A Hegelian Liberal Theory of the Penal Law Content Type Journal Article Category Book Review Pages 219-224 DOI 10.1007/s11572-011-9119-8 Authors AlfonsoDonoso, Pontificia Universidad Cat’olica de Chile, ICP, Santiago, Chile Journal Criminal Law and Philosophy Online ISSN 1871-9805 Print ISSN 1871-9791 Journal Volume Volume 5 Journal Issue Volume 5, Number 2.
According to the brain drain argument, there are good reasons for states to limit the exit of their skilled workers (more specifically, healthcare workers), because of the negative impacts this type of migration has for other members of the community from which they migrate. Some theorists criticise this argument as illiberal, while others support it and ground a duty to stay of the skilled workers on rather vague concepts like patriotic virtue, or the legitimate expectations of their state and co-citizens. (...) In this article, on the contrary, we suggest that the liberal conception of states’ legitimate political authority demands, and not just permits, that developing states from which migration of skilled workers occurs set up contractual mechanisms. These mechanisms will ensure that state-funded training in the health sector is provided against a commitment on the part of future professionals to reciprocate with their services for the benefits obtained. If one of the conditions for the state to maintain legitimate political authority is to provide basic services such as healthcare to its subjects (while respecting at the same time their autonomy and freedom), then this is what developing states affected by the brain drain ought to do. What we call the authority-based approach to the brain drain also helps to clarify the obligations that other states have not to interfere with these contractual mechanisms when they exist, and not to profit from their absence. Inspired by FIFA’s legal instruments of training compensation and solidarity mechanism for the transfer of players, we conclude by suggesting a plausible global policy to complement this authority-based approach. (shrink)
ABSTRACT In this article I explore whether liberal retributive justice should be conceived of either individualistically or holistically. I critically examine the individualistic account of retributive justice and suggest that the question of retribution – i.e., whether and when punishment of an individual is compatible with just treatment of that individual – must be answered holistically. By resorting to the ideal of sensitive reasons, a model of legitimacy at the basis of our best normative models of democracy, the article argues (...) that in modern liberal democracies, punishment of an offender A for f is compatible with just treatment of A only if punishment of an individual for f can be legitimate in A's and A's fellow citizens' eyes. Only once retributive justice is understood in this holistic fashion the imposition of punishment can be made compatible with just treatment of individuals. RESUMO Neste artigo, exploro se justiça retributiva liberal deve ser concebida ou individualista ou de forma holística. Examino criticamente a conta individualista da justiça retributiva e sugiro que a questão da retribuição – quando a punição de um indivíduo é compatível com o tratamento justo desse indivíduo – deve ser respondida de forma holística. Recorrendo ao ideal de razões sensíveis, um modelo de legitimidade na base dos nossos melhores modelos normativos de democracia, argumento que, nas democracias liberais modernas, a punição de um delinquente A para φ é compatível com o tratamento justo de A só se punição de um indivíduo para φ pode ser legítimo aos olhos de A e seus concidadãos. Uma vez que a justiça retributiva é entendida dessa forma holística, a imposição da pena pode ser compatível com o tratamento justo de indivíduos. (shrink)
One of the first things striking readers of Criminal Law Conversations is its unusual methodology. The editors of this volume have put together 31 conversations around as many cutting edge and influential articles. This article considers critically some discussions representative of each of the book’s three parts: Principles, Doctrine, Administration and provide a glimpse of the richness and variety of Criminal Law Conversations.
In this study we examine (1) how a manager’s risk behavior is influenced by developing success (or failure) as an impending settling up deadline to report performance approaches, (2) how willingness to provide transparent accountability is negatively affected by perceived risk and eroding trust, and (3) how others interpret and respond to reduced transparency. As perceptions of high levels of risks suggest a lack of environmental control of a firm’s destiny in contemporary settings, we adopt a historical approach to examine (...) these issues. In this respect we draw on primary sources found in library archives in Spain and Argentina. Our focal case refers to the contract signed and executed between the South Sea Company and Captain José de Salinas (1731–1735) to walk 408 Negroes from Buenos Aires to Potosí and sell them en route or at destination. Drawing on this evidence, we examine how bring about unethical conduct featured by increasingly risky business practices, and how eroding trust conditions lead to only summary record-keeping and delayed reporting. In turn, diminished accountability further undermined trust. Our findings have implications for further research in this area as well as for contemporary cases of accounting failures. (shrink)
Background: Waiving parent permission can be an option in some epidemiological and social research with adolescents. However, exemptions have not been uniformly considered or applied. Our aim is to critically assess the different factors that could be taken into account when making decisions about waiving active parental permission in observational research with adolescents.DiscussionIn some cases alternatives to parental permission could be applied to protect the rights of both adolescents and parents and also to assure the benefits to adolescents as a (...) group that can come from appropriately conducted studies. However, the criteria of ensuring minimal risk can be difficult to define and apply and a distinction between harm and discomfort is reviewed. Waiving active parental permission could be acceptable when the risk of harm is minimal; when the research questions are related to an activity for which adolescents are not legally considered to be children; when the risk of harm or discomfort may increase if parental permission is required; and when risk of discomfort is low because the questionnaire is not potentially offensive for some adolescents and/or for some parents.SummaryStringent rules concerning parental permission in some studies could be detrimental to adolescents. A framework and a decision tree guide are proposed to help researchers and Research Ethics Committees in their decisions on whether active parental permission must be obtained. (shrink)
The Totonac homegarden is a traditionally designed agroecosystem mixing different elements, such as cultivated and wild plants, and livestock. Our objective was to understand the role and importance of homegardens as a strategy for subsistence and natural resources management. Anthropological fieldwork was carried out in Coxquihui, Veracruz, Mexico, a Totonac community. Conventional sampling using a questionnaire yielded a sample of 40 individuals, each representing a family group. Personal interviews, life stories, observations, and field transects enriched survey information. Fieldwork permitted identification (...) of four types of Totonac homegardens: backyards, cropping fields, acahuales or fallow fields, and fences or field edges. Each of these gardens yields an array of products and services important for several cultural roles and natural resource management aims. Totonacs see land as the dominant and most critical resource. A great deal of terrain is steeply sloped and soils are poor. Homegardens play a key role in a production system that minimizes these site limitations, striking a balance between resource maintenance and subsistence needs. Their functions are ecological, to foster a multistrata vegetation cover, and a continuous supply of organic matter to the soil; economic, serving as living storehouses where diverse products (food, timber, firewood, forage, animals, ceremonial supplies, medicinal products), are kept through the annual cycle; and social, performing various social roles such as growing medicinal, ritual, and edible plants, thus supporting beliefs and culture continuity. Studies like this contribute to a better understanding of Totonac culture and native ecology, and give ideas for a better land management. (shrink)
As third wave feminist philosophers attending graduate schools in different parts of the country, we decided to use our e-mail discussion as the format for presenting our thinking on the subject of third wave feminism. Our dialogue takes us through the subjects of postmodernism, the relationship between theory and practice, the generation gap, and the power relations associated with feminist philosophy as an established part of the academy.
Since Stalbaum’s 1838 translation revived interest in Plato’s Timaeus, commentators have tended to bracket the discourse on Necessity, reading it as either mythical or mystical. This essay offers an interpretation of Necessity that is also an assertion of its importance for understanding the philosophically important conception of chora-space found therein. Beginning with throwing ourselves back into the Presocratic milieu, I examine what remains of Presocratic notions of kreon and ananke (necessity) in order to move forward a more robust interpretation of (...) the discourse on Necessity and chora-space. (shrink)
In this paper we present a new framework of idealization in biology. We characterize idealizations as a network of counterfactual and hypothetical conditionals that can exhibit different “degrees of contingency”. We use this idea to say that, in departing more or less from the actual world, idealizations can serve numerous epistemic, methodological or heuristic purposes within scientific research. We defend that, in part, this structure explains why idealizations, despite being deformations of reality, are so successful in scientific practice. For illustrative (...) purposes, we provide an example from population genetics, the Wright-Fisher Model. (shrink)
Bulhof's study is not intended, she informs us, as a chronological view of the development of the philosophical thought of Wilhelm Dilthey, but as a guide for readers through what she considers to be the intricacies of his labyrinthine, because unsystematized, position. It is a position whose major contribution is a hermeneutic science based on the conviction that cultural products express meanings comparable to literary texts.
The internet offers adolescents a huge window of opportunities, but these opportunities are not always exempt from risks. Indeed, many young people are nowadays confronted with spam, gruesome or violent images and content including pornography, drugs, racism, and even suicide. We surveyed 815 Flemish 15- to 19-year-olds about the online risks they have been confronted with and on how they cope with these risks. We controlled for digital literacy levels, socio-demographics and personality traits. Interestingly, our research shows that not only (...) adolescents with a high level of internet literacy but also those with lower internet literacy levels, such as youths enrolled in vocational education, tend to be more frequently exposed to online risks. Also worthwhile noting is the fact that a high level of self-confidence positively correlates with exposure to risky online content. In general, adolescents do not consult anybody when it comes to coping with risks and negative experiences online. However, a good parent-child relationship pays off as kids with a good parental relationship encounter aggressive, sexual or value-based content less frequently. (shrink)
The Spanish journalist, writer and philosopher Jose Ortega y Gasset (1883-1955) had intended to devote a book to the subject of the United States to dispel the confusion in the European mind due to the "mass of puerile judgments that one hears pronounced on North America even by the most cultured persons." His work habits, illnesses, the civil war in Spain and the long conflict in Europe prevented him from writing more than two essays: "The New United States" (March 22, (...) 1931) and "On the United States" (July 30, 1932). The present study offers the historical context for a more meaningful reading of the essays. (shrink)