Currently, many scientific fields such as psychology or biomedicine face a methodological crisis concerning the reproducibility, replicability, and validity of their research. In neuroimaging, similar methodological concerns have taken hold of the field, and researchers are working frantically toward finding solutions for the methodological problems specific to neuroimaging. This article examines some ethical and legal implications of this methodological crisis in neuroimaging. With respect to ethical challenges, the article discusses the impact of flawed methods in neuroimaging research in cognitive and (...) clinical neuroscience, particularly with respect to faulty brain-based models of human cognition, behavior, and personality. Specifically examined is whether such faulty models, when they are applied to neurological or psychiatric diseases, could put patients at risk, and whether this places special obligations on researchers using neuroimaging. In the legal domain, the actual use of neuroimaging as evidence in United States courtrooms is surveyed, followed by an examination of ways that the methodological problems may create challenges for the criminal justice system. Finally, the article reviews and promotes some promising ideas and initiatives from within the neuroimaging community for addressing the methodological problems. (shrink)

The focus of this paper are the ethical, legal and social challenges for ensuring the responsible use of “big brain data”—the recording, collection and analysis of individuals’ brain data on a large scale with clinical and consumer-directed neurotechnological devices. First, I highlight the benefits of big data and machine learning analytics in neuroscience for basic and translational research. Then, I describe some of the technological, social and psychological barriers for securing brain data from unwarranted access. In this context, I then (...) examine ways in which safeguards at the hardware and software level, as well as increasing “data literacy” in society, may enhance the security of neurotechnological devices and protect the privacy of personal brain data. Regarding ethical and legal ramifications of big brain data, I first discuss effects on the autonomy, the sense of agency and authenticity, as well as the self that may result from the interaction between users and intelligent, particularly closed-loop, neurotechnological devices. I then discuss the impact of the “datafication” in basic and clinical neuroscience research on the just distribution of resources and access to these transformative technologies. In the legal realm, I examine possible legal consequences that arises from the increasing abilities to decode brain states and their corresponding subjective phenomenological experiences on the hitherto inaccessible privacy of these information. Finally, I discuss the implications of big brain data for national and international regulatory policies and models of good data governance. (shrink)

This paper shows that the law, in subtle ways, may set hitherto unrecognized incentives for the adoption of explainable machine learning applications. In doing so, we make two novel contributions. First, on the legal side, we show that to avoid liability, professional actors, such as doctors and managers, may soon be legally compelled to use explainable ML models. We argue that the importance of explainability reaches far beyond data protection law, and crucially influences questions of contractual and tort liability for (...) the use of ML models. To this effect, we conduct two legal case studies, in medical and corporate merger applications of ML. As a second contribution, we discuss the trade-off between accuracy and explainability and demonstrate the effect in a technical case study in the context of spam classification. (shrink)

John Rawls famously holds that the basic structure is the 'primary subject of justice.'1 By this, he means that his two principles of justice apply only to a society's major political and social institutions, including chiefly the constitution, the economic and legal systems, and (more contentiously) the family structure.2 This thesis — call it the basic structure restriction — entails that the celebrated difference principle has a narrower scope than one might have expected. It doesn't apply directly to choices that (...) individuals make within the basic structure. Individuals can live up to the demands of justice simply by obeying whatever rules are set by, and by doing what is necessary to sustain, the basic .. (shrink)

Bringing together leading international scholars within the fields of social and political theory and philosophy, this book explores how we should understand work and its role(s) in our lives and wider society. -/- What challenges are posed by work in our changing economy and the new economic forms that are beginning to emerge, and how can we best address these challenges? In what ways do patterns of working, as well as work technologies, shape people’s lives within and outside work, in (...) particular their life opportunities and their social and natural environment? How might we organize—or seek to reorganize—workplaces so that the experience of work better reflects our shared ethical ideals and normative principles? This volume examines these vital questions in a comprehensive and systematic manner in order to provide much needed theoretical insight and practical guidance in reflecting on the nature, problems, and possibilities of work currently. -/- This book will be of interest to undergraduate and postgraduate students and established academics in the areas of contemporary political theory and philosophy, social theory, legal philosophy, labour studies, the sociology of work, practical ethics, critical theory, and political activism. (shrink)

Barnett and Block (Journal of Business Ethics, 2009 ) attack the heart of modern banking by claiming that the practice of borrowing short and lending long is illicit. While their claim of illegitimacy concerning fractional reserve banking can be defended, their justification lacks substance. Their claim is herein strengthened by a legal analysis of deposits and loans based on Huerta de Soto (Money, Bank Credit and Economic Cycles, 2006 ). A combined legal and economic analysis shows that while lending deposits (...) can be regarded as illicit, the maturity mismatching of loans is legitimate contrary to Barnett and Block’s claim. No over-issuance of property rights is involved with this practice once the distinction between present and future goods is taken into account. However, while the practice is not illicit per se , it is greatly assisted and developed through the presence of a fractional reserve banking system, and can sometimes breed detrimental effects. (shrink)

How ethical have recent banking practices been? We answer this question via an economic analysis. We assess the two dominant practices of the modern banking system – fractional reserves and maturity transformation – by gauging the respective rights of the relevant parties. By distinguishing the legal and economic differences between deposit and loan contracts, we determine that the practice of maturity transformation (in its various guises) is not only ethical but also serves a positive social function. The foundation of the (...) modern banking system – the holding of fractional reserves against deposits – is, however, problematic from economic, legal and ethical perspectives. Starting from a microanalysis of money's function, a reassessment of the current laws concerning the practice is encouraged, with the aim not only to rectify economic irregularities but also to realign depositors' rights with the obligations of the banking sector. (shrink)

How ethical have recent banking practices been? We answer this question via an economic analysis. We assess the two dominant practices of the modern banking system – fractional reserves and maturity transformation – by gauging the respective rights of the relevant parties. By distinguishing the legal and economic differences between deposit and loan contracts, we determine that the practice of maturity transformation (in its various guises) is not only ethical but also serves a positive social function. The foundation of the (...) modern banking system – the holding of fractional reserves against deposits – is, however, problematic from economic, legal and ethical perspectives. Starting from a microanalysis of money's function, a reassessment of the current laws concerning the practice is encouraged, with the aim not only to rectify economic irregularities but also to realign depositors' rights with the obligations of the banking sector. (shrink)

Barnett and Block (J Bus Ethics 18(2):179–194, 2011 ) argue that one cannot distinguish between deposits and loans due to the continuum problem of maturities and because future goods do not exist—both essential characteristics that distinguish deposit from loan contracts. In a similar way but leading to opposite conclusions (Cachanosky, forthcoming) maintains that both maturity mismatching and fractional reserve banking are ethically justified as these contracts are equivalent. We argue herein that the economic and legal differences between genuine deposit and (...) loan contracts are clear. This implies different legal obligations for these contracts, a necessary step in assessing the ethics of both fractional reserve banking and maturity mismatching. While the former is economically, legally, and perhaps most importantly ethically problematic, there are no such troubles with the latter. (shrink)

A citizens’ movement in Berlin advocates for the expropriation of housing corporations and has won a significant majority in a popular referendum in September 2021. Building on this proposal, this paper develops a general account of expropriation as a measure for corporate reform and thereby contributes to the ongoing debate on the democratic accountability of business corporations. It argues that expropriation is a valuable tool for intervention in a dire situation in some economic sector to enable a re-structuring of the (...) governance of the assets in question. Compared with other tools available, expropriation is a more forward-looking, genuinely political measure that does not depend on the legal assignment of guilt but rather proceeds in a pragmatic and problem-oriented manner. It also allows us to reconsider in how far the market mechanism should be employed in the administration of assets. Objections from private property rights against expropriation fail as corporations generally are privileged, quasi-public institutions that can justifiably be subject to democratic interventions. Expropriation is thus an important addition to the arsenal of corporate reform proposals, especially for those concerned with a broad democratization of the corporation. (shrink)

This text intends to analyze the course of secularism over the last decades. What is developed on the ambit proposed here, points some of the movements, shifts and transformations that became evident on the French and European secularism context from the 1980s to the present day. A view of the theoretical renewal and meaning change that secularism term acquires with the progress of the recognition of new religious demands on the contemporary scenario will be given. What can be seen among (...) other things is that we can estimate a remarkable extension concerning the collective intervention recognition by the church and, at the same time, there is a cohesion strengthening that have been established since the last decades with the rediscovery of education and citizenship. A rediscovery that finds renewed aspirations on social experiences of public and legal order. What can be noticed on the plurality and the current religious identity construction is possibly the suggestion of a fourth age of human rights, an age that takes on the cultural rights and assists the return of religion at the center of social debate. (shrink)

ABSTRACTAt the heart of the criminal reform proposed in Cesare Beccaria’s 1764 Dei delitti e delle pene are the principles of penal parsimony derived from a precise interpretation of the social contract. Punishment, being no more than a necessary evil devoid of any intrinsic virtue, must serve no more than a preventative function to the smallest possible extent; its application strictly bound by the principle of legality. Beccaria’s criminal philosophy, therefore, attempts to drastically reduce the power of the penal institution. (...) After recounting its principal aspects, this article seeks to propose a new interpretation of Beccaria’s theory from the perspective of its historical context. The Italian Enlightenment philosopher did not so much express indignation against the barbarism of the Milanese penal system, but rather instigate a rebellion against the political dominance of its patriciate, whose power had long been validated by its juridical functions. In this respect, Beccaria sought to combat the political hegemony of the jurists, concluding his treatise by excluding juridical thought from, and thus removing the intellectual foundations of, the practice of criminal law. (shrink)

Depositors have perceived banks as acting unethically during the most recent recession. One area of consternation is the ambiguity of the legal obligations entailed by the deposit contract when it is backed with only fractional reserves. In this article, we apply an existing analysis of the legitimacy and ethicality of banking practices to a wider range of financial transactions, including insurance policies, securities lending, perpetual bonds, and callable loans. Securities lending in particular creates rights violations analogous to those in fractional-reserve (...) banking. Both callable loans and perpetual bonds have clear legal obligations which are not inherently problematic, though we herein clarify what these obligations are. Finally, we apply our ethical framework to demonstrate that insurance products are distinct from banking deposit contracts, and that perceived parallels between the two products underestimate these differences. (shrink)

Taking precautions to prevent harm. Whether principe de précaution, Vorsorgeprinzip, føre-var prinsippet, or försiktighetsprincip, etc., the precautionary principle embodies the idea that public and private interests should act to prevent harm. Furthermore, the precautionary principle suggests that action should be taken to limit, regulate, or prevent potentially dangerous undertakings even in the absence of absolute scientific proof. Such measures also naturally entail taking economic costs into account. With the environmental disasters of the 1980s, the precautionary principle established itself as an (...) operational concept. On the eve of the 1997 Climate Summit in Kyoto, precaution, as the precautionary principle is often referred to, has now become a key legal principle in environmental law, in general, and in current international climate negotiations, in particular, attempts to understand why. It examines in turn the natural affinity between the precautionary principle and climate change, reviews a series of issues which the principle raises, and discusses avenues which it opens paper, climate change fulfills the theoretical requirements set for the application of the precautionary principle. It comes as no surprise that the actual application of the precautionary principle in the context of climate change raises high political stakes. As a result, climate change science, in particular, and science, in general, is under the fire of politically-motivated scientific skeptics. Thus, by way of the counter-measures which must be put into effect, the precautionary principle calls for a greater sense of responsibility on the part of scientists and the public at large. Specifically, from scientists, it demands perseverance in rigor, excellence in communication, and committment to education. However, even if special efforts are made to implement the precautionary principle in the context of climate change, the success of climate change mitigation will constitute no test of the validity, the usefulness, or the efficiency of the precautionary principle. Indeed, the degree to which climate change mitigation succeeds only provides a measure of our kind's ability to manage responsibly the global commons which we inherited from our ancestors and which our generation enjoys, the global commons which we will pass on to today's children and to generations to come. (shrink)

The "decapitated of Fourni". A medical-legal and palaeopathological reexamination The two decapitated human skeletons discovered in 1960 in a bothros connected to the clearing of the latrines of the Maison de Fourni at Delos were published in 1973 (Études déliennes [BCH Suppl. I], p. 173-181) and have since led to divergent interpretations. They are here subjected to a new anthropolical study and, for the first time, to a palaeopathological examination, which leads to unexpected conclusions. Firstly, both victimes would have been (...) feminine. Secondly, the date of their beheading as provided by C-14 analysis is much higher than that proposed based on the historical context. The execution was preceded by a period of shackling and restraint. Finally, the bodies were thrown into a cesspool still in use. This episode cannot be connected to a precise event or social context. Nevertheless, this killing recalls more the ritual killing of a sect than a capital execution. (shrink)

This chapter briefly reviews the present state of judgment aggregation theory and tentatively suggests a future direction for that theory. In the review, we start by emphasizing the difference between the doctrinal paradox and the discursive dilemma, two idealized examples which classically serve to motivate the theory, and then proceed to reconstruct it as a brand of logical theory, unlike in some other interpretations, using a single impossibility theorem as a key to its technical development. In the prospective part, having (...) mentioned existing applications to social choice theory and computer science, which we do not discuss here, we consider a potential application to law and economics. This would be based on a deeper exploration of the doctrinal paradox and its relevance to the functioning of collegiate courts. On this topic, legal theorists have provided empirical observations and theoretical hints that judgment aggregation theorists would be in a position to clarify and further elaborate. As a general message, the chapter means to suggest that the future of judgment aggregation theory lies with its applications rather than its internal theoretical development. (shrink)

The 1970s and 1980s meant an ethnic politicization of the indigenous movement in Ecuador, until this moment defined largely as a class-based movement of indigenous peasants. The indigenous organizations started to conceptualize indigenous peoples as nationalities with their own economic, social, cultural and legal structures and therefore with the right to autonomy and self-determination. Based on this conceptualization, the movement developed demands for a pluralist reform of state and society in order to install a plurinational state with wide degrees of (...) autonomy and participation for indigenous nationalities. A part of those demands was the double strategy to fight for legal pluralism while already installing it at the local level. Even if some degrees of legal pluralism have been recognized in Ecuador since the mid-1990s, in practice, the local de facto practice prevails until today. Another central part of the demand for plurinationality is the representation of indigenous peoples in the legislative organs of the state, developing since their first appearance in the 1940s in a complex way. This article will analyze the development of right-based demands within the discourse of the indigenous movement in Ecuador, the visions of the implied state-reform and the organizational and political background and implication they have. Based on an analysis of the central texts of the indigenous organizations, conceptualizations of rights and laws and their appropriation within an autonomist discourse and a local practice will be highlighted. (shrink)

In the pages of this journal, a fruitful debate has evolved on the ethical legitimacy of fractional-reserve banking. In this article, we respond to the new arguments raised by Evans as we clarify our position on the unethical and illegitimate nature of fractional-reserve banking. Fractional-reserve banking is not a recent financial innovation but represents a long-standing legal aberration. The co-mingling of two mutually exclusive financial contracts, deposit and loan, confounds the contracting parties’ purposes, intents, rights, and obligations. As a result, (...) it creates unsolvable legal difficulties and ethical dilemmas. While these problems are most evident in the case of a bank run, they also arise when trying to answer the simple question of “who owns a deposit?”. (shrink)

This article explores the conceptual and practical gap existing between the developed and developing countries in relation to corporate social responsibility (CSR), or the North-South ' CSR Divide', through the analysis of possible impact on the competitiveness of developing countries' and economies' SMEs and MNEs in globalization. To do so, this article first reviewed the traditional wisdom on the concept of strategic CSR developed in the North and the role that CSR engagement can play in corporate competitiveness, and compare with (...) the impact on the competitive advantage of the South through the supply chains. It points out that among the many factors that could explain the ' CSR Divide', the negative impact of CSR on comparative advantage is the final resort where developing countries are reluctant and defensive toward western-style CSR. It did point out that developing countries are changing their approaches to make CSR work in favor of their competitive position in global trade, such as China who has started to adopt proactive approach by becoming CSR standards-setter. This article concludes with two policy proposals that aim to bridge the CSR gap, the first is to improve CSR standard-setting participation from both sides, and the second to search for solutions in the international investment legal framework which will define corporate obligations in relating to CSR in a more explicit way. (shrink)

A treaty to regulate the global antimicrobial commons can be appropriately framed around the model provided by multilateral environmental agreements. At the same time, it is not clear that a comprehensive treaty is the only possible entry point and other options, such as an agreement on technology transfer or funding may be apt starting points. Any legal instrument adopted to regulate the global antimicrobial commons needs to reflect the global South-North dichotomy and integrate the principle of common but differentiated responsibilities (...) and respective capabilities. Further, it would need to go beyond environmental instruments that have been structured around the sovereign interests of negotiating states even when dealing with issues of global concern, such as climate change. The proposed legal instrument would also need to be based not just on the precautionary principle as a marker of the necessity to address the negative environmental and health impacts, but also be based on the interests of patients and integrate concerns raised in terms of the human right to health. (shrink)

This essay draws some consequences affecting juridical rationality, particularly its normative theory, from the discussion of Ricoeur’s philosophy of law by Alain Papaux and François Ost. It emphasizes in particular the ambiguities of Papaux’s position regarding the notion of abduction and stresses the irreducibility of the hermeneutic dimension of legal argument.

The Law of the European Union is multilingual and multijural. Therefore, it is necessary to analyze the problems related to the use of several languages in the writing of European legal texts and to compare the interactions between law and language in the decision-making process at the executive and judicial levels. Finally, the study will focus on the contributions of translation as a linguistic mediation in the communication of the European message on the continent.

At a time when cooperation between Europe and the Arab World is getting more and more concrete, this article highlights the reciprocal influences between languages and legal culture both North and South of the Mediterranean for the redaction of a common discourse. Europe conceives and produces numerous pieces of legislation that have a significant impact on both Maghreb and Mashriq. It is thus necessary to look back at a few seminal studies on European legal discourse to focus on the various (...) types of corpus used, as well as how they are perceived abroad. This state of play underlines the linguistic and cultural interactions that will be faced by language studies in Europe in the fields of terminology, semantics and pragmatics. (shrink)

La question de l’identité personnelle ne peut être prise au sérieux que si, loin de se limiter à une dimension juridique, elle aborde véritablement l’histoire comme la corporéité de la personne. Or c’est là ce qu’a su penser Maine de Biran, mais non Hegel, lors même que ce dernier négligeait la philosophie française.The very issue of personal identity can only be taken seriously if, far from restricting itself to a mere legal dimension, it approaches history as the corporeity of the (...) individual. Now, this is precisely what Maine de Biran was able to perceive, unlike Hegel who then disregarded French philosophy. (shrink)

Ṣadr al-Sharīʿa al-Thānī al-Maḥbūbī (d. 747/1346) was the last major Māturīdī theologian of Transoxania. As he left no work of rational theology (kalām) proper, one of the chief sources of his theological thought is his book on legal theory, al-Tawḍīḥ fī ḥall ghawāmiḍ al-Tanqīḥ. Because the work served as a prominent reference for both legal theory and rational theol­ogy, an extensive commentary tradition on it emerged as it was transmitted from Transoxania to South Asia, Anatolia, and the Arab world. A (...) distinctive subfield of this commentary tradition consisted of glosses devoted exclusively to one specific section of al-Tawḍīḥ. Revolving around the nature of good and evil, and intimately linked to the question of human free will, this part of Ṣadr al-Sharīʿa’s text came to be treated as a separate work, commonly referred to as al-Muqaddimāt al-arbaʿ (“The four pro­legomena”). Due to its role as a highly sophisticated refutation of late Ashʿarī doctrine on human volition, al-Muqaddimāt al-arbaʿ eventually developed into a prime source for later Māturīdī scholars in their discussion of human volition and related topics. (shrink)

What role do demand deposits serve in the financial system? The answer to this simple question has great implications in keeping the legal terms of the contract consistent with the demands of the financial system. Demand deposits are a perfect monetary substitute. Since money is only held to hedge against perceived uncertainty in both the timing and magnitude of future expenditures, demand deposits are demanded for the same reason. From this we derive three main conclusions. First, a financial contract similar (...) to a demand deposit cannot substitute for money. Second, full agreement to a financial contract does not create a perfect substitute for money unless it provides money’s two key characteristics: on demand and par value redemption. Finally, the demand for fractional-reserve demand deposits is fostered by an exogenous source and that demand for a good or service is not a sufficient condition to justify its legality or ethicality. (shrink)

A reply to Fransisco Vergara's attack on Halévy's interpretation of Bentham in Philosophy, January, 1998. Vergara had argued that Halévy was mistaken in interpreting Bentham's principle of utility as a psychological law as well as the ethical greatest happiness principle. Mongin and Sigot show that Halévy correctly interpreted Bentham's texts and that the psychological law is necessary to Bentham's legal theory, economics and politics; they also argue that it is incorrect to confuse the principle of utility with a theory of (...) universal selfishness, and that this misunderstanding underlies Vergara's mistaken picture of both Halévy and Bentham. (shrink)

The advent of Generative AI, particularly through Large Language Models (LLMs) like ChatGPT and its successors, marks a paradigm shift in the AI landscape. Advanced LLMs exhibit multimodality, handling diverse data formats, thereby broadening their application scope. However, the complexity and emergent autonomy of these models introduce challenges in predictability and legal compliance. This paper analyses the legal and regulatory implications of Generative AI and LLMs in the European Union context, focusing on liability, privacy, intellectual property, and cybersecurity. It examines (...) the adequacy of the existing and proposed EU legislation, including the Artificial Intelligence Act (AIA), in addressing the challenges posed by Generative AI in general and LLMs in particular. The paper identifies potential gaps and shortcomings in the EU legislative framework and proposes recommendations to ensure the safe and compliant deployment of generative models. (shrink)

In this article, I underline the profound link existing between Ricœur’s practical philosophy and language. Indeed, the latter bestows unity upon the former, because it constitutes its main axis, for methodological reasons. First of all, I recall Ricœur’s definition of discourse and explain its various transphrastic dimensions. I then show how this philosophy of language is carefully used to build a very coherent logic of judgment, which underlies all Ricœur’s epistemological reflections about normative disciplines. I particularly insist on the logic (...) of legal judgment. (shrink)

Que fait la justice numérique à la théorie et à la pratique du droit? Qu’induit-elle pour la vocation de justice de l’institution judiciaire? Comment en bouleverse-t-elle les différents métiers? Jean Lassègue et Antoine Garapon mènent une enquête approfondie pour différencier soigneusement les deux formes symboliques du numérique et du droit. Ils s’efforcent ainsi de ménager ainsi une troisième voie qui sache éviter tout autant la fascination dogmatique des juristes pour la tendance « loi et mathématique » (la tentation de fonder (...) la rationalité juridique sur la formalisation) que l’ambition légale démesurée de l’informatique contemporaine (la prétention actuelle des algorithmes à empiéter sur tous les domaines, y compris le droit). Il doit être possible de résister à l’automatisation pour inventer une justice, certes, assistée par ordinateur, mais sachant rester humaine. Reste à savoir comment. (shrink)

For Hegel’s German-Jewish disciples, the French Revolution marked the starting point of a history of freedom, which was to include legal and political emancipation. In many cases, however, the experiences of German-Jewish migrants in Paris were disappointing. The philosophical idea of “France” was not to be confused with its political reality. Nevertheless, the image of France served as a critical antithesis to the political situation in Germany throughout the 1820 and 1830s. The article discusses the impact of France on the (...) political concepts of Jewish Hegelians with a focus on the jurist and political philosopher Eduard Gans. (shrink)

The paper examines the migration policy regime in Thailand using a human security lens. It suggests that insecurities experienced by migrants are partly caused or exacerbated by a migration policy regime, consisting of migration laws and regulations and non-migration related policies and programs, that pushes migrants into irregular forms of mobility and insecure employment options. These effects are worse for women migrants who have fewer resources to access legal channels while they are relegated to insecure employment in the reproductive or (...) informal sectors. Using a gender and human security analysis, therefore, reveals how the migration policy regime, often informed by a restrictive national security approach, can clash with the human security needs of migrants by creating a large pool of unprotected irregular migrants with women occupying the most vulnerable forms of employment. In conclusion, it is suggested that this ‘en-gendering’ of human insecurities could be overcome if gender equality was designed into policies and guided their implementation. (shrink)

Legality in the Global South suffers from problems of application by convenience. Some rules are applied, and some are not, depending on certain actors, such as the State, the stakeholders, or others. This undermines legitimation as constructed by legality and due process. These problems are connected to a wider complex formed by coloniality, internal colonialism, and a form of functional differentiation that limits autonomy of the different social systems. This complex of structural properties allows States and other actors to systematically (...) use one system against the other or—within a given system—one level of rules against the other. This was the case in Ecuador: in the initial months of quarantine due to Covid-19, the government took decisions about external state bonds following international legislation—and quite contrary ones related to local work contracts. Once again, legality followed different paths in diverse cases. Ecuadorian economic authorities accept and respect conditions on external public bonds which are protected by some complex and specific clauses to secure the payment. The same authorities have different practices towards international and national legislation that were organized in the sense of legal subsidiarity. This text will explore reasons and effects of legal de-differentiation in the Global South in times of crisis. The Ecuadorian case in time of Covid-19 helps to understand how structural problems related to the lack of autonomy of the legal system are perpetuated and lead to effects of convenient political action. (shrink)

The focus on the moral rights of combatants in the ethics of war ignores a very important point: although morally unjust combatants cannot be considered moral equals to just combatants, especially with regard to the right to kill, there are sound moral reasons why the laws of war should accept a kind of equality between them, a concept referred to as “reduced legal equality.” Reduced legal equality is not about equal moral rights but about granting legal immunity to combatants for (...) their conduct in accordance with the laws of war. This article shows that reduced legal equality of combatants is not only the morally best legal regulation in our nonideal international world but also the correct interpretation of international law. (shrink)

The rise of neurotechnologies, especially in combination with artificial intelligence (AI)-based methods for brain data analytics, has given rise to concerns around the protection of mental privacy, mental integrity and cognitive liberty – often framed as “neurorights” in ethical, legal, and policy discussions. Several states are now looking at including neurorights into their constitutional legal frameworks, and international institutions and organizations, such as UNESCO and the Council of Europe, are taking an active interest in developing international policy and governance guidelines (...) on this issue. However, in many discussions of neurorights the philosophical assumptions, ethical frames of reference and legal interpretation are either not made explicit or conflict with each other. The aim of this multidisciplinary work is to provide conceptual, ethical, and legal foundations that allow for facilitating a common minimalist conceptual understanding of mental privacy, mental integrity, and cognitive liberty to facilitate scholarly, legal, and policy discussions. (shrink)

For Europeans who strive for greater justice, there is no more cruel dilemma that the tension between maximal generosity towards the weakest among insiders and maximal hospitality towards the many outsiders who are keen, indeed sometimes desperate, to immigrate into the European Union. Opening the doors wide open would not only increase competition for the jobs, housing and public services which the least advantaged insiders need. It would also threaten the viability, both economic and political, of generous welfare state institutions. (...) And it would shake the fragile institutional framework that supports the imperfect yet exceptional combination of freedom and peace, of prosperity and solidarity which European citizens currently enjoy. Such a diagnosis may need qualification on several counts. But when endeavouring to determine what immigration policy the European Union should adopt, we should not deny or hide or minimize the dilemma it implies. Nor should we surrender to the demands it is likely to inspire to self-interested democratic majorities. We need a sensible conception of what a just world would be like and a pragmatic, no-nonsense, opportunistic approach to the measures that could take us closer to it in the messy world we live in. These measures are bound to be many. But there are at least two that deserve more attention than they usually receive: the efficient use of the diasporas present in our cosmopolitan cities and transnational interpersonal transfer schemes. (shrink)

Computational approaches to the law have frequently been characterized as being formalistic implementations of the syllogistic model of legal cognition: using insufficient or contradictory data, making analogies, learning through examples and experiences, applying vague and imprecise standards. We argue that, on the contrary, studies on neural networks and fuzzy reasoning show how AI & law research can go beyond syllogism, and, in doing that, can provide substantial contributions to the law.

This chapter provides a short history of the reception of Liang Shuming’s thought in European-language scholarship since 1922. By reviewing a significant number of monographs, edited volumes, and articles published in academic and missionary journals in English, French, and German during the last one hundred years, the chapter aims to provide a historical typology of the multifaceted reception of Liang’s thought through time. In the scholarship reviewed, Liang is variously portrayed as a philosopher, a social reformer or activist, a religious (...) thinker, an educator, a legal thinker, and a political figure. Throughout the years, Liang has been described as a conservative, a restorationist, a fundamentalist, and a modern thinker, and has been labeled a Confucian, a Buddhist, and a populist. The many faces of Liang Shuming laid bare by this short history are revealing of the complexity and tensions of the man and his thought, but also of the interpreters’ gaze and the historical evolution of the academic field in the Euro-American region. The end result is a genealogy of sort—one that challenges some deep-seated assumptions about Liang by tracing them back to a particular and contingent historical moment and by situating them within a broad spectrum of alternative positions vying for attention in the small but diverse discursive space allotted to the thought of Liang Shuming in European-language scholarship. (shrink)

In the framework of judgment aggregation, we assume that some formulas of the agenda are singled out as premisses, and that both Independence (formula-wise aggregation) and Unanimity Preservation hold for them. Whether premiss-based aggregation thus defined is compatible with conclusion-based aggregation, as defined by Unanimity Preservation on the non-premisses, depends on how the premisses are logically connected, both among themselves and with other formulas. We state necessary and sufficient conditions under which the combination of both approaches leads to dictatorship (resp. (...) oligarchy), either just on the premisses or on the whole agenda. This framework is inspired by the doctrinal paradox of legal theory and arguably relevant to this field as well as political science and political economy. When the set of premisses coincides with the whole agenda, a limiting case of our assumptions, we obtain several existing results in judgment aggregation theory. (shrink)

In this Article, I examine the Visiting Mechanisms under the Convention against Torture (CAT) and the Optional Protocol thereto (OPCAT), applying an analytic approach resting on Foucault’s Discipline and Punish. I argue that international Visiting Mechanisms essentially constitute disciplinary apparatuses as depicted by Foucault. However, because they fail to recognise this functional similarity, they do not effectively apply the methods of inducing panoptic power. Most notably the concept of ‘hierarchical observation’ is hardly utilised at all. The two introduced legal entities, (...) the Committee against Torture under CAT, and the Subcommittee for the Prevention of Torture under OPCAT, both engage in visits to states with a view to eradicate torture and ill-treatment throughout the world. Critically examining their systemic design and practises reveals that the preventative ante hoc mandate of the Subcommittee is more effective than the post hoc inquiries of the Committee. Nevertheless, because both entities unfortunately fail to fully utilise panoptic power, the article concludes by offering a set of recommendations for both bodies that could arguably enhance their overall effectiveness. (shrink)

Extended Reality (XR) systems, such as Virtual Reality (VR) and Augmented Reality (AR), provide a digital simulation either of a complete environment, or of particular objects within the real world. Today, XR is used in a wide variety of settings, including gaming, design, engineering, and the military. In addition, XR has been introduced into psychology, cognitive sciences and biomedicine for both basic research as well as diagnosing or treating neurological and psychiatric disorders. In the context of XR, the simulated ‘reality’ (...) can be controlled and people may safely learn to cope with their feelings and behavior. XR also enables to simulate environments that cannot easily be accessed or created otherwise. Therefore, Extended Reality systems are thought to be a promising tool in the resocialization of criminal offenders, more specifically for purposes of risk assessment and treatment of forensic patients. Employing XR in forensic settings raises ethical and legal intricacies which are not raised in case of most other healthcare applications. Whereas a variety of normative issues of XR have been discussed in the context of medicine and consumer usage, the debate on XR in forensic settings is, as yet, straggling. By discussing two general arguments in favor of employing XR in criminal justice, and two arguments calling for caution in this regard, the present paper aims to broaden the current ethical and legal debate on XR applications to their use in the resocialization of criminal offenders, mainly focusing on forensic patients. (shrink)

The possibility of collective action is essential to human freedom. Yet, as Rousseau famously argued, individuals acting together allow themselves to depend on one another’s choices and thereby jeopardize one another’s freedom. These two facts jointly constitute what I call the normative problem of collective action. I argue that solving this problem is harder than it looks. It cannot be done merely in terms of moral obligations; indeed, it ultimately requires putting in place a full-fledged system of contract rights. The (...) point has important ramifications for contract theory. The role that contract rights play in reconciling collective action and freedom turns out to be crucial to understanding how—and by whom—these rights can legitimately be enforced. It also explains why expectation damages should be the standard remedy for breach of contract. (shrink)

‘On the 26th of January 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality’. B. R. Ambedkar’s famous last speech to the Constituent Assembly on 25 November 1949 still resonates within contemporary Indian constitutional law, and even more so his following interrogation: ‘how long shall we continue to live this life of contradictions?’ Prima facie societal, the contradiction is however also a temporal (...) one, Indian constitutional law being founded on both the British traditional idea of ‘continuum’ and the American inspired revolutionary principles of ‘pursuance’ of a novel legal and social order. Two recent Indian Supreme Court decisions pertaining to the de-criminalisation of same sex relations ( Navtej Singh Johar v. Union of India) and for the right of menstruating women to enter the Sabarimala Temple in Kerala ( Indian Young Lawyers Association v. Union of India) offer through their differing and sometimes dissenting opinions a glimpse at those temporal contradictions. Through an analysis of both decisions and in particular that of Chandrachud J. and Malhotra J.’s judgements, this article seeks to highlight two radically differing conceptions of temporality applied to constitutional issues, which can themselves be linked back to the transposition of the legal positivist discourse in India within the colonial era: on the one hand, an attempt to continue Common law’s empirical-based tradition and on the other hand, an (apparently) a-historical perception of Law drawn from neo-Roman civilian legal discourse and later normative positivism. If both branches of legal reasoning aim at protecting minorities’ rights, the value they inscribe to History within the realm of Law cannot be further apart. (shrink)

Cette édition numérique a été réalisée à partir d'un support physique, parfois ancien, conservé au sein du dépôt légal de la Bibliothèque nationale de France, conformément à la loi n° 2012-287 du 1er mars 2012 relative à l'exploitation des Livres indisponibles du XXe siècle. Pages de début Avertissement Les paradoxes logiques Première partie - Signification et dénotation Les expressions simplement significatives et une catégorie d'expressions dénotatives : les descriptions définies Autres catégories d'expressions dénotatives L'élimination des expressions dénotatives Seconde partie - (...) Prédicativité et universalité Le principe du cercle vicieux La théorie substitutionnelle La théorie des types Unecertaine idée de la logique Références bibliographiques Pages de fin. (shrink)

Ludwig Feuerbach (1804–1872) was born in Landshut, Bavaria, the son of Paul Johann Anselm, a renowned legal theorist who had been called from Jena by the king of Bavaria to modernize the kingdom’s penal code. Feuerbach’s brothers all became distinguished scholars in their fields and his nephew Anselm a renowned classicist painter. After enrolling in theological studies in Heidelberg, Feuerbach became enthralled in Hegel’s philosophy and moved to Berlin to study with him. He presented his dissertation in 1828 at the (...) university of Erlangen and began his career there as a young Privat Dozent. Posterity has associated Feuerbach’s name to his anthropological critique of religion, presented in the 1841 The Essence of Christianity. Yet his writings touched on many other areas of philosophy. His life-long interest in religion arose from his attempt to solve the classical, fundamental questions of philosophy, of the human being’s place in the world, the relationships between thinking and being, reason and nature, mind and body, and the epistemological implications entailed in answering these questions. (shrink)