Die Rechtstheorie von Thomas von Aquin ist vermutlich die einflussreichste Darstellung der Naturrechtstheorie in der Rechtsphilosophie. Die zeitgenössische Literatur zur Naturrechtslehre zeigt jedoch, dass es nicht nur eine Art von Naturrechtstheorie gibt. Philosophen wie Mark C. Murphy haben hilfreiche Unterscheidungen zwischen verschiedenen Versionen der Naturrechtstheorie getroffen, indem sie versuchten, eine gemeinsame naturrechtliche Position zu identifizieren. Ziel dieses Artikels ist es, die folgende Frage zu beantworten: Welche Version der Naturrechtstheorie repräsentiert die Rechtstheorie des Thomas von Aquin am besten, da es verschiedene (...) Arten von Naturrechtstheorien gibt? Zunächst analysiere ich kritisch einige herausragende Versionen der Naturrechtstheorie. Diese Analyse bietet einen theoretischen Rahmen, um zu bestimmen, welche Art von Naturrechtstheorie Thomas von Aquin vertritt. Ich argumentiere, dass Thomas von Aquins Darstellung der Tyrannei in De Regimine Principum zeigt, dass er eine hybride Version der Naturrechtstheorie vertritt. Nach seiner Naturrechtstheorie gibt es eine moralische Mindestanforderung, die Regeln erfüllen müssen, um rechtsgültig zu sein; sobald dieses Minimum erreicht ist, ist jede Steigerung ihrer Moral auch eine Steigerung ihrer Legalität. Ich behaupte auch, dass die Naturrechtstheorie des Thomas von Aquin trotz ihrer Subtilität eine Schwäche aufweist, nämlich dass sie schwer mit dem gewöhnlichen Rechtsleben vereinbar ist. Die Ansicht, dass ein Gesetz „mehr oder weniger“ Gesetz sein könnte, und die Überzeugung, dass es für die Rechtsgültigkeit notwendige moralische Anforderungen gibt, sind nicht ausreichend durch die tatsächliche Rechtserfahrung begründet. (shrink)

The case law of the Court of Justice of the European Union is shaped by the language in which it is drafted—i.e. French. However, because French is rarely the mother tongue of those drafting that case law, the texts produced are often stilted and awkward. In addition, those drafting such case law are constrained in their use of language and style of writing. These factors have led to the development of a ‘Court French’ which necessarily shapes the case law produced (...) and has implications for its development, particularly insofar as it inevitably leads to a type of precedent in that case law. That case law also undergoes many permutations of translation into and out of up to 23 different languages. The resultant texts that make up the case law are hybrid in nature—consisting of a blend of cultural and linguistic patterns, constrained by a rigid formulistic drafting style and put through many permutations of translation. The present paper investigates the production of the Court’s multilingual case law and considers whether the hybrid nature of that case law can actually aid the presentation of a ‘uniform’ EU case law. (shrink)

Collection of papers delivered at a symposium held in Lausanne, 10-11 September 2009.".

Few automated legal reasoning systems have been developed in domains of law in which a judicial decision maker has extensive discretion in the exercise of his or her powers. Discretionary domains challenge existing artificial intelligence paradigms because models of judicial reasoning are difficult, if not impossible to specify. We argue that judicial discretion adds to the characterisation of law as open textured in a way which has not been addressed by artificial intelligence and law researchers in depth. We demonstrate that (...) systems for reasoning with this form of open texture can be built by integrating rule sets with neural networks trained with data collected from standard past cases. The obstacles to this approach include difficulties in generating explanations once conclusions have been inferred, difficulties associated with the collection of sufficient data from past cases and difficulties associated with integrating two vastly different paradigms. A knowledge representation scheme based on the structure of arguments proposed by Toulmin has been used to overcome these obstacles. The system, known as Split Up, predicts judicial decisions in property proceedings within family law in Australia. Predictions from the system have been compared to those from a group of lawyers with favourable results. (shrink)

Three popular views regarding the modal status of the laws of nature are discussed: Humean Supervenience, nomic necessitation, and scientific/dispositional essentialism. These views are examined especially with regard to their take on the apparent modal force of laws and their ability to explain that modal force. It will be suggested that none of the three views, at least in their strongest form, can be maintained if some laws are metaphysically necessary, but others are metaphysically contingent. Some reasons for thinking that (...) such variation in the modal status of laws exists will be presented with reference to physics. This drives us towards a fourth, hybrid view, according to which there are both necessary and contingent laws. The prospects for such a view are studied. (shrink)

Dworkin’s famous argument from legal disagreements poses a problem for legal positivism by undermining the idea that the law can be (just) the result of the practice and attitudes of norm-applying officials. In recent work, the chapter author argued that a hybrid contextualist theory paired with a dispositional theory of value—a hybrid dispositionalism, for short—offers the resources to respond to similar disagreement- based arguments in other evaluative and normative domains. This chapter claims that the theory the author advocates (...) can extend to legal statements and disputes, and shares some important features with Toh’s (2011) idea that legal statements express shared acceptance of norms. The chapter proposes that a contextualist semantics for legal statements paired with the pragmatic communication of implicatures that express shared acceptances of norms, achieves the same goal that Toh aims at. (shrink)

"This edited collection is the result of a workshop organised in March 2014 at the University of Birmingham's Institute for Advanced Studies, entitled: Hybridity: Exploring Power, Social Structures, and Institutions Beyond the Liberal West.--ECIP introduction.

This Article calls for a departure from the ‘positivist–professional’ definition of Elder Law. It offers a new definition that demands answers regarding the justifications for this legal area and the normative base that should guide its content. The paper draws on findings from a qualitative study with grown children who have an elderly parent in need. These findings point toward a) a preliminary theoretical framework that justifies a special area of Elder Law, embracing and transcending that of anti-ageist law, and (...) b) the relevance of Family Law jurisprudence as a normative inspiration for this legal area. (shrink)

Recent studies of conceptual metaphors in a legal context have often dealt with the power of embodiment. However, the connotations of culturally originated metaphors could be different when they appear in laws and regulations. In particular, the role of metaphor when the legislator wishes to define intention in hybrid organizations is investigated here. The case studied is how a conceptual metaphor of ‘business’ manifesting itself in the Swedish simile adjective affärsmässig has spread over 40 years. ‘Business’ early on acquired (...) connotations such as impartiality and methodical approach, and can be used metaphorically. Introduced in the regulation of public procurement, ‘businesslike’ was later used to regulate conflicts of interest, restrict state aid and also entered tax legislation. Analysis of Swedish court decisions where ‘businesslike’ occurs shows how the emphasis has shifted from public sector efficiency to neo-liberal principles of competition, while stronger social norms related to environmental effects have led to the term being removed from the Public Procurement Act. Elements of a mixed jurisdiction arise from reliance on EU case-law, and national use of ambiguous cultural metaphors in legal texts and court decisions is a plausible response. (shrink)

In a recent paper, Tuomas Tahko has argued for a hybrid view of the laws of nature, according to which some physical laws are metaphysically necessary, while others are metaphysically contingent. In this paper, we show that his criterion for distinguishing between these two kinds of laws — which crucially relies on the essences of natural kinds — is on its own unsatisfactory. We then propose an alternative way of drawing the metaphysically necessary/contingent distinction for laws of physics based (...) on the central kinematical/dynamical distinction used in physical theorising, and argue that the criterion can be used to amend Tahko’s own account, but also that it can be combined with different metaphysical views about the source of necessity. (shrink)

In this paper, I have two primary goals. First, I show that the causal-based story approach in A hybrid formal theory of arguments, stories and criminal evidence is ill suited to negative causation. In the literature, the causal-based approach requires that hypothetical stories be causally linked to the explanandum. Many take these links to denote physical or psychological causation, or temporal precedence. However, understanding causality in those terms, as I will show, cannot capture cases of negative causation, which are (...) of interest to the Law. In keeping with this, I also discuss some of the difficulties Hybrid Theory invites by remaining silent on the nature of the causal links. In my second aim, I sketch a way for Hybrid Theory to overcome this problem. By replacing the original, underlying causal structure with contrastive causation in the law, Hybrid Theory can represent reasoning in which the evidence that is appealed to is causally linked via negative causation to the explananda. (shrink)

BackgroundReports suggest that some health care personnel fear retaliation from seeking ethics consultation. We therefore examined the prevalence and determinants of fear of retaliation and determined whether this fear is associated with diminished likelihood of consulting an ethics committee.MethodsWe surveyed registered nurses (RNs) and social workers (SWs) in four US states to identify ethical problems they encounter. We developed a retaliation index (1–7 point range) with higher scores indicating a higher perceived likelihood of retaliation. Linear regression (...) analysis was performed to identify socio-demographic and job characteristics associated with fear of retaliation. Logistic regression analysis was performed to determine whether fear of retaliation was associated with less likelihood of seeking consultation. Results Our sample (N = 1215) was primarily female (85%) and Caucasian (83%) with a mean age of 46 years and 17 years of practice. Among the sample, 293 (48.7%) RNs and 309 (51.3%) SWs reported access to an ethics consultation service. Amongst those with access, 2.8% (n = 17) personally experienced retaliation, 9.1% (n = 55) observed colleagues experience retaliation, 30.2% (n = 182) reported no experience with retaliation but considered it a realistic fear, and 50.8% (n = 305) did not perceive retaliation to be a problem. In logistic regression modeling, fear of retaliation was not associated with the likelihood (OR = 0.64; 95% CI = 0.22–1.89) or frequency of requesting ethics consultation (OR = 0.81; 95% CI = 0.27–2.38). Conclusion Fear of retaliation from seeking ethics consultation is common among nurses and social workers, nonetheless this fear is not associated with reduced requests for ethics consultation. (shrink)

This article focuses on Latin American constitutionalism with two goals in mind. The first goal is to identify narratives of constitutional mixity or hybridity that have been influential in Latin America, something that habilitates a comparative analysis with references to mixed or hybrid constitutionalism in other scenarios. One narrative underlines the combination of U.S.-inspired constitutionalism with background civil law systems. Another narrative highlights the way classic regional constitutional designs feature a liberal-conservative hybridation that, some claim, continue to influence constitutional (...) dynamics up to this day. And the third narrative is associated with the establishment in regional countries of hybrid or mixed systems of judicial review. The second goal of the article, more methodological in kind, is to explore what do Latin American narratives on mixity teach in the way to clarifying the nature and implications of exercises constitutional taxonomy. As it emerges, constitutional taxonomy is a way of organizing and generating knowledge which is useful to describe, but most meaningful when addressed to provide an explanation, which is often just an antechamber to normative evaluation. Whether a particular exercise of constitutional taxonomy makes sense in a particular scenario, however, is a different matter, and the article suggests that describing, explaining and evaluating Latin American constitutions as hybrid is illuminating but also problematic in a number of ways. (shrink)

In this chapter, I argue that one can articulate a historically attuned and analytically rich model for understanding jazz in its various inflections. That is, on the one hand, such a model permits us to affirm jazz as a historically conditioned, dynamic hybridity. On the other hand, to acknowledge jazz’s open and multiple character in no way negates our ability to identify discernible features of various styles and aesthetic traditions. Additionally, my model affirms the sociopolitical, legal (Jim Crow and copyright (...) laws), and economic structures that shaped jazz. Consequently, my articulation of bebop as an inflection of Afromodernism highlights the sociopolitical, and highly racialized context in which this music was created. Without a recognition of the sociopolitical import of bebop, one’s understanding of the music is impoverished, as one fails to grasp the strategic uses to which the music and discourses about the music were put. (shrink)

Jason A. Frank, Constituent Moments: Enacting the People in Postrevolutionary America, Duke University Press, ISBN - 9780822346630Vicki Hsueh, Hybrid Constitutions: Challenging Legacies of Law, Privilege and Culture in Colonial America, Duke University Press, ISBN - 9780822346180.

This paper presents a theory of reasoning with evidence in order to determine the facts in a criminal case. The focus is on the process of proof, in which the facts of the case are determined, rather than on related legal issues, such as the admissibility of evidence. In the literature, two approaches to reasoning with evidence can be distinguished, one argument-based and one story-based. In an argument-based approach to reasoning with evidence, the reasons for and against the occurrence of (...) an event, e.g., based on witness testimony, are central. In a story-based approach, evidence is evaluated and interpreted from the perspective of the factual stories as they may have occurred in a case, e.g., as they are defended by the prosecution. In this paper, we argue that both arguments and narratives are relevant and useful in the reasoning with and interpretation of evidence. Therefore, a hybrid approach is proposed and formally developed, doing justice to both the argument-based and the narrative-based perspective. By the formalization of the theory and the associated graphical representations, our proposal is the basis for the design of software developed as a tool to make sense of the evidence in complex cases. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Mary Margaret Mackenzie THE TEARS OF CHRYSES: RETALIATION IN THE ILIAD1 ATHEORY of punishment is a systematic justification of the practice of punishment. Before the emergence of true penology in classical Greece—in Plato's Laws for example—penal transactions are associated only with pre-philosophic rationalizations. But such rationalizations must, nevertheless, be regarded as the antecedents of a formalized theory of punishment. In order to understand the classical approach to punishment, (...) therefore, we should look to the early literature for evidence, descriptive or evaluative, of the penological antecedents. To begin at the beginning, this article will consider the Iliad. Yet this procedure begs questions. First of all, a critic might deny the propriety of the use of literary evidence in a study of a philosophical problem. The objection is twofold—both against the treatment of literature as philosophy and against the assumption of continuity in the transition from non-philosophical to explicitly philosophical sources. To this the answer lies partly in the nature of Greek culture. Until the sophistic age there existed no moral philosophy as such—and yet the Greeks were capable of considering and solving moral problems, such as the questions surrounding the practice of punishment. Thus while we should distinguish between this unphilosophical approach and the systematic analyses of the philosopher, the problems with which they deal remain the same. Second, Homer depicts a fictional society: it is a common contention that we therefore have no grounds for attributing consistency or historical reality to any of the institutions described in the poems. Thus the proposition is that, not content with inventing a story to tell, Homer imagined all the trappings of the fiction as well—the conventions and the sentiments bear no relation to conventions or values of his own or any other time. The same argument might be applied to other literary works which make no claim to historicity. But its plausibility depends upon an inflated notion of fiction in which nothing of the 4 Philosophy and Literature story approaches the familiar experiences of its hearers. It is, of course, more reasonable to suppose that fiction generally derives its impact from familiarity, and that Homer's popularity was founded in his appeal to the audience's imagination in the context of their own lives. Thus while the story itself is fiction, it is associated with fact in its detail—the commonplaces of social life and human reaction among which the heroes move. Our task is to look to the commonplaces, for here will be found the social practices and the assumptions which Homer's audience would take for granted. Finally, we may generally suppose that the context of a particular source is determined chiefly by its antecedents. If, however, we are to treat the Homeric poems as the earliest Greek literary sources available to us, there is a major difficulty in this establishment of context: the absence of antecedent. The discussion of Homeric society has been severely hampered by the lack of contemporary referents and by the consequent temptation to import our own values as yardsticks for the measuring of the idiosyncracies of Homeric thought. To a large extent this is a useful enterprise; it is possible, for instance, to point out the differences between Homeric military structure and our own, or between the kingship system and the political structures of later Greek societies. On the other hand, as soon as the discussion turns to values, the issue becomes complicated; to compare two values, in our own society and in the Homeric poems, tends to presuppose some common ground where there need be none, to assume that the way we might translate a word reflects significantly upon its original use. This third difficulty gives rise to an eristic dilemma, common in the history of ideas: how do we know that a transaction is a punishment unless we already know that it is a punishment? Or if we are uncertain whether punishment occurs (and if we have no common language to help in the identification), where should we look for it? Further, having established the area in which punishment should occur, what criteria are to be employed to determine whether in fact it does? The first... (shrink)

In recent years an increasing quantity of UK legislation has introduced blended or ‘hybridised’ procedures that blur the previously clear demarcation between civil and criminal legal processes, typically on the grounds of normatively-motivated political expediency. This paper provides a critical perspective on instances of procedural hybridisation in order to illustrate that, first, the reliance upon civil law measures to remedy criminal law infractions can raise human rights issues and, second, that such instrumental criminal justice strategies deliberately circumvent the enhanced procedural (...) protections of the criminal law. By conceptualising the rule of law as a structural coupling between the political and legal systems, and due process rights as necessary and self-imposed limitations upon systemic operations, this paper employs a systems-theoretical approach to critique this balancing act between expediency and principle, and queries the circumstances under which legislation contravening the rule of law can be said to lack legitimacy. (shrink)

The susceptible-transmissible-removed (STR) model is a deterministic compartment model, based on the susceptible-infected-removed (SIR) prototype. The STR replaces 2 SIR assumptions. SIR assumes that the emigration rate (due to death or recovery) is directly proportional to the infected compartment’s size. The STR replaces this assumption with the biologically appropriate assumption that the emigration rate is the same as the immigration rate one infected period ago. This results in a unique delay differential equation epidemic model with the delay equal to the (...) infected period. Hamer’s mass action law for epidemiology is modified to resemble its chemistry precursor—the law of mass action. Constructing the model for an isolated population that exists on a surface bounded by the extent of the population’s movements permits compartment density to replace compartment size. The STR reduces to a SIR model in a timescale that negates the delay—the transmissible timescale. This establishes that the SIR model applies to an isolated population in the disease’s transmissible timescale. Cyclical social interactions will define a rhythmic timescale. It is demonstrated that the geometric mean maps transmissible timescale properties to their rhythmic timescale equivalents. This mapping defines the hybrid incidence (HI). The model validation demonstrates that the HI-STR can be constructed directly from the disease’s transmission dynamics. The basic reproduction number (R0\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${\mathcal{R}}_0$$\end{document}) is an epidemic impact property. The HI-STR model predicts that R0∝ρnB\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${\mathcal{R}}_0 \propto \root \mathfrak{B} \of {\rho_n}$$\end{document} where ρn\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\rho_n$$\end{document} is the population density, and B\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${\mathfrak{B}}$$\end{document} is the ratio of time increments in the transmissible- and rhythmic timescales. The model is validated by experimentally verifying the relationship. R0\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$${\mathcal{R}}_0$$\end{document}’s dependence on ρn\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\rho_n$$\end{document} is demonstrated for droplet-spread SARS in Asian cities, aerosol-spread measles in Europe and non-airborne Ebola in Africa. (shrink)

It has frequently been observed in the literature on hybrid wars that there is a grey zone between peace and war, and that hybrid wars are conflicts which are not clear cases of war. In this paper, I attempt to illuminate this grey zone and the concept and nature of war from the philosophical discussions of vagueness and institutional facts. Vague terms are characterized by the fact that there is no non-arbitrary boundary between entities which lie in their (...) extension, and entities which do not lie in their extension. I apply a theory of vagueness to notions such as “war” and “peace” and go on to suggest that the exact boundary for what counts as a war or not is arbitrary. However, the context in which the conflict occurs determines a range of possible locations for this boundary. The most important contextual parameter is in this respect how the parties to the conflict themselves conceptualize the conflict. I suggest that this can in various ways help us understand grey-zone conflicts. (shrink)

This article compares and contrasts the patenting of animals, humans, and biotechnological inventions in the United States, at the European Patent Office, and within the European Union. It shows that morality is not a concern of U.S. legislative instruments or courts and patents have been granted liberally on living organisms, from microorganisms to mammals, in North America since the 1980s. By way of contrast, both European legislative instruments enshrine a morality bar that must be employed to deny patentability. Their implementation, (...) however, is unpredictable due to a lack of detailed guidance on what morality means. The remit of the morality bar extends principally to humans, but the interests of animals must now also be factored into the equation. The manner in which this is done is unclear and patents on plants, although controversial among the public in general, do not unduly trouble lawmakers now that a significant time has elapsed since this Rubicon was crossed. This article explains and critically assesses these systems while identifying some of the ethical problems that are likely to emerge in due course focusing on the ad hoc regard paid to animals and the lack of a structured approach to considering their rights or welfare. (shrink)

This article considers natural law perspectives on the nature of law. Natural law theories are united by what Mark Murphy calls the natural law thesis: law is necessarily a rational standard for conduct. The natural law position comes in strong and weak versions: the strong view holds that a rational defect in a norm renders it legally invalid, while the weak view holds that a rational defect in a legal norm renders it legally defective. The article explores the motivations for (...) the natural law position, before considering three lines of natural law argument found in the literature. I conclude by examining the arguments offered by John Finnis and Murphy in support of the weak natural law view. I suggest that these arguments fail to impugn the strong natural law thesis. Indeed, the functional argument outlined by Murphy provides a plausible route to a hybrid natural law view that incorporates both weak and strong claims. (shrink)

Combating the identity problem is crucial and urgent as false identity has become a common denominator of many serious crimes, including mafia trafficking and terrorism. Without correct identification, it is very difficult for law enforcement authority to intervene, or even trace terrorists’ activities. Amongst several identity attributes, personal names are commonly, and effortlessly, falsified or aliased by most criminals. Typical approaches to detecting the use of false identity rely on the similarity measure of textual and other content-based characteristics, which are (...) usually not applicable in the case of highly deceptive, erroneous and unknown descriptions. This barrier can be overcome through analysis of link information displayed by the individual in communication behaviours, financial interactions and social networks. In particular, this paper presents a novel link-based approach that improves existing techniques by integrating multiple link properties in the process of similarity evaluation. It is utilised in a hybrid model that proficiently combines both text-based and link-based measures of examined names to refine the justification of their similarity. This approach is experimentally evaluated against other link-based and text-based techniques, over a terrorist-related dataset, with further generalization to a similar problem occurring in publication databases. The empirical study demonstrates the great potential of this work towards developing an effective identity verification system. (shrink)

Immanuel Kant appears to make both retributivist and consequentialist statements about criminal punishment in the Metaphysical Foundations of the Doctrine of Right. In recent decades, some scholars have argued that Kant’s theory of criminal punishment is a hybrid of consequentialism and retributivism. B. Sharon Byrd’s interpretation is the most influential version of this view. I argue that the textual evidence in favor of the consequentialist side of the hybrid interpretation is weak and the evidence in favor of the (...) retributivist side is non-existent. There are also passages that contradict the interpretation. I conclude that the hybrid interpretation should be abandoned. (shrink)

Social interaction and the constitution of mediated and nested space in the court of appeal -- Conclusion -- Concluding remarks: On becoming juridical -- Ways of spacing law and politics -- Becoming juridical -- Towards hybrid juridical spaces -- References -- Index.

Recent years have seen mounting challenge to the model of the criminal trial on the grounds it is not cost-effective, not preventive, not necessary, not appropriate, or not effective. These challenges have led to changes in the scope of the criminal law, in criminal procedure, and in the nature and use of criminal trials. These changes include greater use of diversion, of fixed penalties, of summary trials, of hybrid civil–criminal processes, of strict liability, of incentives to plead guilty, and (...) of preventive orders. The paper will assess the implications of these changes for the function of the criminal law, assessing the reasons behind them, and examining whether or not they are to be welcomed. Identifying the larger import of these changes draws attention to the changing relationship between state and citizen as well as changes in the nature of the state itself. These can in turn be attributed to a jostling among the different manifestations of the authoritarian state, the preventive state, and the regulatory state. These changes have profound normative implications for a liberal theory of the criminal law that require its re-articulation and its defence. A modest start may be to insist that where the conduct is criminal and the consequences are punitive the protections of criminal procedure and trial must be upheld. (shrink)

In one common type of hybrid war states intervene on behalf of insurgents who represent a repressed identity group, but without ‘putting boots on the ground’. Such cases may be regarded as hybrids which contain elements of both ‘old’ and ‘new wars’. In ‘old wars’ victory in combat is sought and non-combatants do not need to be targeted. ‘New wars’ are identity conflicts in which civilians on the opposing side themselves become the hated objects of attack. This poses problems (...) for an intervening state which would not wish to tolerate such behaviour. One question to ask is whether the state owes the insurgents medical assistance if they require it. While they have a prima facie claim as combatants, their bad behaviour, it is argued, leads them to forfeit it. In ‘old wars’ civilians expect those fighting on their behalf to avoid attacks on enemy non-combatants, and states will wish insurgents to do likewise. Were military medics to treat insurgents who breach the laws of armed conflict and return them to service and probable re-offending they would arguably be accomplices. Medics should not be placed in this position for their role is not only ‘to conserve the fighting strength’ and to mitigate the horrors of war but also to facilitate its being fought justly. For, were they not to be deployed to treat wounded civilians and prisoners when possible, more suffering would ensue than necessity required, contrary to the cardinal principle of jus in bello. But similarly, if they allowed this sort of suffering to occur by treating lawless insurgents who go on to cause it, then the same principle is breached. Therefore, they should not be deployed when this would happen. (shrink)

After qualifying in which sense ‘realism’ can be applied to eighteenth-century views about morality, I argue that while Kant shares with traditional moral realists several fundamental claims about morality, he holds that those claims must be argued for in a radically different way. Drawing on his diagnosis of the serious weaknesses of traditional moral realism, Kant proposes a novel approach that revolves around a hybrid view about moral obligation. Since his solution to that central issue combines elements of realism (...) with elements of voluntarist ascent, Kant’s position can be characterized as an idealist version of moral realism or, more specifically, as the combination of a strong realism about the moral law with an idealist account of moral obligation. (shrink)

This paper focuses on two legal languages such as the legal English developed by the European Union institutions and the legal Chinese of Mainland China, to study whether the mental representations and the embodied simulation created by the conceptual metaphors for the same Western concept, right, differ in any significant ways. By analysing the data contained in two large corpora, this study has found that, despite the common origin of the concept right in the two legal languages, they conceptualise it (...) in a significantly different fashion. Finally, the findings of this study are read through the theoretical framework proposed for this special issue—hybridity and the Third Space. While it is somewhat straightforward to conceive of Euro English as a hybrid language, owing to the multilingual and supranational setting where it is used, this study has found that the Chinese legal language, too, is a hybrid language exhibiting linguistic features that intersect different belief systems. (shrink)