Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from 'the people' - is perhaps the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. Although its classic formulation is to be found in the major theoretical treatments of the modern state, such as in the treatises of Hobbes, Locke, and Rousseau, this book (...) explores the intellectual origins of this doctrine and investigates its chief source in late medieval and early modern thought. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as François Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought. (shrink)

Jean Bodin’s analysis in Six Livres de la République is often understood as evidence of his alleged political absolutism. This article examines Bodin’s theory of offices to argue that this is a misguided view of Bodin’s political thought. I begin by revisiting Bodin’s distinction between the “sovereignty” and the “government” of the state. It is in the analysis of the latter that Bodin constructs a normative doctrine warning of the dangers of “seigneurial” rule. As I show, Bodin’s purpose was to (...) reject seigneurial rule by contrasting it with lawful rule, the mode of government in which public power was discharged according to law and custom, not by seigneurial will. Essential to Bodin’s analysis was a concept of public office that envisioned the officer as an independent intermediary “borrowing” public powers, not from higher magistrates or from the prince (as medieval lawyers traditionally argued), but only from the impersonal state. (shrink)

ObjectiveCochlear explantation for purely elective (e.g. psychological and emotional) reasons is not well studied. Herein, we aim to provide data and expert commentary about elective cochlear implant (CI) removal that may help to guide clinical decision-making and formulate guidelines related to CI explantation.Data sourcesWe address these objectives via three approaches: case report of a patient who desired elective CI removal; review of literature and expert discussion by surgeon, audiologist, bioethicist, CI user and member of Deaf community.Review methodsA systematic review using (...) three scientific online databases was performed. Included articles addressed the benefits and/or complications of cochlear implantation in young children, CI explantation with or without revision surgery and the ethical debate between the medical and Deaf communities on cochlear implantation and explantation.ConclusionsThe medical and audiological perspectives identify a host of risks related to implant removal without reimplantation, including risk from surgery, general anaesthesia, cochlear ossification and poor audiometric outcomes. The member of the deaf community and bioethicist argue that physicians need to guide the principles of beneficence, non-maleficence and patient autonomy. Taken together, patient desires should be seen as paramount, if the patient is otherwise fit for surgery and well informed.Implications for practiceSimilar to the case of device implantation, device explantation should be a multidisciplinary and collaborative decision with the patient and the family’s desires at the centre. While every case is different, we offer a CI explantation discussion to assist in clinical decision-making, patient counselling and education. (shrink)

This article investigates the influence of constitutional debates emerging from the Prussian reform movement, 1810-9, on Hegel's theory of the modern constitutional state, as articulated in the Philosophy of Right. I argue that Hegel's theory, which combined constitutional monarchy with a sheme of corporate representation in assembled estates, was not simply a product of an abstract rationalist philosophy but rather, a deeply ideological vision of the medieval origins of modern Germany. In reconstructing the intellectual context of the Prussian Verfassungsfrage, I (...) illustrate how Hegel carved out a middle way between the political thought of the Prussian reformers, such as Chancellor Hardenberg and Wilhelm von Humboldt, and the feudalist reactionaries, or Junkers, who eventually derailed the programme of constitutional reform. (shrink)

Sketched in somewhat general terms, there are two basic ways of going about teaching ethics: the moral indoctrination approach, which is essentially a rote learning exercise; and the moral engagement approach, which emphasizes listening to others in an open-minded manner and coming to carefully considered conclusions only after thoughtful reflection about differing views concerning matters of controversy. For reasons both practical and philosophical, the second approach, which emphasizes the development of critical thinking skills, is vastly preferable. If the moral engagement (...) approach is to work, however, it is essential that academic freedom for students in the classroom be ensured, for developing critical thinking skills is not possible if there is not freedom to think.The professor has the primary responsibility for maintaining a classroom environment in which students are comfortable giving expression to their views and for assisting students in the development of their critical thinking skills. (shrink)

Most modern evangelicals classify the Abrahamic covenant as unconditional. But the label is ambiguous. A review of the covenant passages strongly suggests that the blessings promised to Abraham were conditioned on his obedience – making the covenant, in this sense, conditional. On the other hand, once Abraham obeyed God’s commands, the covenant became prophetically guaranteed – and is, in this sense, unconditional.The nuance is more than theological trivia, for God’s dealings with Abraham have profound implications for us. Abraham received imputed (...) righteousness by faith, without conditions of obedience. But his justification did not guarantee him historic/prophetic prominence. That flowed from his submission to Yahweh. I suggest that these twin principles are universal, applying to believers of every age.All scripture quotations are from the New American Standard Bible unless otherwise indicated. Emphasis is mine in all scripture quotations. (shrink)

In Freedom vs. Intervention, Daniel E. Lee addresses questions around such controversial issues as abortion, legalization of physician-assisted suicide and recreational use of marijuana, and the right to refuse medical treatment, taking an innovative approach by applying traditional just war criteria to questions of intervention.

A crisis of values underlies the economic uncertainty and anxiety about the future of the United States. The author of this book observes the shift of emphasis from productivity to consumption, from contribution to entitlement, and from long-term investment to short-term gain.

Human Rights and the Ethics of Globalization provides a balanced, thoughtful discussion of the globalization of the economy and the ethical considerations inherent in the many changes it has prompted. The book's introduction maps out the philosophical foundations for constructing an ethic of globalization, taking into account both traditional and contemporary sources. These ideals are applied to four specific test cases: the ethics of investing in China, the case study of the Firestone company's presence in Liberia, free-trade and fair-trade issues (...) pertaining to the coffee trade with Ethiopia and the use of low-wage factories in Mexico to serve the US market. The book concludes with a comprehensive discussion of how to enforce global compliance with basic human rights standards, with particular attention to stopping abuses by multinational corporations through litigation under the Alien Tort Claims Act. (shrink)

According to various reports, human rights violations in China include the detention of activists, forced abortions and sterilizations, and the repression of religious and spiritual groups, among others. Yet foreign direct investment in China is growing rapidly, as is outsourcing to Chinese producers. By adapting the Sullivan Principles to China, this essay maps out ethical guidelines for U.S. companies operating in China.

This concise and readable book uses the question of obligation to the law as a stepping-off point to a more general discussion of deciding what's right and wrong.

ABSTRACTIn Inventing the Individual, Larry Siedentop traces the origins of Western liberal individualism to Christianity, which broke the hold of classical religiosity. In the classical view, according to Siedentop, there was no conceptual space for individuals, as society was seen as consisting of families, each worshipping its own god. Paul’s doctrine that everyone is equally a child of God enabled an individual-focused understanding of society to emerge. This began to happen with the rise of the Roman Empire and then the (...) Church, which placed all the equal individuals under a single sovereign. This story is magnificent in its simplicity, but questionable because of the same quality. (shrink)

The most comprehensive coverage of the core content Being Human, this course book will help learners grasp complex philosophical ideas and develop the crucial thinking skills. Developed directly with the IB, dedicated assessment support straight from the IB builds confidence.

The most comprehensive coverage of the core content Being Human, this course book will help learners grasp complex philosophical ideas and develop the crucial thinking skills. Developed directly with the IB, dedicated assessment support straight from the IB builds confidence.