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 Alfonso Donoso, Pontificia Universidad Cat’olica de Chile, ICP, Santiago, Chile Journal Criminal Law and Philosophy Online ISSN 1871-9805 Print ISSN 1871-9791 Journal Volume Volume 5 Journal Issue Volume 5, Number 2.
According to the brain drain argument, there are good reasons for states to limit the exit of their skilled workers (more specifically, healthcare workers), because of the negative impacts this type of migration has for other members of the community from which they migrate. Some theorists criticise this argument as illiberal, while others support it and ground a duty to stay of the skilled workers on rather vague concepts like patriotic virtue, or the legitimate expectations of their state and co-citizens. (...) In this article, on the contrary, we suggest that the liberal conception of states’ legitimate political authority demands, and not just permits, that developing states from which migration of skilled workers occurs set up contractual mechanisms. These mechanisms will ensure that state-funded training in the health sector is provided against a commitment on the part of future professionals to reciprocate with their services for the benefits obtained. If one of the conditions for the state to maintain legitimate political authority is to provide basic services such as healthcare to its subjects (while respecting at the same time their autonomy and freedom), then this is what developing states affected by the brain drain ought to do. What we call the authority-based approach to the brain drain also helps to clarify the obligations that other states have not to interfere with these contractual mechanisms when they exist, and not to profit from their absence. Inspired by FIFA’s legal instruments of training compensation and solidarity mechanism for the transfer of players, we conclude by suggesting a plausible global policy to complement this authority-based approach. (shrink)
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)
This paper confronts the medieval Church with Foucault´s conceptualization of Christendom in his writing on governmentality. In order to do so, this paper analyzes the formation of an ecclesiastical dual rule –jurisdiccional and pastoral– from the perspective of a genealogy of western political forms. For this purpose, a critical dialogue is stablished with Foucault’s analytics of pastoral power and of the subjectivation technologies involved in it. While the transformations supported by the pontifical power gave rise to the first western juridical (...) system, the ecclesiastical institution implemented services of c ura animarum throughout Christianity. Further, this salvation economy leaned on an unprecedented legal rule that turned pastoral power into a twofold rule, both sovereign and governmental. This paper argues that such an interpretation expounds the problems of the dichotomy government/sovereignity, on which Foucault founds his analytics of pastoral power and his genealogy of governmentality. (shrink)
ABSTRACT In this article I explore whether liberal retributive justice should be conceived of either individualistically or holistically. I critically examine the individualistic account of retributive justice and suggest that the question of retribution – i.e., whether and when punishment of an individual is compatible with just treatment of that individual – must be answered holistically. By resorting to the ideal of sensitive reasons, a model of legitimacy at the basis of our best normative models of democracy, the article argues (...) that in modern liberal democracies, punishment of an offender A for f is compatible with just treatment of A only if punishment of an individual for f can be legitimate in A's and A's fellow citizens' eyes. Only once retributive justice is understood in this holistic fashion the imposition of punishment can be made compatible with just treatment of individuals. RESUMO Neste artigo, exploro se justiça retributiva liberal deve ser concebida ou individualista ou de forma holística. Examino criticamente a conta individualista da justiça retributiva e sugiro que a questão da retribuição – quando a punição de um indivíduo é compatível com o tratamento justo desse indivíduo – deve ser respondida de forma holística. Recorrendo ao ideal de razões sensíveis, um modelo de legitimidade na base dos nossos melhores modelos normativos de democracia, argumento que, nas democracias liberais modernas, a punição de um delinquente A para φ é compatível com o tratamento justo de A só se punição de um indivíduo para φ pode ser legítimo aos olhos de A e seus concidadãos. Uma vez que a justiça retributiva é entendida dessa forma holística, a imposição da pena pode ser compatível com o tratamento justo de indivíduos. (shrink)
One of the first things striking readers of Criminal Law Conversations is its unusual methodology. The editors of this volume have put together 31 conversations around as many cutting edge and influential articles. This article considers critically some discussions representative of each of the book’s three parts: Principles, Doctrine, Administration and provide a glimpse of the richness and variety of Criminal Law Conversations.
The internet offers adolescents a huge window of opportunities, but these opportunities are not always exempt from risks. Indeed, many young people are nowadays confronted with spam, gruesome or violent images and content including pornography, drugs, racism, and even suicide. We surveyed 815 Flemish 15- to 19-year-olds about the online risks they have been confronted with and on how they cope with these risks. We controlled for digital literacy levels, socio-demographics and personality traits. Interestingly, our research shows that not only (...) adolescents with a high level of internet literacy but also those with lower internet literacy levels, such as youths enrolled in vocational education, tend to be more frequently exposed to online risks. Also worthwhile noting is the fact that a high level of self-confidence positively correlates with exposure to risky online content. In general, adolescents do not consult anybody when it comes to coping with risks and negative experiences online. However, a good parent-child relationship pays off as kids with a good parental relationship encounter aggressive, sexual or value-based content less frequently. (shrink)
Bulhof's study is not intended, she informs us, as a chronological view of the development of the philosophical thought of Wilhelm Dilthey, but as a guide for readers through what she considers to be the intricacies of his labyrinthine, because unsystematized, position. It is a position whose major contribution is a hermeneutic science based on the conviction that cultural products express meanings comparable to literary texts.
En el presente escrito se intentará explicar de manera estructurada la compleja propuesta del filósofo francés Jacques Rancière acerca del vínculo entre el arte y la política, para luego llevar a cabo una consideración crítica de dicha postura.
The Spanish journalist, writer and philosopher Jose Ortega y Gasset (1883-1955) had intended to devote a book to the subject of the United States to dispel the confusion in the European mind due to the "mass of puerile judgments that one hears pronounced on North America even by the most cultured persons." His work habits, illnesses, the civil war in Spain and the long conflict in Europe prevented him from writing more than two essays: "The New United States" (March 22, (...) 1931) and "On the United States" (July 30, 1932). The present study offers the historical context for a more meaningful reading of the essays. (shrink)
Of the factors that contribute to a lack of awareness and appreciation by the English-reading world of the development of philosophy in Latin America, themost serious is the lack of bibliographical materials. To compile such was the purpose of the Conference on Teaching Materials for the Study of Latin American Thought held recently at the American University in Washington, D.C. Since the majority of the participants were connected with Latin American Studies Programs, the bibliographies proposed for the various projects were, (...) for the most part, in the Spanish and Portuguese languages. This language barrier still excludes the overwhelming majority of those in the English-reading world interested in matters philosophic from learning what has happened and is happening in that field in Latin America. Accordingly, what follows is a bibliographical introduction to works in English, discussed in the order of their appearance, on the study of philosophy in Latin America. Only what this author considers major works will be discussed, as limited space prevents an exhaustive bibliography. (shrink)