative philosophical and biological views of morality, and presents his views on the significance of biology to (...) moral issues in law, democracy and pursuit of the Good. In one interesting section that I will not be able to discuss here, Alexander provides an evolutionary hypothesis to explain each of Kohlberg's stages of moral development (pp. 131ff). The book ends with a discussion of some specific moral problems. (shrink)

No single moral theory can instruct us as to whether and to what extent we are confronted with legal loopholes, e.g. whether or not new legal rules should be added to the system in the criminal law field. This question on the primary rules of the law appears crucial for today’s debate on roboethics and still, goes beyond the expertise of robo-ethicists. On the other hand, attention should be drawn to the secondary rules of the law: The unpredictability (...) of robotic behaviour and the lack of data on the probability of events, their consequences and costs, make hard to determine the levels of risk and hence, the amount of insurance premiums and other mechanisms on which new forms of accountability for the behaviour of robots may hinge. By following Japanese thinking, the aim is to show why legally de-regulated, or special, zones for robotics, i.e. the secondary rules of the system, pave the way to understand what kind of primary rules we may want for our robots. (shrink)

Wittgenstein and Kripke disagree about the status of the proposition: the Standard Metre is one metre long. Wittgenstein believes it is necessary. Kripke argues that it is contingent. Kripke's argument depends crucially on a certain sort of thought‐experiment with which we are invited to test our intuitions about what is and isn’t necessary. In this paper I argue that, while Kripke's conclusion is strictly correct, nevertheless similar Kripke‐style thought experiments indicate that the metric system of measurement is after all (...) relative in something like the way Wittgenstein seems to think. Central to this paper is a thought‐experiment I call The Smedlium Case. (shrink)

In Legality, Scott Shapiro introduces what he calls the “Planning Theory of Law.” Shapiro introduces the idea of a plan with examples from outside of the law. He then must provide an account of what is distinctive about law, such that the other plan-based social orders are not also legal systems. He gives two answers: first, a legal system is organized by a moral aim. Second, a legal system is self-certifying. I examine these in turn, and argue (...) that each can only characterize what is distinctive about law if the relevant moral problem that law aims to solve is itself specifically concerned with authority—that is with who gets to decide about what. Other forms of planning assign roles to people to solve problems that have nothing to do with authority; law uses role-based authority to solve a moral problem that is fundamentally about authority. (shrink)

Se realizó una investigación en sistemas y servicios de salud de tipo descriptiva transversal, con el objetivo de elaborar un sistema de acciones de capacitación para el profesional de la enfermería comunitaria en la prevención del embarazo en la adolescencia. Se aplicaron métodos teóricos y empíricos propios de la investigación científica. El universo lo constituyeron 20 profesionales de enfermería que laboran en consultorios del Área Salud "Tula Aguilera". La muestra quedó conformada por los 12 profesionales que aceptaron participar en el (...) estudio. El criterio de exclusión fue la libre decisión de cada individuo para participar o retirarse de la investigación. Se aplicó una encuesta estandarizada, previo consentimiento informado, para determinar el nivel de conocimientos sobre salud reproductiva en la adolescencia. Los resultados constatados reflejaron que la mayoría de los encuestados tenían criterios estrechos, no fundamentados científicamente ni actualizados sobre el tema, por lo que se diseñó un sistema de acciones de capacitación basado en conocimientos científicos actualizados, pertinentes y contextualizados. Cada actividad se propuso demostrar la factibilidad e importancia de utilizar técnicas participativas y la fundamentación de las ventajas de su uso en diferentes actividades comunitarias, encaminadas a enfatizar en la organización, movilización, concientización y capacitación a los diferentes sujetos sociales involucrados en la prevención del embarazo en la adolescencia, para que estos se conviertan en transformadores de su propia realidad, en correspondencia con sus necesidades y demandas sociales. A descriptive transversal study was carried out on health systems and services aiming at designing a system of training actions for the community professional nurses in order to prevent pregnancy in adolescence. Theorical and empirical methods were applied. The universe was made up of twenty professionals who consented to participate in the study. The inclusion criterion was the free decision of each individual on either participating or not in the investigation. A standard survey was applied -with a previous informed consent , to determine the knowledge about reproductive health in adolescence. The results revealed that most of the surveyed people had narrow criteria with no updated scientific grounds on the issue, thus a system of training actions based on updated scientific pertinent contextualized information was designed Each activity aimed at demonstrating the feasibility study of using participative techniques as well as the reasons for the advantages of their use in a variety of community activities to emphasize the organization and understanding of the different social subjects involved in the prevention of pregnancy in adolescence. (shrink)

What are moral principles? The assumption underlying much of the generalism–particularism debate in ethics is that they are (or would be) moral laws: generalizations or some special class thereof, such as explanatory or counterfactual-supporting generalizations. I argue that this law conception of moral principles is mistaken. For moral principles do at least three things that moral laws cannot do, at least not in their own right: explain certain phenomena, provide particular kinds of support (...) for counterfactuals, and ground moral necessities, “necessary connections” between obligating reasons and obligations. Moreover, neither a best-systems theory of moral principles nor any of the competing theories of moral principles proposed by Sean McKeever and Michael Ridge, Pekka Väyrynen, and Mark Lance and Margaret Little could vindicate the law conception of moral principles. I conclude with some brief remarks about what moral principles might be if they are not moral laws. (shrink)

Antony Duff argues that the criminal law’s characteristic function is to hold people responsible. It only has the authority to do this when the person who is called to account, and those who call her to account, share some prior relationship. In systems of domestic criminal law, this relationship is co-citizenship. The polity is the relevant community. In international criminal law, the relevant community is simply the moral community of humanity. I am sympathetic to his community-based analysis, but argue (...) that the moral community must play a greater role in the domestic case and that the collection of individual political communities must play a greater role in the international case. (shrink)

This chapter contains sections titled: The Concept of a Categorical Imperative The First Formula: FUL and FLN The Second Formula: FH Third Formula: FA (and FRE) The System of Formulas and the “Universal” Formula Conclusion.

This article investigates how the Kantian moral law is employed by Fichte in the System of Ethics of 1798 as a cosmic principle in order to deliver a deduction of its applicability in the world of sense. It considers how Kant’s conception of a moral teleology in the 1790 Critique of the Power of Judgment inspires Fichte to harness the concept of the original, determinate end of a natural thing in the deduction as a means of mediating (...) the Kantian “supersensible idea of the morally good” by sensible intuitions. He goes beyond Kant by taking the law to be “actually operative” in ordinary consciousness and consequently “a theoretical principle for the determination of the world.”. (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)

According to contemporary nonpositivist theories, legal obligations are a subset of our genuine moral obligations. Debates within nonpositivism then turn on how we delimit the legal “domain” of morality. Recently, nonpositivist theories have come under criticism on two grounds. First, that they are underinclusive, because they cannot explain why paradigmatically “legal” obligations are such. Second, that they are overinclusive, because they count as “legal” certain moral obligations that are plainly nonlegal. This paper undertakes both a ground-clearing exercise for (...) and a defense of nonpositivism. It argues, in particular, that Dworkin's claims about the legal domain of morality in his later work are often mischaracterized by critics, because these critics fail to read these claims in light of his earlier theory of “Law as Integrity.” A nonpositivist theory that unifies Dworkin's earlier and later work, I argue, deals with the criticisms leveled at nonpositivist theories better than other nonpositivist competitors. (shrink)

My aim in this essay is largely defensive. I aim to discuss some problems for moral error theory and to offer plausible solutions. A full positive defense of moral error theory would require substantial investigations of rival metaethical views, but that is beyond the scope of this essay. I will, however, try to motivate moral error theory and to clarify its commitments. Moral error theorists typically accept two claims – one conceptual and one ontological – about (...) moral facts. The conceptual claim is that moral facts are or entail facts about categorical reasons (and correspondingly that moral claims are or entail claims about categorical reasons); the ontological claim is that there are no categorical reasons – and consequently no moral facts – in reality. I accept this version of moral error theory and I try to unpack what it amounts to in Section 2.1 In the course of doing so I consider two preliminary objections: that moral error theory is (probably) false because its implications are intuitively unacceptable (what I call the Moorean objection) and that the general motivation for moral error theory is self-undermining in that it rests on a hidden appeal to norms. The above characterization seems to entail the standard formulation of moral error theory, according to which first-order moral claims are uniformly false. Critics have argued that the standard formulation is incoherent since – by the law of excluded middle – the negation of a false claim is true. Hence if ‘Torture is wrong’ is false, ‘Torture is not wrong’ is true. Contrary to what moral error theorists contend, then, moral error theory seems to carry first-order moral implications that by the theory’s own lights are uniformly false. In Section 3 I suggest a formulation that is consistent with the standard formulation of moral error theory, free of first-order moral implications, and subject to no logical difficulties. In Section 4 I consider and rebut Stephen Finlay’s recent attack on moral error theory. According to Finlay the conceptual claim is false because all moral claims – and indeed all normative claims – are, or should be understood as, relativized to some moral standard or system of ends. Moral error theorists thus attribute to ordinary speakers an error that simply isn’t there. I argue that Finlay’s view has some very implausible implications and that it does not avoid commitment to various forms of error theory. This becomes especially clear when we focus on fundamental moral claims. In Section 5 I consider the worry that error theorists’ rejection of categorical reasons proves too much; in particular, the worry that error theorists’ qualms about categorical reasons apply equally to claims about hypothetical reasons, that is, claims to the effect that there is reason to take the means to one’s ends. In my view error theorists such as Mackie and Joyce have failed to pay due consideration to this problem. What the challenge establishes, I submit, is that error theorists cannot just take for granted that hypothetical reasons are metaphysically unproblematic; they must offer an account of hypothetical reasons that shows that they are. I argue that the only plausible account available to error theorists is one according to which claims about hypothetical reasons reduce to non-normative claims about relations between means and ends. (shrink)

This is the first book to systematically examine the underlying theory of evidence in Anglo-American legal systems. Stein develops a detailed and innovative theory which sets aside the traditional vision of evidence law as facilitating the discovery of the truth. Combining probability theory, epistemology, economic analysis, and moral philosophy, he argues instead that the fundamental purpose of evidence law is to apportion the risk of error in conditions of uncertainty.

Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, (...) and they eventually consent to norms of international law to regulate matters of common interest.In this groundbreaking book, Fernando Tesón goes against this prevailing thought by arguing, in the Kantian tradition, that a shared respect for individual human rights underpins not just the obligation countries feel to follow international law but also international laws themselves and even the very legitimacy of nations in the eyes of the international community. Tesón, both a lawyer and a philosopher, proposes that an overlapping respect for human rights has created a moral common ground among the countries of the world; and moreover, that such an outlook is the only one that is rationally defensible. It is this common set of values rather than self-interest that ultimately provides legitimacy to international law. Using the tools of moral philosophy, Tesón analyzes the concepts of sovereignty, intervention, and national interest; the contributions of social contact theory, game theory, and feminist theory; and the puzzles of self-determination and group rights.More than simply outlining his theory, Tesón goes on to give detailed examples of international laws, international institutions, and their human rights foundations, putting his ideas to work and addressing legal reforms called for by the theory. He suggests that treaties, for example, should be considered binding if, and only if, the consent to the treaty was given by a genuinely representative government, one that acts out of interest for the human rights of its citizens. Although the theoretical achievement of this book is to challenge received wisdom on the foundation of international law, the practical ambition is a call to reform the international legal system for the post–Cold War era, to substitute for the old order one that gives primacy to human dignity and freedom over state power. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.4 (2003) 558-559 [Access article in PDF] Stephen Gaukroger. Descartes' System of Natural Philosophy. New York: Cambridge University Press, 2002. Pp. viii + 258. Cloth, $60.00. Paper, $22.00. Stephen Gaukroger, author of a definitive biography of Descartes, has now written an excellent account of Descartes's natural philosophy as presented in his Principia philosophiae. Gaukroger claims that the roots of modernity lay in (...) the philosophies of Francis Bacon and René Descartes, both of whom regarded natural philosophy, rather than either moral philosophy or metaphysics, as the core of the philosophical enterprise. Whereas Bacon developed his ideas from a background steeped in the writings of the Renaissance humanists who emphasized moral philosophy, Descartes developed his ideas in the context of Scholastic philosophy, particularly the textbooks of the Jesuits that he had encountered at La Flèche and that located the foundations of philosophy in metaphysics.Regarding the unpublished early works, Le monde and L'homme, as suppressed parts of Descartes's mature project and taking seriously Descartes's stated intention of dealing with living things and humans along with the physical world in his natural philosophy, Gaukroger presents a detailed account of this "complete" version of the Principia philosophiae. In a series of six chapters, he explicates Descartes's views on the principles of knowledge, the principles of material objects, the visible universe, the Earth, living things, and man. In addition to Le monde and L'homme, Gaukroger draws on Les Passions de l'âme as an important source for Descartes's views on human nature.Gaukroger situates Descartes's natural philosophy in the context of the Scholastic textbook tradition in a chapter preceding his account of the Principa philosophiae. He delves into the history of medieval universities, the place of natural philosophy in the medieval curriculum, and the changing relationship between metaphysics and natural philosophy, particularly after the Condemnations of 1277. Difficulties in reconciling Aristotelian natural philosophy and Christian theology, which had been formulated in terms of Aristotelian metaphysics, continued into the sixteenth century and provided the immediate background to the Jesuit commentaries and textbooks to which Descartes was exposed as a student. In these works, Jesuit philosophers attempted to derive a coherently unified Christian Aristotelianism from first principles. Gaukroger reminds us that Descartes's Principia philosophiae was a deliberate attempt to replace these Jesuit textbooks with one based on mechanistic principles.Despite the strength of Gaukroger's book as a contextualized study of a major philosophical figure who is frequently treated in an entirely ahistorical way, the book is not without its problems. The main problem is one that plagues many studies of Descartes (and other canonical figures in the history of philosophy), to wit, the presumption that he is somehow unique. For example, Gaukroger writes at length about Descartes's views about the differences between animals and humans with regard to cognition, arguing that Descartes did not consider animals to be automata because they lack rational souls but rather that they actually experience some but not all of the more abstract or reflexive forms of cognition usually ascribed to humans. Gaukroger does not mention the fact that many other early modern philosophers held a view like this. For example, Descartes's contemporary and fellow mechanical philosopher Pierre Gassendi claimed that animals could know universals, as when a dog recognizes that it is a human that is approaching, but differ from humans in not being capable of contemplating the nature of universality per se. Descartes was part of a community of thinkers concerned with similar problems, and his natural philosophy can be illuminated by viewing him in that context as well as against the backdrop of Scholasticism.Gaukroger underplays the significance of theology for Descartes's philosophy. Although he discusses how God's attributes, especially immutability, provide the basis for Descartes's laws of motion, he does not explore the specific aspects of Descartes's theological presuppositions and the way they influenced his entire natural philosophical project. Gaukroger repeats the received view that "One of the principal tasks of a mechanistic natural philosophy... (shrink)