This book focusses on conceptual shifts in the successive formulations of natural law theory by Aquinas, Suárez, Grotius, Pufendorf, and Finnis, and reveals the accumulation of problems, inherent in natural law and theory, which ultimately led to its demise.

Brouwer defended the view that the autonomy of the individual citizen is furthered by articulated, precise and clear legislation. The question arises whether all kinds of rules can be said to enhance such autonomy. It is argued that a distinction should be drawn between rules that dictate desirable outcomes, on the one hand, and rules that determine the way the game is played, on the other. Rules of the game often reflect the way they were drafted and can be seen (...) as the embodiment of power relations between rule-makers. Rules that dictate outcomes, on the other hand, are often drafted by experts who analyse the goals to be reached. The view is defended that only rules of the game – potentially – enhance the autonomy of the citizen, whereas outcome-rules are potentially manipulative, tending to exclude those who are ill-equipped to realize the prescribed outcomes. The virtues of rules therefore do not merely reside in their clear and precise nature, but are largely derived from their capacity to regulate the relations amongst citizens who were included in the process of rulemaking. (shrink)

Moet er strenger gestraft worden of juist niet? Mag de rechter door de wetgever aan banden worden gelegd? In hoeverre mag de overheid ingrijpen in het privéleven van haar burgers? Deze vragen zijn inzet van menig opiniërend krantenartikel of discussieprogramma. Ook degenen die zich beroepshalve met het recht bezighouden zullen zich van tijd tot tijd moeten bezinnen op taak en functie van het recht. Moeten we regels toepassen als ze tot onrechtvaardige uitkomsten leiden? Leiden regels wel tot het doel waarvoor (...) ze zijn opgesteld? Dit zijn allemaal vragen over het recht waarop door het recht zelf geen antwoorden kunnen worden gegeven. Betekent dit dat discussies over deze kwesties zinloos zijn omdat zij ontaarden in politieke welles-nietes spelletjes? Deze inleiding in de rechtsfilosofie beoogt te laten zien dat dit niet hoeft. (shrink)

This article investigates the implications of goal-legislation for legal argumentation. In goal-regulation the legislator formulates the aims to be reached, leaving it to the norm-addressee to draft the necessary rules. On the basis of six types of hard cases, it is argued that in such a system there is hardly room for constructing a ratio legis. Legal interpretation is largely reduced to concretisation. This implies that legal argumentation tends to become highly dependent on expert (non-legal) knowledge.

This book features essays that investigate the nature of legal validity from the point of view of different traditions and disciplines. Validity is a fascinating and elusive characteristic of law that in itself deserves to be explored, but further investigation is made more acute and necessary by the production, nowadays, of soft law products of regulation, such as declarations, self-regulatory codes, and standardization norms. These types of rules may not exhibit the characteristics of formal law, and may lack full formal (...) validity but yet may have a very real impact on people's lives. The essays focus on the structural properties of hard and soft legal phenomena and the basis of their validity. Some propose to redefine validity: to allow for multiple concepts instead of one and/or to allow for a gradual concept of validity. Others seek to analyze the new situation by linking it to familiar historical debates and well-established theories of law. In addition, coverage looks at the functions of validity itself. The discussion considers both international law as well as domestic law arrangements. What does it mean to say that something is valid? Should we discard validity as the determining aspect of law? If so, what does this mean for our concept of law? Should we differentiate between kinds of validity? Or, can we say that rules can be "more" or "less" valid? After reading this book, practitioners, scholars and students will have a nuanced understanding of these questions and more. Chapter 6 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com. (shrink)

This is the first comprehensive account of Kant’s cosmopolitanism, highlighting its moral, political, legal, economic, cultural, and psychological aspects. Contrasting Kant’s views with those of his German contemporaries, and relating them to current debates, Pauline Kleingeld sheds new light on texts that have been hitherto neglected or underestimated. In clear and carefully argued discussions, she shows that Kant’s philosophical cosmopolitanism underwent a radical transformation in the mid 1790s and that the resulting theory is philosophically stronger than is usually thought. (...) Using the work of figures such as Fichte, Cloots, Forster, Hegewisch, Wieland, and Novalis, Kleingeld analyzes Kant’s arguments regarding the relationship between cosmopolitanism and patriotism, the importance of states, the ideal of an international federation, cultural pluralism, race, global economic justice, and the psychological feasibility of the cosmopolitan ideal. In doing so, she reveals a broad spectrum of positions in cosmopolitan theory that are relevant to current discussions of cosmopolitanism. -/- TABLE OF CONTENTS: Acknowledgments; Abbreviations; Introduction; 1. World citizens in their own country: Wieland and Kant on moral cosmopolitanism and patriotism; 2. Universal republic of world citizens or international federation?: Cloots and Kant on global peace; 3. Global hospitality: Kant's concept of cosmopolitan right; 4. Hierarchy or diversity?: Forster and Kant on race, culture, and cosmopolitanism; 5. International trade and justice: Hegewisch and Kant on cosmopolitanism and globalization; 6. Cosmopolitanism and feeling: Novalis and Kant on the development of a universal human community; 7. Kant's cosmopolitanism and current philosophical debates; Bibliography; Index. (shrink)

What are the implications for theory and research in psychology of a hermeneutic perspective that takes practices as its starting point notion? The author addresses this wide-ranging issue by considering a number of specific questions in turn, including, among others, whether the hermeneutic perspective leads to rejecting systematic, quantitative research methods; whether it leads to the conclusion that efforts at theory and research provide us with an understanding of human behavior that is arbitrary; and whether a practices-based perspective points to (...) a way of pursuing inquiry in psychology that is better than proceeding along the lines of mainstream psychology. The answers to these questions include a number of surprises, especially regarding how the hermeneutic perspective contrasts with mainstream psychology and how it differs from social constructionism. The author also identifies challenging issues for adherents of the hermeneutic perspective, including, in particular, issues concerning the limits of what we can know about psychological phenomena. 2012 APA, all rights reserved). (shrink)

Considering recent failed attempts to derive an ethical theory from Georg Lukács’s original formulation of reification, this paper offers an alternative more rooted in Lukács’s theory as a whole. By analyzing his critique of the empty Ought in Kant and Fichte, followed by his advocacy of substantial, materially-grounded Oughts in his late Ontology, I suggest that we can nevertheless find latent possibilities for grounding such values even in his theory of reification. Drawing on recent interpretations of Lukács that emphasize his (...) debt to Neo-Kantianism, Husserl et al, I argue that one of Lukács’s central critiques of reification is precisely its expulsion of substantial values from formal social relationships. This implies, I suggest, a structural demand to reincorporate such values within relations, so that they might reach valid form; I conclude with some suggestions on the ethical demands this might entail. (shrink)

The Moral Self addresses the question of how morality enters into our lives. Pauline Chazan draws upon psychology, moral philosophy, and literary interpretation to rebut the view that morality's role is to limit desire and control self-love. Preserving the ancients' connection between what is good for the self and what is morally good, Chazan argues that a certain kind of care for the self is central to moral agency. This book offers a dynamic interdisciplinary slant on the discussion of (...) moral theory. (shrink)

At the same time that social justice concerns are on the rise on college campuses, empathy levels among US college students are falling. Social injustice resulting from organizational decisions and actions causes profound and unnecessary human suffering, and research to understand antecedents to these decisions and actions lacks attention. Empathy represents a potential tool and critical skill for organizational decision-makers, with empirical evidence linking empathy to moral recognition of ethical situations and greater breadth of understanding of stakeholder impact and improved (...) financial success. This study explores the potential relationship between empathy and social justice, using a multifaceted operationalization of social justice, which includes management actions and social sympathies. Results broadly support the positive empathy and social justice relationship and suggest higher education interventions to develop empathy in college business students. (shrink)

Using Reidenbach and Robin‘s ( Journal of Business Ethics 7, 871–879, 1988) multi-criteria ethics instrument, we carried out the first empirical test of Robertson and Crittenden‘s (Strategic Management Journal 24, 385–392, 2003) cross-cultural map of moral philosophies to examine what ethical criteria guide business people in Russia and the U.S. in their intention to behave. Competing divergence and convergence hypotheses were advanced. Our results support a convergence hypothesis, and reveal a common emphasis on relativism. Americans are also influenced by the (...) justice criterion while Russians tend to emphasize utilitarianism. (shrink)

The present article will introduce a proposition of semiotic methodology that can be used to diagnose cohabitation issues in cities between human inhabitants and non-human liminals. This methodology is built on a few sets of data that should be easy to obtain in any important city, and can therefore be utilised in a variety of situations. The different sets of data allow us to map the cohabitation semiosphere (following Hoffmeyer’s meaning of the term) of the situation along three axes: the (...) materiality of the situation, the symbolic significance of the relationship, and the emotional significance of the interaction. These three aspects allow us to see gaps, paradoxes and points of consistency, enabling complex and multi-level understanding of the situation. (shrink)

The Montagovian hypothesis of direct model-theoretic interpretation of syntactic surface structures is supported by an account of the semantics of binding that makes no use of variables, syntactic indices, or assignment functions & shows that the interpretation of a large portion of so-called variable-binding phenomena can dispense with the level of logical form without incurring equivalent complexity elsewhere in the system. Variable-free semantics hypothesizes local interpretation of each surface constituent; binding is formalized as a type-shifting operation on expressions that denote (...) functions, & sentences containing a free pronoun are analyzed as a function from individuals to propositions having a meaning of type (e,t). Standard weak crossover effects & binding patterns in sentences with multiple pronouns are shown to submit to straightforward type-theoretic treatments that do not rely on indexation. The variable-free semantics smoothly implements full surface compositionality & requires less machinery than standard accounts to handle functional questions, their answers, sloppy inferences, & across-the-board binding. 73 References. J. Hitchcock. (shrink)

Longtemps dans l'ombre de sa critique par Marx et Engels, L'Essence du christianisme de Feuerbach doit être lue pour elle-même et en fonction de son contexte. Prenant position dans les polémiques qui agitent l'Ecole hégélienne, cette oeuvre inaugure en 1841 sa scission jeune-hégélienne. Feuerbach cherche en effet ici à démontrer philosophiquement l'athéisme et à soutenir ses conséquences politiques. Dans l'espace germanique de la Restauration, l'ouvrage fait scandale et rencontre un succès que les interdictions de la censure prussienne ne parviennent pas (...) à remettre en cause. A l'heure où l'intérêt pour Feuerbach renaît dans l'université française, ce petit livre offre une introduction à la lecture de L'Essence du christianisme, en éclairant ses critiques de la religion et de la théologie, leur fondement anthropologique et leurs conséquences pratiques. En appendice, un choix d'extraits de l'ouvrage vient appuyer cette lecture. (shrink)

La loi dite Macron du 6 août 2015 introduit pour la première fois dans le Code du travail la notion de « travail en soirée », distincte du travail en journée et du travail de nuit, qui étaient jusque-là les deux seuls horaires journaliers définis juridiquement. À partir d’une analyse approfondie des pratiques nocturnes dans le commerce de détail parisien et des règles négociées sur le travail de nuit dans les entreprises, l’article étudie la sociogenèse de cette nouvelle catégorie juridique (...) afin d’en mesurer la signification et la portée. Il montre que cette invention contribue au processus de colonisation de la nuit, puisqu’elle permet de légaliser une pratique croissante – le travail salarié au-delà de 21 heures dans le commerce – qui était jusque-là illégale et jugée comme telle par les tribunaux. Cependant, ces « nocturnes » font l’objet d’acceptations différenciées de la part des salarié·es. D’ailleurs, cette innovation juridique résulte d’une intensification des conflits autou... (shrink)

Post-modernism offers a revolutionary approach to the study of society: in questioning the validity of modern science and the notion of objective knowledge, this movement discards history, rejects humanism, and resists any truth claims. In this comprehensive assessment of post-modernism, Pauline Rosenau traces its origins in the humanities and describes how its key concepts are today being applied to, and are restructuring, the social sciences. Serving as neither an opponent nor an apologist for the movement, she cuts through post-modernism's (...) often incomprehensible jargon in order to offer all readers a lucid exposition of its propositions. Rosenau shows how the post-modern challenge to reason and rational organization radiates across academic fields. For example, in psychology it questions the conscious, logical, coherent subject; in public administration it encourages a retreat from central planning and from reliance on specialists; in political science it calls into question the authority of hierarchical, bureaucratic decision-making structures that function in carefully defined spheres; in anthropology it inspires the protection of local, primitive cultures from First World attempts to reorganize them. In all of the social sciences, she argues, post-modernism repudiates representative democracy and plays havoc with the very meaning of "left-wing" and "right-wing." Rosenau also highlights how post-modernism has inspired a new generation of social movements, ranging from New Age sensitivities to Third World fundamentalism. In weighing its strengths and weaknesses, the author examines two major tendencies within post-modernism, the largely European, skeptical form and the predominantly Anglo-North-American form, which suggests alternative political, social, and cultural projects. She draws examples from anthropology, economics, geography, history, international relations, law, planning, political science, psychology, sociology, urban studies, and women's studies, and provides a glossary of post-modern terms to assist the uninitiated reader with special meanings not found in standard dictionaries. (shrink)

Brown, Pauline I recently came across an article by Meg Keneally in The Guardian. I can think of no better description of our policies and practices on immigration detention than the following extract: It's a well-worn solution to an intractable human problem involving a large group of inconvenient people - ship them off somewhere, put a wall around them, and try to forget about the whole thing. You could argue that our country was founded as a result of this (...) approach. You could also argue that we learned our lesson too well, because it's an approach we are still using when it comes to vulnerable people who have undertaken hazardous ocean journeys - and the outcomes are no more humane than they were in the 18th and 19th centuries. (shrink)

The article re-examines Marx’s liberal period as a contributor to and later as a member of the editorial board of the Rhenish Gazette and the question of the consequences of his liberalism on his transition to socialism. Far from claiming straight away to be the most politically radical of the young Hegelians, the young Marx outlined in his 1842-43 articles a version of moderate republicanism, close to that of Carl von Rotteck. It was by following the gradual distancing of the (...) young Hegelians from liberalism and their concomitant radicalisation, that Marx successively adopted democratic and then socialist positions. This political and theoretical evolution is nonetheless predicated upon the anti-liberal elaboration of what had been a liberal problematic, formulated from 1842 : the question of the autonomy of society relative to the State. It was by way of the critical comprehension of the implications of this demand that Marx gradually arrives at the critique of the constitutional State as an abstract political sphere, and to the defense of a social self-organization for which the requisite is the prior transformation of the activity in question. (shrink)

Inscriptions of Assyrian kings disclose that these rulers maintained and improved the land near the palace. This paper brings together the pictorial versions of what may be described as the “Assyrian royal landscape,” that is, outdoor scenery designed for royal purposes and represented on the stone panels that lined the walls of the palaces at Nimrud, Nineveh, and Dur-Sharrukin. The royal landscapes differ from reign to reign, since they each reflect some aspect of the particular king’s rule. The description and (...) discussion of the individual scenes also take into account the rationale behind their creation. Textual and archaeological data are supportive additions, and the previous studies of other scholars are also considered. The discussion of scenes carved on the stone panels follows in chronological sequence the reigns of four Assyrian kings: Ashurnasirpal II, Sargon II, Sennacherib, and Ashurbanipal. The chronological presentation demonstrates that royal landscape imagery in the sculptural arts progressed as a method of documentation by the Assyrian kings. (shrink)

The Moral Self addresses the question of how morality enters into our lives. Pauline Chazan draws upon psychology, r ral philosophy and literary interpretation to rebut the view that morality's role is to limit desire and control self-love. Perserving the ancients' connection between what is good for the self and what is morally good, Chazan argues that a certain kind of care for the self is central to moral agency. Her intriguing argument begins with a critical examination of the (...) views of Hume, Rousseau and Hegel. The constructive part of the book takes a more unusual turn by synthesising the work on the analyst Heinz Kohut and Aristotle into Chazan's own positive account, which is then illustrated by the use of Russian literature. (shrink)

Mimicry in the animal kingdom mostly consists of two major types: by appearance or by behaviour. Although these are not the only ones, they will be the main focus of this article. We will develop two purposes of behavioural mimicry in animal death rituals : how it helps understanding a complex concept, and how it teaches to manage intense emotions. We will first show how ritual mimicry is a logical step in the evolution of appearance mimicry and why it can (...) be a major advantage for the species that are able to use it. We will give a brief explanation of the importance of the notion of semiosis in behavioural mimicry. In a few words, we will also describe what a ritual is, how to recognize it and what its different features are. Then, for the first purpose, we will show how understanding what death is, or at least, what it is not – not sleep, nor illness – is difficult. This process starts through mimicry, which raises awareness in the young that a major event is occurring. For the second purpose, we will show how mimicry helps the young learn ritual behaviours and gestures which help distressed adults with managing their emotions in these situations. As such, mimicry is also a way to learn this emotional behaviour management, enabling the young – and future adult – to be less distressed when confronted with loss. (shrink)

The question of quantitative methods versus qualitative methods appears periodically in most of the scientific fields. Which is the most relevant? The most useful? Do we find the same things when using these two options, are they congruent? While most of the academic fields have a quite important and strong literature dealing with these questions nowadays, it is not really the case for zoosemiotics. In this paper, I will introduce the main issues zoosemioticians can resolve by using quantitative methods and (...) tools, and how and why it is mandatory to implement them if qualitative theory to pursue our researches further. (shrink)

This paper discusses how major changes in methodology, ideology and the points of view of researchers have given linguistics a new opportunity to study animal semiotics and return to the “animal language” question. The article presents new linguistic perspectives from language theory but also from sociolinguistics, language development studies or the study of sign language. This paper shows how these perspective changes have scientifically modified the way linguists approach animal communication and cleared a path for new study fields such as (...) biosemiotics and zoosemiotics. The second part of this article introduces other significant evolutions in various scientific fields, such as biology, neuroscience or ethology, but also philosophy, and how these changes are going in the same directions as linguistics’. It demonstrates how animal linguistics is without doubt a completely interdisciplinary subject where efficient research is only possible by paradigm changes in all related fields. The last part of the paper introduces some of these possible new study prospects. (shrink)

This essay recounts the early history of the development of Chinese studies in the United States undertaken by the American Council of Learned Societies, starting in 1928 under the leadership of its newly appointed Assistant Secretary, Mortimer Graves, in collaboration with key members of the American Oriental Society. Through planning conferences, surveys, and reports, he ascertained the needs of the field and secured funding to meet them. These included seed money for faculty positions, fellowships for graduate students and scholars, programs (...) to spark interest in Asian studies curricula, the creation of bibliographical and journal resources and a new scholarly society, and the development of intensive language training methods. Subsequent philanthropic and government support continued this trajectory, but Graves’s thirty-year campaign succeeded in laying the foundation for the field as we know it today. (shrink)

This paper argues for the hypothesis of direct compositionality (as in, e.g., Montague 1974), according to which the combinatory syntactic rules specify a set of well-formed expressions while the semantic combinatory rules work in tandem to directly supply a model-theoretic interpretation to each expression as it is "built" in the syntax. (This thus obviates the need for any level like LF and, concomitantly, for any rules mapping surface structures to such a level.) I focus here on one related group of (...) phenomena: the interaction of "paycheck" pronouns with Weak Crossover effects and i-within-i effects. These interactions were studied in Jacobson (1977) as they show up in Back-Peters sentences. There I argued that these interactions show that paycheck pronouns have a complex representation at LF; here I show that all of the observations in this earlier work are compatible with the hypothesis of direct compositionality. The key tool is the adoption of a variation-free semantics (a semantics which makes no use of variables as part of the semantic machinery). In addition to the general consequences for the syntax/semantics interface, there are two other main results. First, I provide new arguments for a variable-free semantics. For example, it will be shown that under this view the paycheck reading of a pronoun comes for free; most other theories posit additional mechanisms and/or an additional lexical meaning for pronouns, and thus paycheck and regular pronouns are only accidentally homophonous. Second, I reiterate one of the central points in Jacobson (1977): this is that the first pronoun in a Bach-Peters sentence is indeed a paycheck pronoun, and hence nothing special needs to be said about these sentences nor does any new machinery need to be invoked for them. (shrink)