In this book, Westphal offers an original interpretation of Hegel's moral philosophy. Building on his previous study of the role of natural law in Hume's and Kant's accounts of justice, Westphal argues that Hegel developed and justified a robust form of civic republicanism. Westphal identifies, for the first time, the proper genre to which Hegel's Philosophical Outlines of Justice belongs and to which it so prodigiously contributes, which he calls Natural Law Constructivism, an approach developed by Hume, Rousseau, Kant, and (...) Hegel. He brings to bear Hegel's adoption and augmentation of Kant's Critique of rational judgment and justification in all non-formal domains to his moral philosophy in his Outlines. Westphal argues that Hegel's justification for the standards of political legitimacy successfully integrates Rousseau's Independence Requirement into the role of public reason within a constitutional republic. In these regards, Hegel's moral and political principles are progressive not only in principle, but also in practice. Hegel's Civic Republicanism will be of interest to scholars of moral philosophy, social and political philosophy, philosophy of law, Hegel, eighteenth- and nineteenth-century philosophy. (shrink)

Contract cheating services are marketing to students at discipline level, using increasingly sophisticated techniques. The discipline level reach of these services has not been widely considered in the academic integrity literature. Much of the academic understanding of contract cheating is not discipline specific, but the necessary solutions to this problem may need to vary by discipline. This paper reviews current knowledge about contract cheating services at the discipline level, including summarising four studies that rank the relative volume of contract cheating (...) within different academic disciplines. The reviewed studies show high volumes of contract cheating transactions in the disciplines of Business and Computing. Examples of discipline level contract cheating research and service advertising are provided. The main contribution of the paper is an analysis of the discipline level reach by contract cheating services as seen through an analysis of Google search results from the United Kingdom. This analysis of 19 discipline groups uses measures of organic search engine results, paid results and competition. Three discipline groups are shown as currently being heavily exploited by essay mills; these are: Architecture, Building and Planning, Computer Science and Law. In addition, the discipline group of Creative Arts and Design is shown to be at risk of future exploitation. The paper recommends that academics are made aware about continual change in the contract cheating industry including the involved marketing taking place at discipline level. The paper concludes with a call to action for academia to develop discipline specific solutions to contract cheating. (shrink)

Evidence suggests that the incidence of research misconduct is not in decline despite efforts to improve awareness, education and governance mechanisms. Two responses to this problem are favoured: first, the promotion of an agent-centred ethics approach to enhance researchers’ personal responsibility and accountability, and second, a change in research culture to relieve perceived pressures to engage in misconduct. This article discusses the challenges for both responses and explains how normative coherence through values alignment might assist. We argue that research integrity (...) and research ethics convey mixed messages, which are likely to contribute to a form of normative confusion. For the successful adoption of an agent-centred approach, normative coherence is needed between the two. To facilitate normative coherence, we propose that research ethics and research integrity be underpinned by a shared set of moral values that can be enacted via codes and guidelines and imbue research environments. Furthermore, to facilitate culture change, the same normative coherence is necessary at all levels of an institution. Only via values alignment between institutional aims, management, institutional practices and researchers can an ethical culture become truly embedded in research institutions. (shrink)

In Law’s Empire, Ronald Dworkin argues that the choice between conflicting interpretations of law is, and should be, influenced by the aspiration to “integrity,” that is, the construction of law as a coherent whole, as though it were the product of a single author. I argue that, particularly under conditions where opinion on relevant issues is significantly divided, the search for a single coherent explanation of law may be seriously misleading. The idea of integrity is a principled basis for legal (...) interpretation only where there is an underlying unity, rather than an underlying plurality. Dworkin suggests that there is a basis for striving toward such unity, and for an obligation to obey the law, in our “associative” obligations to fellow members of our political community. I argue that such obligations, to the extent that they exist, are too weak to provide an adequate basis for a moral obligation to obey the law. (shrink)

The unprecedented public panic caused by COVID-19 will affect the recovery of tourism, especially the theme parks, which are generally crowded due to high visitor volume. The purpose of this study is to discuss the effect of the COVID-19 on the theme park industry. This study aims to predict recommendation intentions of theme park visitors by exploring the complicated mechanism derived from the fear of COVID-19. This study uses a quantitative research method, and SPSS 20.0 and AMOS 22.0 were used (...) for data analysis. An online survey was conducted with 420 Chinese respondents who visited Shanghai Disneyland after its reopening. The study explored the relationship between Fear of COVID-19, perceived risk, participation, service experience, and revisit intention. Results indicated the perceived risk of theme park visitors will not directly ruin their recommendation intention. Visitors’ fear of COVID-19 enhanced their perceived risk, reduced their desire for active participation and impaired their service experience, which consequently affected their recommendation intention. We provide theoretical and managerial implications. (shrink)

Social epidemiology has made a powerful case that health determined not just by individual-level factors such as our genetic make-up, access to medical services, or lifestyle choices, but also by social conditions, including the economy, law, and culture. Indeed, at the level of populations, evidence suggests that these “structural” factors are thepredominantinfluences on health. Legal scholars in public health, including those in the health and human rights movement, have contended that human rights, laws, and legal practices are powerfully linked to (...) health. Social epidemiology and health-oriented legal scholarship are complementary in their focus and their research needs. Legal scholarship has identified plausible ways in which legal and human rights factors could be influencing health, but empirical evidence has been limited. (shrink)

What is the core of legal scholarship? How can we understand its relation to other disciplines, such as moral and political philosophy, sociology, and economics? I explore these questions by analysing the impact of the dual nature thesis. Criticising established theories of legal scholarship, I defend the ideal of an integrative jurisprudence. Integrative jurisprudence combines the two dimensions of law by employing analytical, empirical, and normative methods. I then discuss three objections and address the problem of how to bridge is (...) and ought. In the course of my analysis of three different bridge theories, I ultimately further develop the dual nature thesis into a triadic nature thesis. (shrink)

This paper connects to Jon Bing’s great vision of an integrated national legal information system. The intention of this paper is to variegate Bing’s vision of an integrated information system by shifting the focus to the lay users, thus to those, who are subject to the law. The modified vision is an integrated information system that supports intelligible access to law for the citizens. This presupposes however an unambiguous and transparent legal system. Accordingly, it is also stressed that intelligent legal (...) knowledge engineering has high potential to increase precision and rationality in law, and hence safeguard the predictability of law and legal certainty. The central hypothesis is that putting the person who is subject to the law at the centre provides more rational reason to aim for the greatest possible precision of law by exploiting the means and technologies of our time than to uphold strategic vagueness. On this basis, the paper proposes the development of a basic set of controllable and justiciable basic legal drafting standards on EU and on national level, and promotes a transparency by design approach for legal knowledge engineering in order to enhance precision, integrity, comprehensibility and accessibility of law. Similarly to Jon Bing’s vision, this modified vision of an integrated legal information systems is, most probably, also likely to remain unfulfilled. However, what would science be without visions and (science) fictions? (shrink)

Social epidemiology has made a powerful case that health determined not just by individual-level factors such as our genetic make-up, access to medical services, or lifestyle choices, but also by social conditions, including the economy, law, and culture. Indeed, at the level of populations, evidence suggests that these “structural” factors are the predominant influences on health. Legal scholars in public health, including those in the health and human rights movement, have contended that human rights, laws, and legal practices are powerfully (...) linked to health. Social epidemiology and health-oriented legal scholarship are complementary in their focus and their research needs. Legal scholarship has identified plausible ways in which legal and human rights factors could be influencing health, but empirical evidence has been limited. (shrink)

Using the Rule of Law as the theoretical framework in his paper, the author proceeds to discuss ASEAN integration. His ultimate objective is to examine the applicability of Brunnée and Toope’s Interactional International Law to ASEAN integration. To provide the background to the process of ASEAN integration, the author cites selected works of scholars and experts in the fields of international law and international relations. The most important factor to be considered is the ASEAN Charter’s inclusion of (...) the principle of the Rule of Law to guide its integration efforts. This is viewed by Western democracies as a commitment by the ASEAN Member States to the Rule of Law. Interestingly, Democracy and Human Rights stand side-by-side with the Rule of Law in the Charter. Quite expectedly, scholars and practitioners of International Law and International Relations see the inclusion of these principles as an indication of ASEAN embracing the rules, norms, and values that the West hold dearly. These are the same rules, norms and values that underpin the liberal democracies of North America and Europe, and which provide the European Union its theoretical foundation. In the EU, the Rule of Law is an important guiding principle. For the same reason, the emergence of supranational institutions became a matter of course in the process of their integration. In conclusion, the author suggests that IIL should provide the proper theoretical legal framework for ASEAN integration to move forward after taking into account the current heterogeneity in the political, economic, social and cultural profiles of the ASEAN Member States. Keywords- Legal Philosophy, international law, ASEAN regional integration, interactional international law, international relations, Philippines. (shrink)

In this paper, we will review research done by the Large-Scale Integrated Photonics group at HP Laboratories, and in particular we will discuss applications of optical resonances in dielectric microstructures and nanostructures to future classical and quantum information technologies. Our goal is to scale photonic technologies over the next decade in much the same way as electronics over the past five, thereby establishing a Moore’s Law for optics.

The integration of nanotechnology’s ‘social and ethical issues’ (SEI) at the research and development stage is one of the defining features of nanotechnology governance in the United States. Mandated by law, integration extends the field of nanotechnology to include a role for the “social”, the “public” and the social sciences and humanities in research and development (R&D) practices and agendas. Drawing from interviews with scientists, engineers and policymakers who took part in an oral history of the “Future of (...) Nanotechnology” symposium at the Cornell NanoScale Facility, this article examines how nanotechnology’s ‘social and ethical issues’ are brought to life by these practitioners. From our analysis, three modes of enactment emerge: enacting SEI as obligations and problems-to-be-solved, enacting SEI by ‘not doing it’ in the laboratory, and enacting SEI as part of scientific practice. Together they paint a complex picture where SEI are variously defined, made visible or invisible, included and excluded, with participants showing their skill at both boundary-work (Gieryn Am Sociol Rev 48:781–795, 1983, 1999) and at integration. We conclude by reflecting on what this may mean for the design and implementation of SEI integration policies, suggesting that we need to transform SEI from obligations into ‘matters of care’ (Puig de la Bellacasa Soc Stud Sci 41(1):85–106, 2011) that tend to existing relationalities between science and society and implicate practitioners themselves. (shrink)

Once I’ve heard a joke about legal academia, and given that this was a very good joke, it was also very close to reality. This is how it went: ‘well, if you want to be successful in the Anglo-Ameri...

This paper argues that we can better understand Ronald Dworkin's thesis that both individuals and governments must strive to act in accordance with principles that comprise a coherent moral conception, or with what he calls 'integrity', as an instance of Immanuel Kant's fundamental ethical injunction to act in accordance with principles that have the form of law. This Kantian reading of Dworkin highlights the internal, constitutive relation between integrity and a key condition of political legitimacy that Dworkin long stressed: that (...) governments take individual rights _seriously_. Governments take individual rights seriously only by treating humanity as an end in itself, and governments treat humanity as an end in itself only by striving to act in accordance with an integrated system of practical laws. Acting with integrity, taking rights seriously and respecting humanity are thus internally related acts. (shrink)

This edited collection includes contributions from expert philosophers of law and considers the work of one of the most important legal philosophers of our time, Professor Gerald J Postema. The chapters dig deep into important camps of Postema's rich theoretical project including: - the value of the rule of law; - the ideal of integrity in adjudication; - his works on analogical reasoning; - the methodology of jurisprudence; - dialogues with Ronald Dworkin, Joseph Raz, Frederick Schauer and HLA Hart. It (...) includes an original article by Professor Postema, in which he develops his conception of the rule of law and replies to some objections to previous works, and an interview in which he provides a fascinating and unique insight into his philosophy of law. (shrink)

Work on the relation between figurative language and the law is a fairly recent trend, within legal discourse studies, linguistics, and semiotics. The work in conceptual metaphor theory, for example, is starting to unpack the underlying metaphorical and metonymic structure of legal language, producing some new and important insights into the nature of this language. Missing from this emerging line of inquiry are the views of the Neapolitan philosopher Giambattista Vico, who was the first to understand the power of figurative (...) language in the creation of symbolic systems, like language and the law. His tripartite evolutionary model of language shows that there is not one language of the law, but three “languages.” By integrating Vico’s model with the work in conceptual metaphor theory it will be possible to penetrate the underlying conceptual structure of legal discourse and thus lead to a more insightful science of this discourse. (shrink)

The purpose of this article was to comprehensively explore the phenomenon of the narrative of the Decalogue in its fundamental principles in the context of the theological understanding of Jewish law. For this purpose abstract-logical methods, historical-legal, phenomenological, axiological, epistemological methods, method of critical and systematic analysis and method of comparative theology were used. The result is a theological understanding of the basic moral and legal principles and reducing to a single, systematic; a study of the correlation between the normative (...) and the moral side of such a narrative was conducted. Of particular importance is the establishment and isolation of the basic initial principle in the defined context that underlies both Sinai law and all the biblical law. Because with the change of historical realities, which coincided with the destruction of the Temple and the termination of sacrifices, the law has also changed. However, the biblical law was of particular ideological importance, it set the tone and revealed and formed the basic principles for the further development of all Jewish law. Therefore, in our study we have drawn attention to the main ideological features of the biblical laws, because in our opinion, the basic formative essence is hidden in them and only by understanding it − will we be able to understand Jewish law itself. However, the phenomenon of law and even more so of Jewish law, is one of the best regulators and exponents of the educational principle that is designed to raise a person in love. Of course, morality is called for it and it should take precedence over everything else, but the legal part should not be ignored. Law should serve as a socially just, integrative, fundamental, binding, most effective, most respected regulator. Therefore, the problem of combining legal principles and moral precepts for biblical law did not stand basically. The significant part of the adopted legal norms initially was characterized by moral prescriptions, confirmed and expressed by law. Such a transition, the shift from morality to law, and the close relationship between them are one inseparable whole. And apart from Halacha, which was responsible for the legal aspect, there were also the writings of the prophets whose task was to illuminate the transition from law to morality, because precisely morality is the essence of everything. Here is the true meaning of the existence of a legal expression of such an educational principle. Thus, the basic educational principle of the Decalogue, in particular, and of biblical law in general, was to educate a high-moral person who had restrictive precepts that would not allow him to fall into lawlessness, and the formative commandments that would allow a person to be educated in the search for God, and to stabilize himself in the godlike state commanded by God through Moses. That is the essence of the Decalogue and Jewish law. The educational principle, both basic and effective, though not so familiar to the modern understanding of the nature of law, is precisely the principle that laid down both the basis of the Decalogue and the foundation of all Jewish law at least in its biblical part. (shrink)

We present a reference model for finding evidence of discrimination in datasets of historical decision records in socially sensitive tasks, including access to credit, mortgage, insurance, labor market and other benefits. We formalize the process of direct and indirect discrimination discovery in a rule-based framework, by modelling protected-by-law groups, such as minorities or disadvantaged segments, and contexts where discrimination occurs. Classification rules, extracted from the historical records, allow for unveiling contexts of unlawful discrimination, where the degree of burden over protected-by-law (...) groups is evaluated by formalizing existing norms and regulations in terms of quantitative measures. The measures are defined as functions of the contingency table of a classification rule, and their statistical significance is assessed, relying on a large body of statistical inference methods for proportions. Key legal concepts and reasonings are then used to drive the analysis on the set of classification rules, with the aim of discovering patterns of discrimination, either direct or indirect. Analyses of affirmative action, favoritism and argumentation against discrimination allegations are also modelled in the proposed framework. Finally, we present an implementation, called LP2DD, of the overall reference model that integrates induction, through data mining classification rule extraction, and deduction, through a computational logic implementation of the analytical tools. The LP2DD system is put at work on the analysis of a dataset of credit decision records. (shrink)

An integrable version of the Weyl-Dirac geometry is presented. This framework is a natural generalization of the Riemannian geometry, the latter being the basis of the classical general relativity theory. The integrable Weyl-Dirac theory is both coordinate covariant and gauge covariant (in the Weyl sense), and the field equations and conservation laws are derived from an action integral. In this framework matter creation by geometry is considered. It is found that a spatially confined, spherically symmetric formation made of pure geometric (...) quantities is a massive entity. This may be treated either as a fundamental particle or as a cosmic body. In an F-R-W universe at the very beginning of the expansion phase the cosmic matter is created from an initial Planckian egg made of geometry, and during the following expansion geometric fields continue to stimulate the matter production. (shrink)

This book examines the intricate dynamics of when individuals adhere to laws, taking into account the context in which laws attempt to shape human behavior. While existing literature touches upon various reasons why people comply with laws, the book focuses on a critical question which has been missing from the discussion: when do people obey laws? By treating law as a form of social communication, it develops an integrated framework to answer this question. It explores how social, psychological, and institutional (...) conditions shape compliance decisions of individuals. What does a law signify? When does the compulsion to obey arise? When do individuals comply out of a fear for legal sanctions or social repercussions? Why do some laws have high symbolic values and others fail despite harsh punishments? The book unveils the contextual intricacies that underlie obedience to law. It challenges conventional wisdom and offers a fresh perspective on the power and limitations of law in shaping human behavior. For scholars and academics seeking a deeper understanding of legal compliance and role of law in shaping behaviors, this book will be an indispensable resource. (shrink)

This paper explores the ambiguous notion of bodily integrity, focusing on male and female circumcision. In the empirical part of the study we describe and analyse the various meanings that are given to the notion of bodily integrity by people in their daily lives. In the philosophical part we distinguish (1) between a person-oriented and a body-oriented approach and (2) between four levels of interpretation, i.e. bodily integrity conceived of as a biological wholeness, an experiential wholeness, an intact wholeness, and (...) as an inviolable wholeness. We argue that bodily integrity is a prima facie principle in its own right, closely connected with, but still fundamentally different from, the principle of personal autonomy, that is, autonomy over the body. (shrink)

Businesses always exist in some context. This essay proposes three criteria of contextual integrity—the principles of inclusion, relational identity, and completeness— with examples of their violation and proposals for their repair. Adam Smith’s The Wealth of Nations violates the principle of inclusion by dissociating his advocacy of free trade from the slave trade on which it depended. We can repair this violation by developing a civic perspective that allows us to recognize the close connection between early capitalism and slavery. In (...) The Wealth of Nations, Smith also violated the second principle of contextual integrity by identifying property relations as a process of natural evolution. In fact, property relations are grounded in civil law. We can repair this violation by recognizing that civic relations should be the basis for property relations. The violation of the contextual integrity of completeness can be observed in the division of the economy into different sectors that separate Wall Street from Main Street. We can repair this violation by designing the economy as different systems of provision, such as the housing or food system. This would allow us to have a complete picture of the contexts in which businesses exist, and help us to understand how business ethics might promote contextual integrity. (shrink)

Some argue that law is the discipline which has mixed most prominently with bioethics, and that bioethicists can be seduced by the law and by legal procedures. While there is a great consensus that law has influenced bioethics in significant and important ways, certainly much more than it influenced other "law and..." disciplines, scholars dispute as to the exact role which the law plays in bioethics, the goals it purports to achieve and the implications of its relationship with the discipline (...) of bioethics. This Article aims to explore the relationship between law and bioethics and calls for a careful evaluation of the law's contributions to bioethics. Specifically, it will be argued that while the law contributed extensively to the development of bioethics it introduced a language and a way of thinking that are not necessarily appropriate to handle and resolve bioethical issues, and which, in significant portion of cases, was irrelevant and had little impact on decision-making and behavioral patterns of patients. Moreover, law's interference with and shape of bioethical issues resulted in serious threats to some of the major characteristic of such issues and brought about to other societal concerns which the law did not consider seriously. The article will conclude that it is now time to re-evaluate the direction in which bioethics should take in the next years, specifically whether it should continue to integrate with law or other disciplines, or alternatively become a more autonomous and independent discipline. (shrink)

Legal terminology is deemed a key feature of legal discourse and a pivotal constituent of competence evaluation and quality control in the translation of legal texts. Problems of terminology unequivocally prove the need for analysing factors governing changing situations as well as macro-textual parameters and measures for the sake of making strategic decisions at a micro-level. There have been a lack of translation methodology among practitioners and trainees and a lack of a practical operational model that comprises all the primary (...) measures and criteria for analysing translation. The present paper seeks to test the efficacy of the integrative model proposed by Prieto Ramos The Ashgate Handbook of Legal Translation, Ashgate Publishing Limited, Surrey, 2014) in surmounting terminological problems of Arabic-English legal translation through applying the said model to the translation of the three Arabic Islamic legal terms: ‘bayʿu al-tawliya’, ‘bayʿu al-wafāʾi wal-amāna’ and ‘takhliya’ into legal English. The present paper claims that the integrative model proposed by Prieto Ramos The Ashgate Handbook of Legal Translation, Ashgate Publishing Limited, Surrey, 2014) proves useful and fruitful in coping with terminological incongruencies and particularly successful in surmounting problems of rendering legal terms from legal Arabic into legal English. This may be owing to the fact that the said integrative model encompasses all the steps and criteria required for adopting plausible strategic translation decisions. (shrink)

Law is an important part of Althusser’s thought. He profoundly criticized the mechanism of capitalist law from the perspective of ‘reproduction.’ First, the law cannot be separated from the relations of production. In order to maintain capitalist relations of production, the law covers up the exploitation in the process of capitalist production. The key methods are to determine the ownership of the means of production and products and confuse the technical division of labor and social division of labor in the (...) process of labor. It demands the submission of legal subjects, seducing and tempting subjects through the ideological function of law so that they will actively and willingly accept the restriction of law. Secondly, the law and the State are integrated. The ‘surplus-violence’ that the ruling class holds over the ruled class is transformed by law into legal State power, and the State power shapes individuals into subjects and endows subjects with rights through law, with the aim of the reproduction of capitalist relations of production. In addition, at the end of the article, I also mention Althusser’s preliminary conception of communist law. (shrink)

Some argue that law is the discipline which has mixed most prominently with bioethics, and that bioethicists can be seduced by the law and by legal procedures. While there is a great consensus that law has influenced bioethics in significant and important ways, certainly much more than it influenced other "law and..." disciplines, scholars dispute as to the exact role which the law plays in bioethics, the goals it purports to achieve and the implications of its relationship with the discipline (...) of bioethics. This Article aims to explore the relationship between law and bioethics and calls for a careful evaluation of the law's contributions to bioethics. Specifically, it will be argued that while the law contributed extensively to the development of bioethics it introduced a language and a way of thinking that are not necessarily appropriate to handle and resolve bioethical issues, and which, in significant portion of cases, was irrelevant and had little impact on decision-making and behavioral patterns of patients. Moreover, law's interference with and shape of bioethical issues resulted in serious threats to some of the major characteristic of such issues and brought about to other societal concerns which the law did not consider seriously. The article will conclude that it is now time to re-evaluate the direction in which bioethics should take in the next years, specifically whether it should continue to integrate with law or other disciplines, or alternatively become a more autonomous and independent discipline. (shrink)

Editorial independence is a bedrock principle of academic publishing. The growing domination of academic publishing by large, for-profit corporations threatens this independence. There is alarming evidence that large companies too often serve their own business interests and those of powerful clients rather than serving the scientific community and the general public. This evidence includes the publication of infelicitous commercial science and concealing scientific misconduct. We present two case studies in which the UK-based publisher Taylor & Francis interfered in the editorial (...) process by blocking publication of legitimate criticism that had been reviewed and approved for publication by its specialized editors. The integrity of science depends in part on the transparency and intellectual honesty of all stakeholders. The widely acknowledged inadequacies of English libel law are reviewed as context for some of Taylor & Francis’s fearful decisions. (shrink)

Shaun Gallagher presents an interesting case for the social extension of mind. I argue that there is one way in which Gallagher can argue for social extension, which is continuous with an enculturated model of cognition, such as cognitive integration. This way requires us to think of the mind as extended by social/cultural practices that are specifically targeted at cognitive tasks. The other way in which Gallagher argues for social extension is that social institutions - such as museums or (...) the law - are literal constituents of our minds. This second way involves a number of problems and objections and is inconsistent with an enculturated or practice based approach. I conclude by urging Gallagher to endorse the first way. (shrink)

Management Ethics: Integrity at Work redefines what it means for a manager to function with integrity in the private and public sectorsùdomestically and globally. It integrates the latest theoretical work in both descriptive and normative ethics, and incorporates legal, communication, quality, and organizational theories into a conceptual framework that improves managerial judgment in the handling of moral complexity at work. The authors use their organizational ethics consulting and academic research experience to provide practical assessment and decision-making tools that convert ethics (...) theories into sound action steps. The book examines three key dimensions of management integrityùjudgment, process, and developmental dimensionsùand applies them to individual chapters devoted to the subprocesses of ethical planning, organizing, leading, and controlling. The authors focus their theories and tools on 28 ethics minicases related to each management function in seven allied management application clusters: accounting, auditing management; finance, investment management; marketing, advertising management; business management, business law, human resource management; technology, quality operations, organizational behavior management; public, nonprofit, health care management; and international, environmental, public policy management. Management Ethics: Integrity at Work builds management integrity by linking and enhancing both ethics and management competence in responsible planning, organizing, leading, and controlling for use by professionals and students in the private and public sectorsùdomestically and globally. (shrink)

Law as Art presents a radical new legal theory, the Law as Art Hypothesis, which conceives law, not as a system of rules, but as a distinctive kind of art work. Law is differentiated as art by the Law as Compound Artistic Type Hypothesis, which uses the heuristic metaphor of the Operatic Music Drama, the most elementally complex compound art form, to develop an idea of legal art as a distinctive empowered text, supported by the arts of drama, painting, sculpture, (...) dress-design, architecture, rhetoric and communication to form an elementally developed yet integrated unitary art work. Part I develops a new realist epistemology to support a contemporary action-type ontology of art, differentiated as art by virtue of its artistic value. Part II opens with a critical review of the arts in legal theory, before detailing the Law as Art and Law as Compound Artistic Type Hypothesis and locating them within contemporary scholarship. Legal philosophical implications are considered and there is an acronym key and glossary, bibliography and index. (shrink)

Considerable attention has been given to the accessibility of legal documents, such as legislation and case law, both in legal information retrieval (query formulation, search algorithms), in legal information dissemination practice (numerous examples of on-line access to formal sources of law), and in legal knowledge-based systems (by translating the contents of those documents to ready-to-use rule and case-based systems). However, within AI & law, it has hardly ever been tried to make the contents of sources of law, and the relations (...) among them, more accessible to those without a legal education. This article presents a theory about translating sources of law into information accessible to persons without a legal education. It illustrates the theory by providing two elaborated examples of such translation ventures. In the first example, formal sources of law in the domain of exchanging police information are translated into rules of thumb useful for policemen. In the second example, the goal of providing non-legal professionals with insight into legislative procedures is translated into a framework for making available sources of law through an integrated legislative calendar. Although the theory itself does not support automating the several stages described, in this article some hints are given as to what such automation would have to look like. (shrink)

Handbook of Compliance & Integrity Management' provides a scientific underpinning for the practice of compliance. The compliance discipline in companies and financial institutions has grown exponentially in recent years. In spite of a plethora of works on compliance, the academic discipline on compliance is still in its infancy. This book, which is the result of the researches conducted by the Post-Doctoral Education in Compliance and Integrity Management of the VU University Amsterdam, examines the subject from such crucial and varied perspectives (...) as ethics, behavioural science, risk management, accounting, and European and international law. Much more than a critical approach to the existing practice of supervision, it provides a wealth of information, guidance, and valuable insights into the day-to-day work of compliance officers. (shrink)

Exploring Law's Empire is a collection of essays by leading legal theorists and philosophers who have been invited to develop, defend, or critique Ronald Dworkin's controversial and exciting jurisprudence. The volume explores Dworkin's critique of legal positivism, his theory of law as integrity, and his writings on constitutional jurisprudence. Each essay is a cutting-edge contribution to its field of inquiry, the highlights of which include an introduction by Justice Stephen Breyer of the United States Supreme Court, and a concluding essay (...) by Dworkin himself. This final chapter responds to the preceding essays and lays out Dworkin's own vision for the future of jurisprdence over the coming years. (shrink)

Muhammad Arsyad Al-Banjari who lived from 1710 to 1812 in Borneo, Indonesia, applied a model of integrating uses of the Banjarese tradition into Islamic Jurisprudence based on a dialectical constitution of qiyās, the legal argumentation theory for parallel reasoning and analogy, he learned from the Shāfi‘ī-school of jurisprudence (uṣūl al-fiqh). Our paper focuses in the model of integration proposed and practiced by Al-Banjari, a rational debate grounded on a dynamic view on legal systems. We will illustrate the method with (...) the help of two different kinds of qiyās deployed by Al-Banjari in order to argue for the rejection of some traditional Banjarese offering-rituals for avoiding disease or calamities (manyanggar and mambuang pasilih), and for the acceptance of the use of consuming the traditional drink called lahang made of the juice of sugar-palm. As our dialogical reconstruction shows, the development of the debates, particularly the first one, is quite sophisticated, with a Banjarese opponent that does not surrender easily to the rejection of his use of those rituals. (shrink)

Reporting and investigating research misconduct can lead to disciplinary proceedings being initiated, and ultimately to disciplinary sanctions being imposed on convicted scientists. The conversion of research misconduct findings into disciplinary sanctions is poorly understood. This article analyses all the disciplinary decisions handed down on appeal by the Conseil national de l'enseignement supérieur et de la recherche (CNESER) between 1991 and 2023, concerning breaches of research integrity by academics and doctoral students ( n = 333). Three findings are highlighted. Firstly, the (...) article describes how the CNESER sanctioned research misconduct even before the notion of research integrity became part of French law, by monitoring scientists’ compliance with “deontological rules”. Secondly, we show that assessing disciplinary fault involves evaluating a much broader set of circumstances than the mere existence of research misconduct, which can explain why the latter do not result in disciplinary sanctions or lighter sanctions. Thirdly, the research highlights situations where research misconduct is intertwined with other allegations, blurring the relative importance of these motives in the awarding of disciplinary sanctions. The article concludes with a call for greater accessibility to the disciplinary decisions handed down by universities in the first instance, as a key next step in gaining a better understanding of the disciplinary response to research misconduct. (shrink)

The Book takes the approach of a critique of the prevailing international environmental law-making processes and their systemic shortcomings. It aims to partly redesign the current international environmental law-making system in order to promote further legislation and more effectively protect the natural environment and public health. Through case studies and doctrinal analyses, an array of initial questions guides the reader through a variety of factors influencing the development of International Environmental Law. After a historical analysis, commencing from the Platonic philosophy (...) up to present, the Book holds that some of the most decisive factors that could create an optimized law-making framework include, among others: progressive voting processes, science-based secondary international environmental legislation, new procedural rules, that enhance the participation in the law-making process by both experts and the public and also review the implementation, compliance and validity of the science-base of the laws. The international community should develop new law-making procedures that include expert opinion. Current scientific uncertainties can be resolved either by policy choices or by referring to the so-called „sound science.“ In formulating a new framework for environmental lawmaking processes, it is essential to re-shape the rules of procedure, so that experts have greater participation in those, in order to improve the quality of International Environmental Law faster than the traditional processes that mainly embrace political priorities generated by the States. Science serves as one of the main tools that will create the next generation of International Environmental Law and help the world transition to a smart, inclusive, sustainable future. (shrink)

In this paper we suggest that differing approaches to the science of social cognition mirror the arguments between radical embodied and traditional approaches to cognition. We contrast the use in social cognition of theoretical inference and mental simulation mechanisms with approaches emphasizing a direct perception of others’ mental states. We build from a recent integrative framework unifying these divergent perspectives through the use of dual-process theory and supporting social neuroscience research. Our elaboration considers two complementary notions of direct perception: one (...) primarily stemming from ecological psychology and the other from enactive cognition theory. We use this as the foundation from which to offer an account of the informational basis for social information and assert a set of research propositions to further the science of social cognition. In doing so, we point out how perception of the minds of others can be supported in some cases by lawful information, supporting direct perception of social affordances and perhaps, mental states, and in other cases by cues that support indirect perceptual inference. Our goal is to extend accounts of social cognition by integrating advances across disciplines to provide a multi-level and multi-theoretic description that can advance this field and offer a means through which to reconcile radical embodied and traditional approaches to cognitive neuroscience. (shrink)

The key concept in Business Ethics has changed from ‘corporate social responsibility’ to ‘integrated risk‐management’. This change, first wrought by American laws, has been extended to other countries through globalization. The most important laws concern corruption, anti‐trust, consumer safety, environmental protection and insider‐trading. The ‘Federal Corporate Sentencing Guidelines’ have particularly been helpful in identifying and valuing business risks. The author proposes a ‘next‐generation’ Business Ethics integrating personal, professional and organizational ethics in the context of an institutionalized, country‐sensitive ‘corporate culture’.

The first English translation of a classic work in vision science from 1936 by a leading figure in the Gestalt movement, covering topics that continue to be major issues in vision research today. This classic work in vision science, written by a leading figure in Germany's Gestalt movement in psychology and first published in 1936, addresses topics that remain of major interest to vision researchers today. Wolfgang Metzger's main argument, drawn from Gestalt theory, is that the objects we perceive in (...) visual experience are not the objects themselves but perceptual effigies of those objects constructed by our brain according to natural rules. Gestalt concepts are currently being increasingly integrated into mainstream neuroscience by researchers proposing network processing beyond the classical receptive field. Metzger's discussion of such topics as ambiguous figures, hidden forms, camouflage, shadows and depth, and three-dimensional representations in paintings will interest anyone working in the field of vision and perception, including psychologists, biologists, neurophysiologists, and researchers in computational vision—and artists, designers, and philosophers. Each chapter is accompanied by compelling visual demonstrations of the phenomena described; the book includes 194 illustrations, drawn from visual science, art, and everyday experience, that invite readers to verify Metzger's observations for themselves. Today's researchers may find themselves pondering the intriguing question of what effect Metzger's theories might have had on vision research if Laws of Seeing and its treasure trove of perceptual observations had been available to the English-speaking world at the time of its writing. (shrink)

The open practice of euthanasia in The Netherlands stood alone in the world until the government of the Northern Territories in Australia accepted the possibility of physician-assisted suicide. Even though the active ending of lives in The Netherlands is still a crime by law, the current practice allows it and acquits physicians if certain conditions have been met. Of the many facets of euthanasia, the teaching of this practice represents a further logical step. In this contribution, we intend to describe (...) the comprehensive teaching program of euthanasia of the Free University of Amsterdam's Postgraduate Family Medicine Program. Here students receive university-based training for 1 day a week in a cohort of 12 and on the job training for 4 days with individual family physicians for 2 consecutive years. We especially intend to portray the integration of euthanasia into the wider teaching of the process of counseling and aid of the dying. (shrink)

Law and Society, Third Edition, offers a contemporary overview of the structure and function of legal institutions, along with a lively discussion of both criminal and civil law and their impact on society. Unlike other books on law and society, Matthew Lippman takes an interdisciplinary approach that highlights the relevance of the law throughout our society. Distinctive coverage of diversity, inequality, civil liberties, and globalism is intertwined through an organized theme in a strong narrative. The highly anticipated Third Edition of (...) this practical and invigorating text introduces students to both the influence of law on society and the influence of society on the law. Discussions of the pressing issues facing today's society include key topics such as the law and inequality, international human rights, privacy and surveillance, and law and social control.?KEY FEATURES: An interdisciplinary approach integrates various intellectual perspectives and traditions to provide extensive coverage of the legal profession, juries, criminal courts, and racial and ethnic inequality. Gender is covered throughout the text with particular attention devoted to abortion, human trafficking, global exploitation, sexual abuse, and the role of women in the justice system. A distinction between legal myth and reality is analyzed throughout the text using contemporary media examples. International Perspective sections offer relevant cross-cultural and international studies to provide a unique global viewpoint. Test Your Knowledge questions open chapters to show students what they may and may not know prior to reading the chapters. You Decide cases are presented throughout the book to sharpen critical thinking skills by applying the chapter contents to contemporary issues. (shrink)

The first complete English translation of a groundbreaking work. An ambitious account of the relation of mathematics to logic. Includes a foreword by Crispin Wright, translators' Introduction, and an appendix on Frege's logic by Roy T. Cook. The German philosopher and mathematician Gottlob Frege (1848-1925) was the father of analytic philosophy and to all intents and purposes the inventor of modern logic. Basic Laws of Arithmetic, originally published in German in two volumes (1893, 1903), is Freges magnum opus. It was (...) to be the pinnacle of Freges lifes work. It represents the final stage of his logicist project the idea that arithmetic and analysis are reducible to logic and contains his mature philosophy of mathematics and logic. The aim of Basic Laws of Arithmetic is to demonstrate the logical nature of mathematical theorems by providing gapless proofs in Frege's formal system using only basic laws of logic, logical inference, and explicit definitions. The work contains a philosophical foreword, an introduction to Frege's logic, a derivation of arithmetic from this logic, a critique of contemporary approaches to the real numbers, and the beginnings of a logicist treatment of real analysis. As is well-known, a letter received from Bertrand Russell shortly before the publication of the second volume made Frege realise that his basic law V, governing the identity of value-ranges, leads into inconsistency. Frege discusses a revision to basic law V written in response to Russells letter in an afterword to volume II. The continuing importance of Basic Laws of Arithmetic lies not only in its bearing on issues in the foundations of mathematics and logic but in its model of philosophical inquiry. Frege's ability to locate the essential questions, his integration of logical and philosophical analysis, and his rigorous approach to criticism and argument in general are vividly in evidence in this, his most ambitious work. Philip Ebert and Marcus Rossberg present the first full English translation of both volumes of Freges major work preserving the original formalism and pagination. The edition contains a foreword by Crispin Wright and an extensive appendix providing an introduction to Frege's formal system by Roy T. Cook. Readership: Scholars and advanced students in philosophy of logic, philosophy of mathematics, and early analytic philosophy. (shrink)

This Chapter studies legislative initiatives around sustainable finance deriving from the Action Plan: Financing Sustainable Growth (also called ‘Sustainable Finance Action Plan’, ‘Action Plan’ henceforth), published by the European Commission (‘Commission’) in 2018 (Communication 2018/97). I evaluate various instruments proposed in the Action Plan, using a reflexive law approach coupled with insights from business ethics and epistemology (De Bruin, 2013, 2015). I point to the challenges such an approach encounters, and offer suggestions how to address them. Reflexive law approaches to (...) legislation (Farber 1994, Hess 1999, Orts 1994, Farmer & Teubner 1994) acknowledge the limits of law as an instrument to realize social or political goals, and stress the need to encourage self-reflection and transparency among stakeholders through procedural rather than ‘command-and-control’ legislation. Typical reflexive law instruments involve disclosure, reporting, and labelling. Examining the Action Plan, I show that the main legislative instruments it puts forward are reflexive. I use empirical and theoretical work that challenges the effectiveness of some of these instruments. Drawing on recent work from behavioural economics I suggest that these problems may be overcome once we integrate more fully in reflexive law what it means for people ‘reflectively’ to recruit evidence and gather knowledge, and once we appreciate the value knowledge has over and above mere belief. My argument here is not so much to the effect that more interventionist regulatory tools are needed (they are dearly needed, but that is not the point here). Rather I argue that once a regulator opts for a reflexive law approach, a richer notion of information should be deployed. I call this ‘epistemic’ instead of ‘reflexive’ law. The Chapter gives some background information about the Action Plan, introduces the core ideas of reflexive law, shows how the Action Plan is reflexive law par excellence, considers the challenges, and offers a few modest suggestions. (shrink)

This study addresses the challenge of attitude tracking control for a rigid-flexible spacecraft with high-inertia rotating appendages. The Lagrange method was used to establish the kinematic and dynamic models of the spacecraft. The translation and rotation of the spacecraft, vibrations of solar panels, and imbalance caused by the rotating appendages, which cause a complex control problem, were considered. To address the complex control problem, a novel, fast nonsingular integral sliding mode control method is proposed to perform the attitude tracking function (...) of spacecraft. A sliding mode control law was established for the high-inertia appendages to maintain an appropriate angular velocity during rotation. Finally, the effectiveness of the proposed attitude control law was verified by numerical simulations for a spacecraft with high-inertia rotating appendages and symmetrical flexible solar panels. (shrink)

Summarising the interrelationship between law and medical ethics, I would say that in cases which do not touch the patient's body or integrity, such as professional secrecy, statutory law may take precedence over rules of medical ethics. But in cases where the human subject becomes a victim because of domestic statutory laws which are in contradiction with medical ethics, the medical practitioners should insist on adhering to their professional standards in such a way that the legislators will have to adapt (...) their legislations to the laws of humanity and public conscience. Legislators, as well as medical practitioners, should not forget that the term 'being' is preceded and qualified by 'human'. (shrink)

Policing in South Africa reached notoriety for its extensive history of oppressive law enforcement. In 1994, as the country's apartheid system was replaced with a democratic order, the new government faced the significant challenge of transforming the South African police force into a democratic police agency-the South African Police Service (SAPS)-that would provide unbiased policing to all the country's people. More than two decades since the initiation of the reforms, it appears that the SAPS has rapidly developed a reputation as (...) a police agency beset by integrity challenges. This book offers a unique perspective by providing in-depth analyses of police integrity in South Africa. It is a case study that systematically and empirically explores the contours of police integrity in a young democracy. Using the organizational theory of police integrity, the book analyses the complex set of historical, legal, political, social, and economic circumstances shaping police integrity. A discussion of the theoretical framework is accompanied by the results of a nationwide survey of nearly 900 SAPS officers, probing their familiarity with official rules, expectations of discipline within the SAPS, and their willingness to report misconduct. The book also examines the influence of the respondents' race, gender, and supervisory status on police integrity. Written in a clear and direct style, this book will appeal to students and scholars of criminology, policing, sociology, political science, as well as to police administrators interested in expanding their knowledge about and enhancing police integrity. (shrink)