In environmental ethics, the legal and political representation of non-humans is a widespread aspiration. Its supporters see representative institutions that give voice to non-humans' interests as a promising strategy for responding to the illegitimate worldwide exploitation of non-human beings. In this article I engage critically with those who support this form of representation, and address two issues central to any account concerned with the legal and political representation of non-human living beings: what should be represented? And what are the conditions (...) of such a representation? The answers I provide to these queries count as a first step towards a comprehensive account of the institutional representation of non-human nature. (shrink)
According to the brain drain argument, there are good reasons for states to limit the exit of their skilled workers (more specifically, healthcare workers), because of the negative impacts this type of migration has for other members of the community from which they migrate. Some theorists criticise this argument as illiberal, while others support it and ground a duty to stay of the skilled workers on rather vague concepts like patriotic virtue, or the legitimate expectations of their state and co-citizens. (...) In this article, on the contrary, we suggest that the liberal conception of states’ legitimate political authority demands, and not just permits, that developing states from which migration of skilled workers occurs set up contractual mechanisms. These mechanisms will ensure that state-funded training in the health sector is provided against a commitment on the part of future professionals to reciprocate with their services for the benefits obtained. If one of the conditions for the state to maintain legitimate political authority is to provide basic services such as healthcare to its subjects (while respecting at the same time their autonomy and freedom), then this is what developing states affected by the brain drain ought to do. What we call the authority-based approach to the brain drain also helps to clarify the obligations that other states have not to interfere with these contractual mechanisms when they exist, and not to profit from their absence. Inspired by FIFA’s legal instruments of training compensation and solidarity mechanism for the transfer of players, we conclude by suggesting a plausible global policy to complement this authority-based approach. (shrink)
A Hegelian Liberal Theory of the Penal Law Content Type Journal Article Category Book Review Pages 219-224 DOI 10.1007/s11572-011-9119-8 Authors AlfonsoDonoso, Pontificia Universidad Cat’olica de Chile, ICP, Santiago, Chile Journal Criminal Law and Philosophy Online ISSN 1871-9805 Print ISSN 1871-9791 Journal Volume Volume 5 Journal Issue Volume 5, Number 2.
ABSTRACT In this article I explore whether liberal retributive justice should be conceived of either individualistically or holistically. I critically examine the individualistic account of retributive justice and suggest that the question of retribution – i.e., whether and when punishment of an individual is compatible with just treatment of that individual – must be answered holistically. By resorting to the ideal of sensitive reasons, a model of legitimacy at the basis of our best normative models of democracy, the article argues (...) that in modern liberal democracies, punishment of an offender A for f is compatible with just treatment of A only if punishment of an individual for f can be legitimate in A's and A's fellow citizens' eyes. Only once retributive justice is understood in this holistic fashion the imposition of punishment can be made compatible with just treatment of individuals. RESUMO Neste artigo, exploro se justiça retributiva liberal deve ser concebida ou individualista ou de forma holística. Examino criticamente a conta individualista da justiça retributiva e sugiro que a questão da retribuição – quando a punição de um indivíduo é compatível com o tratamento justo desse indivíduo – deve ser respondida de forma holística. Recorrendo ao ideal de razões sensíveis, um modelo de legitimidade na base dos nossos melhores modelos normativos de democracia, argumento que, nas democracias liberais modernas, a punição de um delinquente A para φ é compatível com o tratamento justo de A só se punição de um indivíduo para φ pode ser legítimo aos olhos de A e seus concidadãos. Uma vez que a justiça retributiva é entendida dessa forma holística, a imposição da pena pode ser compatível com o tratamento justo de indivíduos. (shrink)
One of the first things striking readers of Criminal Law Conversations is its unusual methodology. The editors of this volume have put together 31 conversations around as many cutting edge and influential articles. This article considers critically some discussions representative of each of the book’s three parts: Principles, Doctrine, Administration and provide a glimpse of the richness and variety of Criminal Law Conversations.
For the theorists of crisis, the revolutionary state comes into existence through violence, and due to its inability to provide an authoritative katechon (restrainer) against internal and external violence, it perpetuates violence until it self-destructs. Writing during extreme economic depression and growing social and political violence, the crisis theorists––Joseph de Maistre, Juan Donoso Cortés, and Carl Schmitt––each sought to blame the chaos of their time upon the Janus-faced postrevolutionary ideals of liberalism and socialism by urging a return to pre-revolutionary (...) moral and religious values. They are united by three counterrevolutionary principles, all of which are purported to remedy revolutionary violence: traditional constitutional fidelity, the philosophy of the decision, and opposition to bourgeois liberalism. This essay is followed by the first complete English translation and publication of Donoso’s letter of October 24, 1851, which contains Donoso’s only reference to the “discussing class,” a political entity later popularized by Schmitt in his 1922 work Political Theology. (shrink)
Neste estudo, dá-se continuidade à exposição do scotismo do mestre franciscano chileno Alfonso Briceño, pondo a ênfase em um de seus cinco Apêndices Metafísicos, que constam em suas Controversiae. No terceiro Apêndice, após expor a relação entre “ente” e “unidade”, Briceño explicita o conceito metafísico de “distinção”, em si e nas suas diferenciações. Uma das mais importantes tipologias da “distinção” é a “distinção de razão”. Acima de tudo, Briceño esforça-se em esclarecer certos tipos de distinção de razão e distanciá-los (...) da distinção formal, que deve ser entendida como um tipo de distinção real. (shrink)
In this study we examine (1) how a manager’s risk behavior is influenced by developing success (or failure) as an impending settling up deadline to report performance approaches, (2) how willingness to provide transparent accountability is negatively affected by perceived risk and eroding trust, and (3) how others interpret and respond to reduced transparency. As perceptions of high levels of risks suggest a lack of environmental control of a firm’s destiny in contemporary settings, we adopt a historical approach to examine (...) these issues. In this respect we draw on primary sources found in library archives in Spain and Argentina. Our focal case refers to the contract signed and executed between the South Sea Company and Captain José de Salinas (1731–1735) to walk 408 Negroes from Buenos Aires to Potosí and sell them en route or at destination. Drawing on this evidence, we examine how bring about unethical conduct featured by increasingly risky business practices, and how eroding trust conditions lead to only summary record-keeping and delayed reporting. In turn, diminished accountability further undermined trust. Our findings have implications for further research in this area as well as for contemporary cases of accounting failures. (shrink)
With this study, we aim to test the predictive relationships between determinants of major choice and academic expectations and to analyze gender differences, using six items of the Determinants of Major Choice Scale and the Academic Perceptions Questionnaire to assess AEs. A convenience sample of Portuguese and Spanish first-year students, mostly composed of women, was selected from two public universities. The invariance of the multivariate regression model with latent variables of the effect of DMC on AEs, with determinants linked to (...) Personal Characteristics and Mediating Agents as AE predictors, was tested across gender with LISREL. The invariance test of the multivariate regression model across gender fit the data well and revealed an equivalence of slopes between women and men, which allows a unique interpretation of the model’s predictive relationships for both genders. We also found statistically significant predictive relationships of PCs for six AE factors and MAs for five AE factors. The results showed theoretical relationships with the self-determination theory. At a practical level, they indicated the importance of PCs and MAs to design AE intervention programs in Higher Education institutions. (shrink)
Self-interest theories hold that rationality requires one always to choose what is best for oneself. Where these theories differ is in their accounts of what is best for one. Hedonism is a typical self-interest theory, distinguished from other versions by the claim that what is best for one is what gives one the greatest net balance of pleasure over pain. Gómez-Lobo thinks that Socrates is a self-interest theorist: Socrates believes that “a choice is rational if and only if it is (...) a choice of what is best for the agent”. Gómez-Lobo also thinks that Socrates holds that “something is good for an agent if and only if it is morally right” ; this distinguishes his theory from hedonism and other self-interest theories. Finally, Gómez-Lobo thinks that Plato defends Socrates’ in arguing at Gorgias 506c5-507a3 that “a being is good if and only if it has the order proper to it”: follows from and other Socratic principles. These three claims constitute the “foundations” of Socratic ethics mentioned in Gómez-Lobo’s title. (shrink)
El artículo presenta un análisis comparativo de los últimos parágrafos de la Vida de Pirrón de Diógenes Laercio y de un capítulo del Adversus ethicos de Sexto Empírico. Los resultados de este análisis harán plausible la hipótesis de una fuente común, reproducida parcialmente en DL, pero elaborada y refinada en Sexto. En ambos textos son centrales las nociones de fin y de elección. Se presentan las diferencias entre ambos textos entorno a la primera, y las tensiones internas comunes que implica (...) el tratamiento de la segunda. The article provides a comparative analysis of the final paragraphs of Diogenes Laertius' Life of Pyrrho and a chapter from the Adversus ethicos by Sextus Empiricus. The results of the analysis make plausible the hypothesis regarding a common source, partially reproduced in DL, but elaborated on and refined in Sextus. The notions of end and choice are central in both texts. The paper presents the differences between the texts regarding the former and the common internal tensions entailed by treatment of the latter. (shrink)
Logistics services involve a wide range of transport operations between distributors and clients. Currently, the large number of intermediaries are a challenge for this sector, as it makes all the processes more complicated. To face that problem, we propose a system that uses smart contracts to remove intermediaries and speed up logistics activities. Our new model combines smart contracts and a multi-agent system in a single platform to improve the current logistics system by increasing organization, security and getting rid of (...) several human intermediaries to automate its processes, making distribution times significantly faster. Also, with this kind of approach, it is possible to apply penalties to parties that do not comply with the terms of using this platform. (shrink)