INDICE -/- Note biografiche Introduzione, di Riccardo Faucci -/- Parte I - Da Verri a Toniolo 1. Jeremy Bentham: Contemporary Interpretations, di M.D.A. Freeman 2. Su Helvétius, Beccaria e Bentham, di Letizia Gianformaggio 3. L'etica utilitaristica di Pietro Veti, di Vincenzo Polignano 4. ll liberismo interventista di Vincenzo Emanuele Sergio, di Anna Li Donni 5. Il concetto di " felicità pubblica, nella << Genesi del diritto penale » di Romagnosi, e il rapporto Romagnosi-Bentham, di Robertino Ghiringhelli 6. « La (...) più grande felicità per il maggior numero » all'Accademia dei Georgofili ( 18)0-1850), di Gabriella Gioli 7. Una nota su Manzoni critico dell'utilitarismo, di Maurizio Mori 8. Sul concetto di utile in Francesco Ferrara e in Maffeo Pantaleoni, di Daniela Parisi Acquaviva 9. Sul pensiero sociale cristiano di fronte all'edonismo, di Luciano Avagliano 10. Giuseppe Toniolo e il recupero cattolico dell'utile e del valore, di Anna Camaiti -/- Parte II Aspetti di storia del pensiero economico nell’età classica -/- 1. La filosofia economica di Thomas Hobbes, di Marco Bertozzi 2. Ordinamento del sapere, modelli metodologici ed economia politica in Adam Smith, di Sergio Cremaschi 3. Elementi classici nel pensiero di Adam Smith: giurisprudenza romana e morale stoica, di Gloria Vivenza 4. Il “lusso” negli economisti italiani del Settecento, di Cosimo Perrotta 5. Prezzi naturali, prezzi di mercato e legge degli sbocchi nel dibattito fra Malthus e Ricardo, di Lilia Costabile 6. Marx e la moneta, di Roberto Petrini -/- . (shrink)

MEDIEVAL LOGICS LAMBERT MARIE DE RIJK (ed.), Die mittelalterlichen Traktate De mod0 opponendiet respondendi, Einleitung und Ausgabe der einschlagigen Texte. (Beitrage zur Geschichte der Philosophie und Theologie des Mittelalters, Neue Folge Band 17.) Miinster: Aschendorff, 1980. 379 pp. No price stated. THE SEVENTEENTH CENTURY MARTA FATTORI, Lessico del Novum Organum di Francesco Bacone. Rome: Edizioni dell'Ateneo 1980. Two volumes, il + 543, 520 pp. Lire 65.000. VIVIAN SALMON, The study of language in 17th century England. (Amsterdam Studies in the Theory (...) and History of Linguistic Science, Series 111: Studies in theHistory of Linguistics, Volume 17.) Amsterdam: John Benjamins B.V., 1979.x + 218 pp. Dfl. 65. Theoria cum Praxi. Zum Verhaltnis von Theorie und Praxis im 17. und 18. Jahrhundert. (Akten des 111. Internationalen Leibnizkongress, Hannover, 12. bis 17.November 1977, Band 111: Logik, Erkenntnistheorie, Wissenschaftstheorie, Metaphysik, Theologie.) Wiesbaden: Franz Steiner Verlag, 1980. vii + 269 pp. DM 48. CLASSICAL AND NON-CLASSICAL LOGICS MICHAEL CLARK, The place of syllogistic in logical theory. Nottingham: University of Nottingham Press, 1980. ix + 151 pp. £3.00. A.F. PARKER-RHODES, The theory of indistinguishables. Dordrecht, Boston and London: D. Reidel Publishing Company, 1981. xvii + 216 pp. Dfl.90.00/$39.50. NICHOLAS RESCHER and ROBERT BRANDOM, The logic of inconsistency. Oxford:Basil Blackwell, 1980. x + 174 pp. f 11.50. MISCELLANEOUS J. ZELENY, The logic of Marx. Translated from the German by T. Carver. Oxford: Basil Blackwell, 1980. xcii + 247 pp. £12.50. FELIX KAUFMANN, The infinite in mathematics. Edited by Brian McGuinness. Introduction by E. Nagel. Translation from the German by Paul Foulkes. Dordrecht: Reidel, 1978. xvii + 235 pp. Dfl 85/$39.50 (cloth); Dfl 45/$19.95 (paper). PAMELA MCCORDUCK, Machines who think. San Francisco: W.H. Freeman and Company, 1979. xiv + 275 pp. $14.95. J. MITTELSTRASS (ed.), Enzyklopadie Philosophie und Wissenschaftstheorie Bd. 1 : A-G. Mannheim, Wien, Ziirich: Bibliographisches Institut, 1980. 835 pp. DM 128. (shrink)

ABSTRACT The contemporary world is politically organised on the assumption that there exists an international community which should be governed by the rule of law under the authority of the United Nations Organisation. This idea may be called cosmopolitan liberalism. It is commonly criticised for ineffectiveness caused by excessive respect for the sovereignty of states. Recently, it has become apparent that cosmopolitan liberalism is inadequate to conceptualise and consequently to solve the practical problems posed by nationalism. David Miller has sought (...) to rehabilitate ‘nationality’in left‐liberal political philosophy. Reasons are presented for believing that his defence of nationality is inadequately articulated with cosmopolitan liberalism and consequently morally dangerous from a liberal point of view. (shrink)

This book celebrates the work of Patricia Werhane, an iconic figure in business ethics. This festschrift is a collection of articles that build on Werhane’s contributions to business ethics in such areas as Employee Rights, the Legacy of Adam Smith, Moral Imagination, Women in Business, the development of the field of business ethics, and her contributions to such fields as Health Care, Education, Teaching, and Philosophy. All papers are new contributions to the management literature written by well-known business ethicists, such (...) as Norman Bowie, Richard De George, Ronald Duska, Edwin Hartman, Michael Hoffman, Mollie Painter-Morland, Mark Schwartz, Andrew Wicks, and others. The volume is comprised of articles that reflect on Werhane’s work as well as build on it as a way to advance further research. At the end of the festschrift, Pat Werhane provides responses to each chapter. The first chapter of the book also includes the overview of Patricia Werhane’s work and her academic career. The book is written to appeal to management scholars and graduate students interested in the areas of Business Ethics, Modern Capitalism, and Human Rights. Patricia Werhane is one of the most distinguished figures in the field of business ethics. She was a founder of the field, she is one of its leading scholars, and she has had a profound impact on the world of business practice. Among her many accomplishments, Pat is known for her original work on moral imagination, she is an acclaimed authority on employee rights in the workplace, and she is one of the leading scholars on Adam Smith. Having been active in Academia for over 50 years, Werhane is a prolific author of over a hundred articles and book chapters, and the author or editor of twenty-seven books, including Adam Smith and his Legacy for Modern Capitalism, Moral Imagination and Management Decision-Making, and co-authored books Organization Ethics in Health Care, Alleviating Poverty Through Profitable Partnerships, Obstacles to Ethical Decision-Making, Corporate Responsibility: The American Experience, and Research Approaches to Business Ethics and Corporate Responsibility. (shrink)

ABSTRACT Genocide is a political catastrophe. Yet it has not received much academic attention. A few social scientists have studied it. Philosophers have largely ignored it. There is a large literature on the Holocaust, but there is little agreement as to how this should be related to other genocides. Some have argued that the Holocaust represented a crisis of Western culture, but that Western culture has not responded adequately for the lack of the appropriate self‐understanding. This crisis has been attributed (...) to the predominance of scientistic models of rationality in our culture. Social‐scientific approaches to genocide have been criticised because of their commitment to logical empiricism, which is held to be epistemologically and ethically inadequate. Ethical approaches based on liberal humanism have been criticised by post‐Nietzschean philosophers for their attachment to allegedly outworn metaphysical assumptions. However, the deconstruction of social science and liberal ethics leads in the direction of relativism and nihilism, which are either useless or dangerous in the face of evils such as genocide. The arguments against conventional social science and ethics are examined, and a counter‐critique made of post‐modern philosophy in order to clear the ground for constructive thinking about genocide. (shrink)

Journal of Social Philosophy, EarlyView.

Philosophy Compass, Volume 17, Issue 4, April 2022.

Previous ed. by : Lord Lloyd of Hampstead and M.D.A. Freeman.

Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year, leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloqium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice.Law (...) and Psychology, the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and psychology. The volume includes studies of jury trials in terrorism cases, psychological evidence in family law cases, child witness testimony and the role of psychology in punishment theory. (shrink)

Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year, leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloqium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice.Law (...) and Psychology, the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and psychology. The volume includes studies of jury trials in terrorism cases, psychological evidence in family law cases, child witness testimony and the role of psychology in punishment theory. (shrink)

Many believe the existence of a moral right to some good should lead to recognition of a corresponding legal right to that good. If, for instance, there is a moral right to healthcare, it is natural to believe countries should recognize a legal right to healthcare. This article demonstrates that justifying legal rights to healthcare is more difficult than many assume. The existence of a moral right is insufficient to justify recognition of a corresponding justiciable constitutional right. Further conditions on (...) when it is appropriate to recognize constitutional rights are rarely satisfied in the healthcare case. And focusing on aspirational or statutory rights presents costs for those seeking to justify legal rights on the basis of corresponding moral ones while maintaining empirical challenges for justifying constitutional rights. This suggests movement from a moral right to a corresponding legal one is far from straightforward and justifies examining alternative means of realizing moral socio‐economic rights such as the proposed moral right to healthcare. (shrink)

COVID-19-related controversies concerning the allocation of scarce resources, travel restrictions, and physical distancing norms each raise a foundational question: How should authority, and thus responsibility, over healthcare and public health law and policy be allocated? Each controversy raises principles that support claims by traditional wielders of authority in “federal” countries, like federal and state governments, and less traditional entities, like cities and sub-state nations. No existing principle divides “healthcare and public law and policy” into units that can be allocated in (...) intuitively compelling ways. This leads to puzzles concerning (a) the principles for justifiably allocating “powers” in these domains and (b) whether and how they change during “emergencies.” This work motivates the puzzles, explains why resolving them should be part of long-term responses to COVID-19, and outlines some initial COVID-19-related findings that shed light on justifiable authority allocation, emergencies, emergency powers, and the relationships between them. (shrink)

The contention that medical artificial intelligence (AI) should be ‘explainable’ is widespread in contemporary philosophy and in legal and best practice documents. Yet critics argue that ‘explainability’ is not a stable concept; non-explainable AI is often more accurate; mechanisms intended to improve explainability do not improve understanding and introduce new epistemic concerns; and explainability requirements are ad hoc where human medical decision-making is often opaque. A recent ‘political response’ to these issues contends that AI used in high-stakes scenarios, including medical (...) AI, must be explainable to meet basic standards of legitimacy: People are owed reasons for decisions that impact their vital interests, and this requires explainable AI. This article demonstrates why the political response fails. Attending to systemic considerations, as its proponents desire, suggests that the political response is subject to the same criticisms as other arguments for explainable AI and presents new issues. It also suggests that decision-making about non-explainable medical AI can meet public reason standards. The most plausible version of the response amounts to a simple claim that public reason demands reasons why AI is permitted. But that does not actually support explainable AI or respond to criticisms of strong requirements for explainable medical AI. (shrink)

Motherhood is no longer a clear-cut concept. Is it a mere biological fact, or does it require a volitional component? This question is answered differently throughout Europe. The French regime of accouchement sous X is more oriented towards the second option. Conversely, the English system identifies parturition as the exclusive determinant for defining legal motherhood. This debate has an impact on the resolution of another issue, namely whether an individual, preeminently a child, has a right to know about his/her origins. (...) The recognition of an absolute right of a woman to give birth anonymously evidently contravenes France’s obligation to protect the right to know one’s origins, as enshrined in the UNCRC as well as in the ECHR. Furthermore, despite its laudable purpose, the French regime has proved unable to prevent tragic events, such as infanticide, abandonment and abortion. But does English law offer a solution that is more respectful of children’s rights? To all appearances, it does, but not substantially. The denial of accouchement sous X should not be viewed as enhancing the overall protection of children’s rights in England. By providing abortion on demand, a woman’s right to renounce maternity is fully protected and, therefore, the legalization of anonymous birth would be superfluous. In light of the complexity of the issue whether a child has the right to know his/her origins, categorical positions are not appropriate, since they implicitly postulate hierarchies of rights. To the contrary, the acknowledgement of the competing rights as equally fundamental makes it possible to achieve a fair equilibrium between the interests of all parties involved. In this balancing exercise, the reconceptualization of identity as child-centered has the potential to overcome the culturally-constructed dichotomy of biological connections/social bonds and, therefore, to realize the best interests of every child. (shrink)

Should face transplants be undertaken? This article examines the ethical problems involved from the perspective of the recipient, looking particularly at the question of identity, the donor and the donor’s family, and the disfigured community and society more generally. Concern is expressed that full face transplants are going ahead.

Book Reviews MICHAEL DA SILVA, Dialogue: Canadian Philosophical Review/Revue canadienne de philosophie, FirstView Article.

This year's volume of collected papers in the Current Legal Problems series provides in-depth analyses some important developments which have taken place in recent months. Public law has witnessed much activity both in the courts and in Parliament during the last twelve months and this is reflected in three essays which examine different aspects of human rights, equality, and the right to privacy. In the wake of the Royal Commission on Criminal Justice, two lengthy essays deal with evidence in police (...) investigations and the concept of due process and pre-trial criminal justice. (shrink)

This, the 55th volume of Current Legal Problems explores a wide range of subjects, both novel, and more conventional. There are essays on private and public international law, on European Community law, and on an 'English' constitution. The concept of freedom is analysed. There is an examination of the current state of evidence teaching and research, and of remedies in company law and in workplace harassment. Current Legal Issues is the sister volume to Current Legal problems. Based upon an international, (...) inter-disciplinary colloquium, it has thus far explored the links between law and science, law and literature, law and medicine, law and religion, and law and geography. Forthcoming volumes will cover law and history, law and popular culture, law and sociology, law and philosophy, and law and psychiatry. (shrink)

Current Legal Problems was established after the Second World War as a series of public lectures on law. It is now regarded as the most significant such series in the United Kingdom. Each year edited texts are reproduced in the form of a volume. This year's is the 56th such volume. The range of subject-matter as ever is wide. Subjects explored this year include the jurisprudence of Genesis; the law of delict; fair trials and safe convictions; and war, terrorism, and (...) international law. Amongst the contributors to this volume are Joseph Thomson, Lord Phillips of Worth Matravers, and Philippe Sands QCLReadership: Legal scholars and practitioners. (shrink)

This year's volume of collected papers in the Current Legal Problems series provides in-depth analyses some important developments which have taken place in recent months. Public law has witnessed much activity both in the courts and in Parliament during the last twelve months and this is reflected in three essays which examine different aspects of human rights, equality, and the right to privacy. In the wake of the Royal Commission on Criminal Justice, two lengthy essays deal with evidence in police (...) investigations and the concept of due process and pre-trial criminal justice. (shrink)

Law and Bioethics contains a broad range of essays by scholars interested in the interactions between law and bioethics It includes studies examining the regulation of stem cell research, human rights and bioethics, the regulation of reproductive technologies, and distributive justice in healthcare and pandemic planning.

This volume considers the many areas where medicine intersects with the law. Advances in medical research, reproductive science and genetics have given rise to unprecedented ethical and legal quandaries. These are reflected in chapters on cloning, organ donation, choosing genetic characteristics, and the use of Viagra.

Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year, leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloqium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. (...) -/- Law and Philosophy, the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and philosophy. It includes studies examining the themes of the nature of law; and interactions between State, the citizen, and the law. (shrink)

Liberal theories of justice have often been unable to include the recognition of minority rights or of multiculturalism because of their emphasis on individuals. In contrast, recent theories of cultural recognition and minority rights have underestimated the tensions between group and individual rights. It is precisely the incorporation of past wrongs and their impact on present politics that can advance the liberal theory of justice for cultural minorities and their members.

This work motivates the Combined Model for Combining Ideals, which Larry Temkin introduces in “sketch” form in Rethinking the Good, and goes on to begin filling in the details of the sketch. It argues that the Combined Model for Combining Ideals is most plausible when there are upper and lower caps on the extent to which an ideal can add to or subtract from the overall goodness of an outcome, but the caps for different values can and should differ.

ABSTRACTErnest Weinrib claims that the purpose of private law is to correct injustices between private parties and the use of private laws for consequentialist ends is a distortion. Weinrib’s primary argument highlights the distinctiveness of corrective justice and distributive justice. Weinrib claims to have an Aristotelian proof for their distinctiveness, but formalisation of and commentary on this aspect of his argument are lacking. This piece fills that gap in the literature. It provides purposely and strategically simple formal models of the (...) structure of corrective and distributive justice, and demonstrates that they are not reducible to one another and cannot be placed under a larger, non-trivial mathematical formula that generalises for even a large number of private law cases. (shrink)

Individual rights to healthcare (RTHCs) are increasingly common in law. Yet even plausible theoretical defences thereof raise a classic problem in the philosophy of rights: How do individual rights relate to ‘collective’ rights within the same domain? Collective rights are common in international law and in the domestic laws of states that recognize RTHCs. These collective rights often include health‐related components. There are at least prima facie plausible reasons to think that such collective ‘health rights’ should exist. A complete account (...) of health rights should thus explain how individual and collective health rights claims relate to one another and what one should do in cases where the claims conflict. This work contributes to our understanding of health rights by analysing the relationship between individual RTHCs and a plausible candidate collective health right, namely a sub‐state national right to control healthcare law and policy. It argues that concerns about rights conflicts in this context make sense, but genuine conflicts between individual health rights and national control over healthcare are rare. The strongest cases for sub‐state national ‘self‐determination’ rights do not implicate healthcare, or tend not to provide reasons to override any individual RTHCs. Conflicts are possible in rare cases and may even favour fulfilling the collective rights claims. Yet individual RTHCs remain important even in those cases. Individual rights remain useful measures for evaluating the exercise of collective rights: exercises that violate (or even fail to fulfil) individual health rights are worse for so doing. (shrink)

This piece examines the purported explanatory and normative role of knowledge in Timothy Williamson‘s account of intentional action and suggests that it isin tension with his argument against the luminosity of knowledge. Only iterable knowledge can serve as the norm for action capable of explaining both why people with knowledge act differently than those with mere beliefs and why only those who act on the basis of knowledge-desire pairs are responsible actors.

Plausible retributivist justifications for punishment assert that the commission of a moral wrong creates a pro tanto reason to punish the person who committed it. Yet there are good case-based and theoretical reasons to believe that not all moral wrongs are the proper subjects of criminal law or that they are within the proper domain of the state. This article provides these reasons, which suggest that a plausible retributivist justification for punishment must make distinctions between state-relevant and non-state-relevant moral wrongs (...) and state-relevant and non-state-relevant desert. The article makes the case for Rawlsian public reason as a plausible method for making these distinctions. (shrink)