In connection with his discussion of the three Ulpian formulae, Kant introduces three “leges,” namely the “lex iusti,” the “lex iuridica,” and the “lex iustitiae,” which he then defines in § 41 of the Doctrine of Right. The three “leges” correspond to the attributes “right,” “juridical,” and “established as right.” These three attributes in turn relate to the possibility, the reality, and the (material) necessity of our rights and juridical duties. The three “leges” and attributes have certain consequences for the (...) division of public justice, public justice being constitutive of the juridical state, into “iustitia tutatrix,” “iustitia commutativa,” and “iustitia distributiva.” This article provides a comprehensive account of all these concepts from § 41 of the Doctrine of Right. It also explains what until now has seemed to be a rather cryptic comment Kant makes at the end of his discussion of the Ulpian formulae regarding internal and external legal duties, and those legal duties that contain the derivation of the external legal duties from the principle of the internal legal duties through subsumption. Indeed the article provides the key to understanding the entire Doctrine of Right from a totally new perspective. (shrink)

Mistrust and fear of research often exist in minority communities because of assumptions, preconceived ideas, and historical abuse and racism that continue to influence research participation. The research establishment is full of well-meaning ‘outsider’ investigators who recognize discrimination, health disparities, and insufficient health care providers in minority communities, but struggle in breaking through this history of mistrust. This article provides ethical insights from one such ‘insider-outsider’, community-based participatory research project implemented via community health advisors in the Mississippi Delta. Both community-based (...) participatory research and community health advisors provide opportunities to address the ethical issues of trust, non-maleficence, and justice in minority communities. Implications for ethics-driven nursing research are discussed. (shrink)

Unit I. Fundamental characteristics of the common law. The source of law -- The jury -- The adversary system of trial -- Retroactivity: a return to stare decisis -- Unit II. The courts and their jurisdiction. Court systems in the United States -- Court system in England -- Unit III. Constitutional law. Judicial review -- Equal protection -- Freedom of speech -- Appendix I. Constitution of the United States -- Appendix II. Table of Supreme Court cases -- Appendix III. Common (...) case citations. (shrink)

Published in 1797, the Doctrine of Right is Kant's most significant contribution to legal and political philosophy. As the first part of the Metaphysics of Morals, it deals with the legal rights which persons have or can acquire, and aims at providing the grounding for lasting international peace through the idea of the juridical state. This commentary analyzes Kant's system of individual rights, starting from the original innate right to external freedom, and ending with the right to own property and (...) to have contractual and family claims. Clear and to the point, it guides readers through the most difficult passages of the Doctrine, explaining Kant's terminology, method and ideas in the light of his intellectual environment. One of the very few commentaries on the Doctrine of Right available in English, this book will be essential for anyone with a strong interest in Kant's moral and political philosophy. (shrink)

Published in 1797, the Doctrine of Right is Kant's most significant contribution to legal and political philosophy. As the first part of the Metaphysics of Morals, it deals with the legal rights which persons have or can acquire, and aims at providing the grounding for lasting international peace through the idea of the juridical state. This commentary analyzes Kant's system of individual rights, starting from the original innate right to external freedom, and ending with the right to own property and (...) to have contractual and family claims. Clear and to the point, it guides readers through the most difficult passages of the Doctrine, explaining Kant's terminology, method and ideas in the light of his intellectual environment. One of the very few commentaries on the Doctrine of Right available in English, this book will be essential for anyone with a strong interest in Kant's moral and political philosophy. (shrink)

First, this article considers Kant's rather odd requirement that every contract consist of four declarations of will: an offer, an approval of the offer, a promise and an acceptance of this promise. It explains Kant's theory as a stepping stone for Savigny's later development of the principle of abstraction, a principle which separates the contract of obligation from the contract of ownership transfer and makes the validity of each independent of the validity of the other. Second, the article interprets Kant's (...) "Dogmatic Division of All Rights Acquirable through Contracts," contained in section 31 of the Doctrine of Right. It claims that the table consists of aspects of contractual relationships and is dynamic rather than static in that these aspects can be intermingled to produce a wealth of different types of contracts. (shrink)

Unit I. Fundamental characteristics of the common law. The source of law -- The jury -- The adversary system of trial -- Retroactivity: a return to stare decisis -- Unit II. The courts and their jurisdiction. Court systems in the United States -- Court system in England -- Unit III. Constitutional law. Judicial review -- Equal protection -- Freedom of speech -- Appendix I. Constitution of the United States -- Appendix II. Table of Supreme Court cases -- Appendix III. Common (...) case citations. (shrink)

Kant's theory of punishment is commonly regarded as purely retributive in nature, and indeed much of his discourse seems to support that interpretation. Still, it leaves one with certain misgivings regarding the internal consistency of his position. Perhaps the problem lies not in Kant's inconsistency nor in the senility sometimes claimed to be apparent in the Metaphysic of Morals, but rather in a superimposed, modern yet monistic view of punishment. Historical considerations tend to show that Kant was discussing not one, (...) but rather two facets of punishment, each independent but nevertheless mutually restrictive. Punishment as a threat was intended to deter crime. It was a tool in the hands of civil society to counteract human drives toward violating another's rights. In its execution, however, the state was limited in its reaction by a retributive theory of justice demanding respect for the individual as an end and not as a means to some further social goal. This interpretation of Kant's theory of punishment maintains consistency from the earliest through the latest of his writings on moral, legal, and political philosophy. It provides a good reason for rejecting current economic analyses of crime and punishment. Most important of all, it credits Kant's theory in its clear recognition of the ideals intrinsic to libertarian government. (shrink)

Despite medicine's achievements, medical errors and the difficulty of reproducing research prove medicine is far from perfect. This book provides a critical and historical analysis of medical reasoning that recognizes the constant need for certainty despite the enormous variety of disease, illness, symptoms, and behavior in patients. According to Erwin Montgomery, Jr., medicine depends on logic, balancing utility with certainty, and anticipating errors in judgment.

Ethics of Everyday Medicine: Explorations of Justice examines and analyses the relatively unexplored domain of ethics involved in the everyday practice of medicine. From the author's clinical experience, virtually every decision made in the day-to-day practice of medicine is fundamentally an ethical question, as virtually every decision hinge on some value judgment that goes beyond the medical facts of the matter. The first part of the book is devoted to medical decision cases in several areas of medicine. These cases highlight (...) elements of the current healthcare ecosystem, involving players other than the physician and patient. Insurers (private, commercial, and governmental), administrators, and regulators' perspectives are surfaced in point of care case analysis. Part two contributes to the development of actionable tools to develop better ethical systems for the everyday practice of medicine by providing a critical analysis of Reflective Equilibrium and ethical induction from the perspective of logic and statistics. The chapter on Justice discusses the neurophysiological representations of just and unjust behaviours. The chapter on Ethical Theories follows, describing the epistemic conundrum, principlism, reproducibility, abstraction, chaos and complexity. The following chapter approaches ethical decisions from the logic and statistic perspectives. The following chapter, The Patient as Parenthetical, the author discusses patient-centric ethics, and the rise of business- and government-cetric ethics. The final chapter, A Framework to Frame the Questions for Explore Further, proposes a working framework to deal with current ethical issues. (shrink)

This research investigates the perceptions of five constituent groups of an accredited business school — their perceptions of others'' ethics, of their own ethics and ideal values, and of how business ethics can be improved. Self-described behavior from the constituent groups is quite similar, yet is decidedly different from that which respondents felt others would do. Undergraduate business students tended to have the lowest estimation of others'' ethics in addition to the least ethical self-described behavior compared with other constituent groups. (...) All constituents were solidly in favor of improving ethics by developing principles of business ethics, requiring ethics courses in business schools and introducing industry codes of ethics. People are much more ethical than they are perceived to be. Knowing that others are more ethical may in turn cause other people to act more ethically. Similarly, believing that others are less ethical may encourage less ethical behavior. (shrink)

Non-invasive prenatal testing is at the forefront of prenatal screening. Current uses for NIPT include fetal sex determination and screening for chromosomal disorders such as trisomy 21. However, NIPT may be expanded to many different future applications. There are a potential host of ethical concerns around the expanding use of NIPT, as examined by the recent Nuffield Council report on the topic. It is important to examine what NIPT might be used for before these possibilities become consumer reality. There is (...) limited research exploring views of women on possible future uses of NIPT, particularly those of women who have undergone NIPT. In this study, we examined the views of women who undertook NIPT previously on the acceptability of and interest levels in using NIPT for a number of current and possible future applications. These included several medical conditions encompassing psychiatric, neurodevelopmental and adult-onset conditions as well as non-medical traits such as intelligence. One thousand women were invited to participate and 235 eligible surveys were received. Women generally reported an interest in using NIPT for medical conditions that severely impacted quality of life and with an onset earlier in life and stressed the importance of the accuracy of the test. Concerns were raised about the use of NIPT for non-medical traits. Respondents indicated that termination of pregnancy was not their only reason for testing, particularly in the case of sex. These results can further inform the ethical debate around the increasing integration of NIPT into healthcare systems. (shrink)

According to a two-level criterion for combination tests in the field of ordinary language, moral 'ought'-sentences may be taken to imply 'I intend'-sentences partly semantically and partly pragmatically. If so, a trenchant linguistic analysis of the concept of moral obligation cannot do without a non-classical logic which allows to model these important kinds of ordinary-language implications by means of purely syntactical derivations. For this purpose, an integrated logic of conviction and intention has been tentatively devised by way of a doxastically, (...) buletically, and pragmatically extended calculus of natural deduction. This system of buletic logic cannot even be launched without one or two derivation rules of deductive closedness. However, these very closedness rules appear to be responsible for buletic paradoxes which are analogous to paradoxes long since known from other, less exotic branches of logic but at first sight look much more virulent. After having scrutinized two potential strategies for coping with the paradoxes of buletic logic, finally we can convince ourselves that these paradoxes, as well as their familiar non-buletic counterparts, are but apparent paradoxes, provided we consistently lean on C-CT and do not let pragmatical considerations intrude into purely logical ones. (shrink)