This paper analyses the Verlagsanzeige of the humanist, mathematician, astronomer and publisher Johannes Regiomontanus. How is humanism expressed in this famous document from German early printing and what is its relationship to philosophy? The article shows that Regiomontanus advocated a special form of humanism that went beyond the standard humanism that he valued, with ‘truth’ as its most important aspect. From the epistemological perspective of the history of philosophy in Regiomontanus’s publishing programme, the ‘truth’ of mathematics is seen, analogous to (...) some predecessors, as a paradigm of programmatic testimony. The integration of philosophy is evident in this, as in another specified way as well. (shrink)

Introduction EMPIRICISM DOES NOT stand in very high repute among literary theorists these days. Regarded generally as a discredited philosophical paradigm ...

Australia is second only to Israel in being the world’s most culturally diverse nation, based largely on high levels of immigration in the second part of the 20th century. From the 1970s onwards, Australia formally recognized the massive social changes brought about by postwar immigration, and provided legislation to incorporate cultural diversity into everyday lives. One such ‘legislative’ enactment saw the establishment of multicultural broadcasting in Australia, as arguably a world-first, both in its comprehensiveness and diversity. Today, Australia has a (...) public sector corporation, the Special Broadcasting Service, administering five radio services in 68 languages. Also, the Community Radio sector produces multicultural programming in 100 languages through a number of its 330 broadcast and 207 narrowcast stations. This article examines the relationship between radio and its communities. It argues that despite the ‘profile’ of SBS television, radio is much closer to its constituent communities, and therefore plays a greater role in enabling those communities to speak their own histories, beyond the confines of a consensual Anglophile paradigm. (shrink)

This paper by using the ijtihad paradigm of maqâshid al-syarî’ah of JasserAudah and the descriptive-analytical approach, would like to emphasize that the role of religion and economic welfare are two things that cannot be separated. Although in practice these two things often face obstacles, especially in the matter of diversity in religious life because of the superficial ijtihad paradigm of Islamic law. Based on the contemporary paradigm that seeks to provide new criteria in the conception of qath’i (...) al-dlilalah and dlanni al-dlilalah, it can be stated that the contemporary Islamic law paradigm that needs to be built must be based on the development of citizens’ welfare Muslims, but also must be the same as non-Muslims because of that we need to carry out financial and economic reforms ; protection of freedom of thought and freedom of religion is an important aspect that must be maintained to guarantee the peace and harmony of the nation’s life in the territory of Indonesia. Therefore, the religious and economic aspects must be prioritized for their protection and safety. (shrink)

Recoge: 1.Conceps of law. A Proposal -- 2.Evolutionary concepts -- 3.Neo-evolutionary theories -- 4.Evolution as learning -- 5.Law as autopoiesis -- 6.Towards a critique of the "Evolution of law" paradigm.

This essay builds on recent work by Susan Haack to suggest that Oliver Wendell Holmes Jr.’s conception of the common law was influenced by Darwinian evolution and classical pragmatism. This is no small claim: perceptions of what the common law is and does within the constitutional framework of the United States continue to be heavily debated. Holmes’s paradigm for the common law both revised and extended the models set forth by Sir Edward Coke, Thomas Hobbes, Sir Matthew Hale, and (...) Sir William Blackstone. Adding additional substance to Haack’s argument by pointing out passages in Holmes’s opinions and in his only book, The Common Law, that corroborate her claims about the particular features of Holmes’s pragmatism, this essay concludes by suggesting that, because of his connections with the classical pragmatists and his reverence for Emerson, Holmes is the best place to begin answering the famous question formulated by Stanley Cavell: “What’s the Use in Calling Emerson a Pragmatist?”. (shrink)

Paradigms of International Human Rights Law explores the legal, ethical, and other policy consequences of three core structural features of international human rights law: the focus on individual rights instead of duties; the division of rights into substantive and nondiscrimination categories; and the use of positive and negative right paradigms. Part I explains the types of individual, corporate, and state duties available, and analyzes the advantages and disadvantages of incorporating each type of duty into the world public order, with special (...) attention to supplementing individual rights with explicit individual and state duties. Part II evaluates how substantive rights and nondiscrimination rights are used to protect similar values through different channels; summarizes the nondiscrimination right in international practice; proposes refinements; and explains how the paradigms synergize. Part III discusses negative and positive paradigms by dispelling a common misconception about positive rights, and then justifies and defines the concept of negative rights, justifies positive rights, and concludes with a discussion of the ethical consequences of structuring the human rights system on a purely negative paradigm. For each set of alternatives, the author analyzes how human rights law incorporates the paradigms, the technical legal implications of the various alternatives, and the ethical and other policy consequences of using each alternative while dispelling common misconceptions about the paradigms and considering the arguments justifying or opposing one or the other. (shrink)

Resumen: El enfoque de máquinas nomológicas como esquema de funcionamiento de los modelos económicos supone la existencia de conjunciones constantes de eventos que tienen lugar en tanto se cumplan con determinadas cláusulasceteris paribus. Este enfoque supone causalidad del tipo lineal, una metodología del tipo macro-micro-macro, y un aislamiento respecto del entorno en el cual dicha máquina opera, lo cual lo hace congruente con el pensamiento neo-mecanicista. Consideramos que estos supuestos son cuestionables bajo el paradigma de la complejidad. En particular, dado (...) que gran parte de los fenómenos económicos responden a una causalidad no lineal, es necesario tener en consideración interacciones que no se dan en un nivel ni micro ni macro sinomeso, y que no es necesario ni conveniente hacer un aislamiento con el entorno, sino que es posible contemplarlo utilizando modelos de simulación.: The nomological machines approach as a scheme of operation of economic models presupposes the existence of constant conjunctions of events that take place as long as certain ceteris paribus clauses are fulfilled. This approach involves linear causality, a macro-micro-macro methodology, and an isolated environment in which the machine operates, which makes it consistent with the neo-mechanistic approach. We believe that these assumptions are questionable under the paradigm of complexity. Given that a large part of economic phenomena responds to non-linear causality, it is necessary to consider interactions that do not occur at a micro or macro level but rather at a meso-level, and that it is neither necessary nor desirable to isolate from the environment, but it is possible to contemplate it using simulation models. (shrink)

Preface The status of sovereignty as a highly ambiguous concept is well established. Pointing out or deploring, the ambiguity of the idea has itself become a recurring motif in the literature on sovereignty. As the legal theorist and international lawyer Alf Ross put it, “there is hardly any domain in which the obscurity and confusion is as great as here.” 1 The concept of sovereignty is often seen as a downright obstacle to fruitful conceptual analysis, carried over from its proper (...) setting in history to “plague and befog contemporary thought.” 2 . . . So contested is the concept that, rather than pursuing the contestation, many political theorists think we should give up so protean a notion. Granting that the debate on the relevance of sovereignty frustratingly oscillates between claims that it will either continue to exist or that it is about to disappear, forgetting it altogether, and thereby escaping this seemingly endless argument, can easily appear as the most urgent task for political theory . The following argument makes a case that the “urgent task” is not the abandonment of the concept of sovereignty, but an understanding of its essential philosophical nature as an integrated and evolving expression of practical reason. Sovereignty is neither ambiguous nor obscure once its fundamental presuppositions are laid bare and its many philosophical and historical manifestations shown to be the product, in actuality, of a single, dialectally dynamic but integrated set of metaphysical elements. This is the first of three arguments describing the evolution of international law as a manifestation of practical reason through an application of philosophical method to the source , locus , and scope of the concept of sovereignty. It moves from a dialectic balance favoring utility to a balance dominated by legal right to a dialectic of duty to humanity and nature. All three arguments are meant to be a contribution to the new field of International Legal Philosophy as defined by Phillip Allott. 4 This field combines a sensitivity to legal practice with an effort to understand the underlying philosophical determinants of empirical choice and behavior. One purpose of international legal philosophy is to “remove” from the minds of those who study the law what Diderot defined as “the sophism of the ephemeral,” and what Allott calls “the disempowering idea that what xii Preface happens to exist now is inevitable and permanent.” 5 A core imperative is to “reunderstand what it is to be a thinking being” 6 and to rediscover the dialectic between the private and the public as it determines, and is redetermined by, legal practice. This requires a “revolution in the human mind” 7 so that we may transcend the current dependence on positivist methods and empirical fact as an end-in-itself, and try to understand the underlying and more constant and essential ideas and inherent dialectics that constitute the substructure or “metaphysics” of international law. I will approach this “revolution” with the use of R. G. Collingwood’s philosophical method 8 and the philosophy of David Hume, applied to international law as an expression of practical reason. The goal of philosophical method is the construction of a comprehensive policy argument (CPA) for a public policy or legal issue. In addition to the conventional use of empirical models and their logic of investigation in the study of policy and law, CPA requires that an underlying philosophical logic of concepts be deciphered to identify the ideas within the issue, and their definition, overlap, and systematic interdependence. Philosophical method is a means with which to interpret and understand competing systematic and complete conceptual logics, existing at the core of an issue and pertinent to policy change. Philosophical method is therefore not meant to be a replacement for the empirical investigation of a policy or legal issue, or the use of scientific method in social studies. Rather, it is a complimentary and prerequisite method that seeks to transcend the limitations of positivism and present a more complete understanding of the philosophical presuppositions of positivist ideas like power, interest, or strategic rationality. Philosophical method is meant to be used with the facts of the policy or legal issue to match an illuminating logic of concepts with a pertinent logic of investigation . Within the CPA, the use of philosophical method and the metaphysics of a policy or legal issue is assumed to be critical to the full understanding of the overlapping concepts, dialectics, and scale of forms that determine, and are determined by, the empirical context of the policy or legal topic. Specifically, instead of utilizing bits and pieces of various theoretical arguments to address narrowly focused empirical questions, as positivism prescribes, I will address the evolution of international law as practical reason in three phases. Each will be approached through a single integrated logic of philosophical concepts from a particular philosopher (i.e., David Hume, G. W. F. Hegel, Immanuel Kant). This philosophically holistic approach to the law is based on the assumption that only through the use of a single integrated argument in legal analysis can sovereignty, or any concept, be understood as a truly systematic and logical whole. A complete philosophical paradigm has a dialectic integrity and systematic logic that can more adequately describe the evolving essence of a concept like sovereignty. This approach also has the advantage of generating a number of distinct holistic descriptions of the law through the application of different philosophical systems, one at a time, to its factual structure. 9 Positivism does not seek Preface xiii holism, and rejects the idea that “theory” has such a characteristic. The essential or comprehensive substructure of any idea is therefore ignored in a method that recommends the observation of empirical problems through the use of whatever hodgepodge of theoretical elements is seen fit to frame its superstructure. This failure to deal with metaphysics has retarded both an essential understanding of international law as a species of legal system, and any holistic and dialectical conceptualization of its inherent concepts, like sovereignty. A second positivist convention expects modern theorists to create new theory rather than to refine and apply that of existing philosophy. This predisposition is driven by the positivist goal of discovery that ignores refinement as a possible purpose of philosophical analysis. Collingwood argues that philosophy must take that set of ideas already known and utilize existing systematic philosophical arguments to refine them so that they evolve closer to their essence as concepts. Considering this imperative, the idea of sovereignty can be assumed to have had valid usage for hundreds of years, over which time, the concept has evolved to mean different things, each a refinement of the definition that preceded it. Transcending positivism means that the scholar’s search is not for “new” material, but to decipher the metaphysical essence of a concept as it has been made manifest over time and context. These manifestations are rooted, and refined from, the known terms of that concept’s inherent idea(s). Rather than depending exclusively on positivism and its conventions, my work utilizes, in addition to Collingwood, the intact philosophical systems of Hume, Hegel, and Kant to trace the refinement of international law as a product of human practical reason. These paradigms, or integrated systems of logical concepts, will be applied to legal practice individually, so that each CPA can be deciphered separately. This provides a set of integrated and logically intact paradigms for the evolutionary stages of practical reason in international law. Because each argument is applied systematically, a deeper understanding of the source, locus, and scope in the development of law in general, and international law in particular, is possible where it is not with the application of various disconnected components of many theories. Each CPA based on Hume, Hegel, or Kant can then be used to describe a distinct context that its logic of concepts best illuminates; specifically, the (1) genesis, (2) contemporary dilemmas, and (3) future of the international legal system. By widening the perspective of international lawyers and policymakers, they can more easily perceive the dialectic of ideas that has created, and is refined by, the legal practice in which they participate. We also move toward Allott’s goal of “human self-perfecting.” 10 And, in addition, by providing a more complete knowledge of the origins of legal practice and its evolution, we illuminate the practical possibilities for what we might “choose to be” 11 in the future. To achieve this, the essential metaphysical elements of state sovereignty and its inherent evolutionary scale of forms will be deciphered and described. This will transform what appears to be a multitude of definitions and xiv Preface practical realizations of the concept of sovereignty into a set of interdependent manifestations of a single substructure, made of a single set of dialectic elements. The interpretation of international law through practical reason sorts and integrates a diverse and discordant literature and defines state sovereignty as a single concept evolving on a scale of forms that allows it to exhibit diverse character traits, all arising from different combinations of common and essential metaphysical elements. This approach, compared to positivist methods and legal realism, allows one to transcend current agreement that sovereignty is, at best, a narrowly focused set of empirical characteristics or, at worst, “organized hypocrisy.” 12 This method also encourages the scholar and practitioner to understand the predispositions and pitfalls of the concept of sovereignty, as well as its potential future paths, more effectively. The use of philosophical method to create policy paradigms out of preexisting philosophical systems and apply these to international law will be called Philosophical-Policy & Legal Design . This approach allows the use of preexisting and complete philosophical arguments that provide an adequate logic of concepts to chart the evolution of the idea of sovereignty along its scale of forms. An examination of the source of practical reason in human social convention with the employment of a philosophical-policy drawn from Hume’s logic of concepts about human nature will demonstrate this new approach. Why Hume? Because, up to now, without an adequate substructure we have arguments, like Brunne é’ s and Troope’s, 13 that may correctly identify international law as an “interactional” system, but cannot present any argument as to why it is, where this empirical reality comes from, or what its implications are for the future. Comparatively, Hume provides a logic of philosophical concepts that answers these concerns. First, he fulfills the requirements for a fuller understanding of the origin and evolution of law from social convention and the dependence of social convention on the human imperative for society. Second, he offers a more adequate delineation of the overlapping concepts of the law in terms of the ideas and institutions that deal with norms and justice (e.g., principle, process, practice, rule, power, interest). Third, he provides a fundamental understanding of the essential dialectics at the core of a conceptualization of the law with both unconscious and conscious human participation (i.e., passion. (shrink)

In this article I discuss the nature and sense of legal reasoning as reasonableness, i.e. as judgement and equilibrium between normativity and factuality, and as constant approximation between these two dimensions. By phrasing the intertwinement between legal hermeneutics and the nature and function of writing, the structure of the article is constructed so that the focus is on the changes currently occurring with the so-called ‘digital revolution’: in imagining a juridical system administrated through data analysis and algorithms, some contradictions emerge, (...) especially concerning the nature, sense and task of legal hermeneutics. The current shift of paradigm should be first of all addressed starting from the grammatological nature of the revolution at stake. Only from this perspective can the shift be entirely grasped and, at the same time, only from this perspective can the methodological conundrum be deconstructed. (shrink)

Dhall (2010) posited that quantum holism can provide an alternate justification for human rights. This article explores how such a foundation challenges aspects of international law and assertions of cultural relativism that have stymied the ongoing development of a universal human rights culture.

Political theorists continue to be provoked by Giorgio Agamben’s disturbing diagnosis that ‘bare life’ – human life that is excluded from politics yet exposed to sovereign violence – is not a sign of the malfunction of modern politics but rather a revelation of how it actually functions. However, despite the enormous amount of attention this diagnosis has received, there has been relatively little discussion of Agamben’s proposed ‘cure’ for the problem that he diagnoses. In this article, I analyze the three (...) main concepts of Agamben’s positive philosophical program – ‘infancy,’ ‘potentiality,’ and ‘form-of-life’ – in order to show how he attempts to subvert the sovereignty of law over life with his idea of a life of habit in which life is sovereign over law. In addition to analyzing these concepts, I engage in an immanent critique of Agamben’s philosophy and contrast his vision of politics with those of other influential contemporary political theorists. I find that while Agamben’s philosophical program is almost undone by internal difficulties, it still radically challenges current theories of subjectivity, humanity, and community. (shrink)

Well known quantum and time paradoxes, and the difficulty to derive the second law of thermodynamics, are proposed to be the result of our historically grown paradigm for energy: it is just there, the capacity to do work, not directly related to change. When the asymmetric nature of energy is considered, as well as the involvement of energy turnover in any change, so that energy can be understood as fundamentally "dynamic", and time-oriented (new paradigm), these paradoxes and problems (...) dissolve. The most basic consequence concerns the particle-wave dualism. For a reversible inter-conversion of a particle into a wave, subject to a dynamic energy, a self-image of information has to be generated: quantum theory has to be complemented by a theory of information. Then, quantum processes can be derived from classical ones and the second law of thermodynamics with the tendency of increasing entropy follows in a straightforward way. (shrink)

The laws of nature have come a long way since the time of Newton: quantum mechanics and relativity have given us good reasons to take seriously the possibility of laws which may be non-local, atemporal, ‘all-at-once,’ retrocausal, or in some other way not well-suited to the standard dynamical time evolution paradigm. Laws of this kind can be accommodated within a Humean approach to lawhood, but many extant non-Humean approaches face significant challenges when we try to apply them to laws (...) outside the time evolution picture. Thus for proponents of non-Humean approaches to lawhood there is a clear need for a novel non-Humean account which is capable of accommodating these sorts of laws. In this paper we propose such an account, characterizing lawhood in terms of constraints, which are understood as a form of modal structure. We demonstrate that our proposed realist account can indeed accommodate a large variety of laws outside the time evolution paradigm, and describe some possible applications to important philosophical problems. (shrink)

Well known quantum and time paradoxes, and the difficulty to derive the second law of thermodynamics, are proposed to be the result of our historically grown paradigm for energy: it is just there, the capacity to do work, not directly related to change. When the asymmetric nature of energy is considered, as well as the involvement of energy turnover in any change, so that energy can be understood as fundamentally "dynamic", and time-oriented, these paradoxes and problems dissolve. The most (...) basic consequence concerns the particle-wave dualism. For a reversible inter-conversion of a particle into a wave, subject to a dynamic energy, a self-image of information has to be generated: quantum theory has to be complemented by a theory of information. Then, quantum processes can be derived from classical ones and the second law of thermodynamics with the tendency of increasing entropy follows in a straightforward way. (shrink)

There are many calls for a definitions personhood, but also many logical and Wittgensteinian reasons to think fulfilling this is unimportant or impossible. I argue that we can consider many contexts as language-games and consider the person as the key player in each. We can then examine the attributes, presuppositions and implications of personhood in those contexts. I use law and therapeutic psychology as two examples of such contexts or language-games. Each correlates with one of the classic “theories” of ethics-deontology (...) and consequentialism. But each is a large enough cluster to consider them as paradigms in a sense related to Thomas Kuhn's notion in The Structure of Scientific Revolutions. Showing the presuppositions about and “takes” on personhood together with the connections involved in the paradigms deepens the dilemmas we already know to be present. (shrink)

RESUMEN: Los cambios en la nueva concepción del Estado Democrático de Derecho que surgen a partir de la toma de conciencia de la existencia de determinados derechos que se consideran como fundamentales por la comunidad internacional, influyen de modo directo en el diseño de políticas públicas, de creación de normas jurídicas y en el modo de resolver los casos judiciales. Es así que se presenta a la Teoría Neoconstitucional como una nueva teoría del derecho que permite integrar los derechos con (...) sus respectivas garantías, y que se ocupa tanto de las normas como de los principios y los valores de Derechos Humanos y de su internalización en los ordenamientos de los Estados, es decir, se ocupa del fenómeno de mundialización de estos derechos. Dentro de los derechos fundamentales encontramos los que poseen las mujeres en lo que concierne a vivir una vida libre de toda violencia en la que se respete su dignidad y autonomía de la voluntad, amén de que los índices de violencia contra ellas aumentan día a día en todos los países del mundo. De este modo los Estados deberán cumplimentar con las medidas de acciones positivas tendientes a garantizar el efectivo goce de los derechos reconocidos por los Pactos internacionales de Derechos Humanos.ABSTRACT: The changes in the new conception of the Democratic State of Law that arise from the awareness of the existence of certain rights that are considered fundamental by the international community, have a direct influence on the design of public policies, the creation of legal norms and how to solve judicial cases. This is how the Neoconstitutional Theory is presented as a new theory of law that allows integrating rights with their respective guarantees, and that deals with both the norms and the principles and values of Human Rights and their internalization in the legal systems. of the States, that is, deals with the phenomenon of globalization of these rights. Within the fundamental rights we find those that women possess in what concerns to live a life free of all violence in which their dignity and autonomy of the will is respected, in addition to that the indices of violence against them increase every day in all the countries of the world. In this way, the States must comply with the measures of positive actions tending to guarantee the effective enjoyment of the rights recognized by the International Covenants on Human Rights.PALABRAS CLAVE: violencia, género, derechos humanos, neoconstitucionalismo, EstadosKEYWORDS: violence, gender, human rights, neoconstitutionalism, States. (shrink)

The law-governed world-picture -- A remarkable idea about the way the universe is cosmos and compulsion -- The laws as the cosmic order : the best-system approach -- The three ways : no-laws, non-governing-laws, governing-laws -- Work that laws do in science -- An important difference between the laws of nature and the cosmic order -- The picture in four theses -- The strategy of this book -- The meta-theoretic conception of laws -- The measurability approach to laws -- What (...) comes where -- In defense of some received views -- Some assumptions that will be in play -- The laws are propositions -- The laws are true -- The logically contingent consequences of the laws are laws themselves -- At least some laws are metaphysically contingent -- The meta-theoretic conception of laws -- Laws of nature, laws of science, laws of theories -- The first-order conception versus the meta-theoretic conception -- What is a law of nature? -- Some examples of meta-theoretic accounts -- The virtues of the meta-theoretic conception -- Weighing the virtues and shortcomings of the meta-theoretic conception -- An epistemological argument for the meta-theoretic conception of laws -- The discoverability thesis, the governing thesis, and the first-order conception -- The main argument -- The objection from bad company -- The objection from inference to the best explanation -- The objection from bayesianism -- The objection from contextualist epistemology -- The objection from the threat of inductive skepticism -- Laws, governing, and counterfactuals -- Where we are now -- What would things have to be like in order for the laws of nature to govern the universe? -- Lawhood, inevitability, counterfactuals -- What is it for a proposition to be inevitably true? -- What is it for a whole class of propositions to be inevitably true? -- What is it for lawhood to confer inevitability? -- NP and supporting counterfactuals -- The worry about context-variability -- A solution and a look ahead -- When would the laws have been different? -- Where we are now -- The God cases -- Other counterexamples to NP -- A moral-theoretic counterexample to NP -- Scientific contexts and non-scientific contexts -- Scientific God cases? -- Lewisian non-backtracking counterexamples -- Where things stand now -- How could science show that the laws govern? -- Why the law-governed world-picture must include the science-says-so thesis -- What is extra-scientific? -- How can the science-says-so thesis be true? -- NP as a consequence of the presuppositions in any scientific context -- Np as true in all possible scientific contexts -- But how could it be so? -- Attack of the actual-factualists -- Measurement and counterfactuals -- Where we are now -- Measurements, reliability, counterfactuals -- A general principle that captures the relation between measurement and counterfactuals -- What we can learn about lawhood from what we have learned about the counterfactual commitments of science -- A first-order account of laws or a meta-theoretic account of laws? -- What methods are presupposed to be legitimate measurement procedures? -- Why we must adopt a meta-theoretic account of laws -- What lawhood is -- Where we are now -- The measurability account of laws -- Brief review of the case for the mal -- A note about hedged laws -- How plausible is the mal? -- What if we don't care about the law-governed world-picture? -- Newton's God and Laplace's demon -- Beyond humean and non-humean -- Two views of laws -- Humean supervenience and the meta-theoretic conception -- Alleged counterexamples to humean supervenience -- Governing and non-trivial necessity -- How the mal lets us have it all -- Humeanism? non-humeanism? -- What is the significance of the idea of the law-governed universe? -- Where in the world are the laws of nature? -- Appendix: The mal in action : a few examples -- Of scientific theories and their laws -- Newton's theory as a paradigm example -- Classical special-force laws -- Geometrical optics and one of its laws -- Local deterministic field theories. (shrink)

This article explores the tension between the fundamental perception that the provision of privatized services such as health and social care remain inherently public and the absence of any clearly developed juridical concept of ‘public services’ as the basis of judicial control in accordance with public law standards. In a series of recent cases, courts have had the opportunity to determine whether private contractors engaged in the provision of local authority residential and social care services are amenable to judicial review (...) or susceptible to direct vertical proceedings under the Human Rights Act, on grounds that they are performing functions which are by their very nature quintessentially public. However, conflating questions of amenability to review and susceptibility to the Human Rights Act (hereafter HRA), courts have refused to adopt a test based on the public character of a body's functions, irrespective of the source of power. This article acknowledges the constitutional propriety and rationality of a broad based functional test of review. Nevertheless, it is argued that if courts continue to resist such a test, Parliament must legislate to ensure judicial regulation of decisions by independent contractors of health and social care services, in accordance with public law principles and HRA obligations, which transcend the boundaries of their strict contractual undertakings. (shrink)

International Law in Context is a pedagogy-forward textbook. It reflects the recent paradigm shift in legal education, which focuses more on what students actually learn rather than the material to which they are exposed. The text aims to prepare the next generation of U.S. lawyers to engage with our interconnected world and to critically evaluate the U.S.'s role within the international legal order. The work is divided into three parts that accomplish these goals. Part One lays a foundation. It (...) covers the various actors within the system, the theories that help explain their behavior, and the principles and sources of law they create. Part Two turns to the fora that define and support the international order, the historical and political contexts that impacted their design, and their efficacy. Part Three is a capstone section that asks students to weave together everything they have learned in Parts One and Two. Students will engage in normative development regarding climate change, including the existing international treaty regime and U.S. implementation options, and the law of war in the modern age. The cornerstone of this book is its organization. The text groups material into conceptual frameworks that promote understanding and retention. For example, rather than consider the various dispute resolution fora in isolation, Part Two asks students to consider them in the context of what types of disputes arise and what legal rules can be employed to resolve them in various international and domestic fora. The institutions also are presented in chronology. In this way, students are encouraged to chart the developmental progression and to make connections and comparisons between various institutions. The use of conceptual frameworks continues within each part. For example, Chapter Six covers the sovereign State as a conflict resolution forum. Under this umbrella, the author discusses (a) State Jurisdiction; (b) The Reception of International Law into the Domestic Sphere; (c) The Qualification as a State Forum or State Litigant (i.e., Recognition of States & Governments); and (d) Protections Afforded Within the Forum: Sovereign, Diplomatic, and Consular Immunity. A typical coursebook might locate this material in four different chapters. The conceptual framework approach, however, allows students to see the big picture and the relationship between concepts. In addition to the frameworks, there are several other innovative pedagogical devices that support student learning. There are Foundation Questions that initially direct readers through the material and cumulatively help students confirm whether they have grasped key takeaways from each section. There also are Assessment Sets in each section, which provide students with immediate opportunities to apply material and gauge their understanding, and "Why Is This Important (a/k/a WITI Moment)" prompts designed to delve deeper into the underpinnings and consequences of various rules. Finally, there are directed reading notes before some more complex readings and margin annotations to keep readers oriented. (shrink)

Since it was first proposed by Moses, Shoham, and Tennenholtz, the social laws paradigm has proved to be one of the most compelling approaches to the offline coordination of multiagent systems. In this paper, we make four key contributions to the theory and practice of social laws in multiagent systems. First, we show that the Alternating-time Temporal Logic (atl) of Alur, Henzinger, and Kupferman provides an elegant and powerful framework within which to express and understand social laws for multiagent (...) systems. Second, we show that the effectiveness, feasibility, and synthesis problems for social laws may naturally be framed as atl model checking problems, and that as a consequence, existing atl model checkers may be applied to these problems. Third, we show that the complexity of the feasibility problem in our framework is no more complex in the general case than that of the corresponding problem in the Shoham–Tennenholtz framework (it is np-complete). Finally, we show how our basic framework can easily be extended to permit social laws in which constraints on the legality or otherwise of some action may be explicitly required. We illustrate the concepts and techniques developed by means of a running example. (shrink)

With the dramatic increase in the percentage of divorces as compared with marriages, there is urgent need for the church to reflect theologically on how it cares for divorced persons.

Law, Human Agency and Autonomic Computing interrogates the legal implications of the notion and experience of human agency implied by the emerging paradigm of autonomic computing, and the socio-technical infrastructures it supports. The development of autonomic computing and ambient intelligence âe" self-governing systems âe" challenge traditional philosophical conceptions of human self-constitution and agency, with significant consequences for the theory and practice of constitutional self-government. Ideas of identity, subjectivity, agency, personhood, intentionality, and embodiment are all central to the functioning of (...) modern legal systems. But once artificial entities become more autonomic, and less dependent on deliberate human intervention, criteria like agency, intentionality and self-determination, become too fragile to serve as defining criteria for human subjectivity, personality or identity, and for characterizing the processes through which individual citizens become moral and legal subjects. Are autonomic âe" yet artificial âe" systems shrinking the distance between (acting) subjects and (acted upon) objects? How âe~distinctively humanâe(tm) will agency be in a world of autonomic computing? Or, alternatively, does autonomic computing merely disclose that we were never, in this sense, âe~humanâe(tm) anyway? A dialogue between philosophers of technology and philosophers of law, this book addresses these questions, as it takes up the unprecedented opportunity that autonomic computing and ambient intelligence offer for a reassessment of the most basic concepts of law. (shrink)

Currently, the dominant enforcement paradigm is based on the idea that states deal with 'bad people' - or those pursuing their own self-interests - with laws that exact a price for misbehavior through sanctions and punishment. At the same time, by contrast, behavioral ethics posits that 'good people' are guided by cognitive processes and biases that enable them to bend the laws within the confines of their conscience. In this illuminating book, Yuval Feldman analyzes these paradigms and provides a (...) broad theoretical and empirical comparison of traditional and non-traditional enforcement mechanisms to advance our understanding of how states can better deal with misdeeds committed by normative citizens blinded by cognitive biases regarding their own ethicality. By bridging the gap between new findings of behavioral ethics and traditional methods used to modify behavior, Feldman proposes a 'law of good people' that should be read by scholars and policymakers around the world. (shrink)

This essay concerns two forms of moral non-naturalism according to which general moral principles or laws enter into the grounding explanations of particular moral facts. According to bridge-law non-naturalism, the laws are themselves partial grounds of the moral facts; whereas according to grounding-law non-naturalism, the laws explain the grounding connections that obtain between particular natural facts and particular moral facts. I pose and develop an objection to BLNN concerning moral worth: as compared to GLNN, BLNN has trouble accommodating the common (...) intuition that actions performed out of motivation for rightness de dicto are, at least in paradigm cases, deficient in their moral worth as compared to those performed out of motivation for rightness de re. After presenting the moral worth objection to BLNN, I respond to a possible defense of the view and explain why GLNN is not itself imperiled by an analogous objection. I finally argue that in light of the moral worth objection, a purported analogy between the law and morality fails to give us any reason to prefer BLNN to GLNN. I conclude that non-naturalists who accept the existence of general and explanatory moral principles should adopt GLNN rather than BLNN. (shrink)

The purpose of this paper is not to define civil disobedience, but to identify a paradigm case of civil disobedience and the features exemplified in it. After noting the benefits of this methodological approach, the paper proceeds with an examination of two key, interconnected features: conscientiousness and communication. First, a link is made between the conscientious aspect of civil disobedience and moral consistency; a civil disobedient demonstrates a conscientious commitment to certain values through her willingness to condemn, and to (...) dissociate herself from, governmental decisions that violate those values. A parallel is then drawn between the communicative aspect of civil disobedience and the communicative aspect of lawful punishment by the state. Both practices are associated with an aim to demonstrate protest against certain types of conduct and an aim to bring about a change in that conduct. In paradigm situations, a civil disobedient aims to lead policymakers not only to reform existing law, but also to internalise her objections so as to produce a lasting change in the law. Having such aims places some constraints upon the modes of communication that she reasonably may use to achieve these aims. This paper concludes by considering three controversial modes of communication -- coercion, publicity and violence. (shrink)

Law, Human Agency and Autonomic Computing interrogates the legal implications of the notion and experience of human agency implied by the emerging paradigm of autonomic computing, and the socio-technical infrastructures it supports. The development of autonomic computing and ambient intelligence âe" self-governing systems âe" challenge traditional philosophical conceptions of human self-constitution and agency, with significant consequences for the theory and practice of constitutional self-government. Ideas of identity, subjectivity, agency, personhood, intentionality, and embodiment are all central to the functioning of (...) modern legal systems. But once artificial entities become more autonomic, and less dependent on deliberate human intervention, criteria like agency, intentionality and self-determination, become too fragile to serve as defining criteria for human subjectivity, personality or identity, and for characterizing the processes through which individual citizens become moral and legal subjects. Are autonomic âe" yet artificial âe" systems shrinking the distance between (acting) subjects and (acted upon) objects? How âe~distinctively humanâe(tm) will agency be in a world of autonomic computing? Or, alternatively, does autonomic computing merely disclose that we were never, in this sense, âe~humanâe(tm) anyway? A dialogue between philosophers of technology and philosophers of law, this book addresses these questions, as it takes up the unprecedented opportunity that autonomic computing and ambient intelligence offer for a reassessment of the most basic concepts of law. (shrink)

A daring marriage of philosophical theory and practical politics, this collection is the first of Gianni Vattimo's many books to combine his intellectual pursuits with his public and political life. Vattimo is a paradoxical figure, at once a believing Christian and a vociferous critic of the Catholic Church, an outspoken liberal but not a former communist, and a recognized authority on Nietzsche and Heidegger as well as a prominent public intellectual and member of the European parliament. Building on his unique (...) position as a philosopher and politician, Vattimo takes on some of the most pressing questions of our time: Is it still possible, long after Nietzsche proclaimed the death of God, to talk of moral imperatives, individual rights, or political freedom? Are these values still relevant in today's world? Tackling these crucial issues, Gianni Vattimo argues that nihilism is not the absence of meaning but a recognition of a plurality of meanings; it is not the end of civilization but the beginning of new social paradigms. Commonly associated with the pessimistic belief that all of existence is meaningless, nihilism, as a philosophical principle, is far less sensational -- it is the ethical doctrine that there are no moral absolutes or infallible natural laws, that "truth" is inescapably subjective. Because the conditions for equality and liberty are not "naturally" given, society must actively create these ideals or it will inevitably fall prey to irrationality, prejudice, and oppression. Vattimo contends that the infighting, timidity, and confusion that have overtaken contemporary liberal thought and politics are the products a prolonged and indulgent mourning over the loss of the transcendental father figure -- any institution or power structure that defines truth, knowledge, and reality. Until humanity overcomes its need for external authority -- whether it be organized religion, the nation-state, or free-market capitalism -- emancipation will remain unattainable. Collecting fourteen of Vattimo's most influential essays on ethics, politics, and law, _Nihilism and Emancipation_ is a provocative reevaluation of meaning, values, and the idea of freedom in Western culture. (shrink)

Since it was first proposed by Moses, Shoham, and Tennenholtz, the social laws paradigm has proved to be one of the most compelling approaches to the offline coordination of multiagent systems. In this paper, we make four key contributions to the theory and practice of social laws in multiagent systems. First, we show that the Alternating-time Temporal Logic (atl) of Alur, Henzinger, and Kupferman provides an elegant and powerful framework within which to express and understand social laws for multiagent (...) systems. Second, we show that the effectiveness, feasibility, and synthesis problems for social laws may naturally be framed as atl model checking problems, and that as a consequence, existing atl model checkers may be applied to these problems. Third, we show that the complexity of the feasibility problem in our framework is no more complex in the general case than that of the corresponding problem in the Shoham–Tennenholtz framework (it is np-complete). Finally, we show how our basic framework can easily be extended to permit social laws in which constraints on the legality or otherwise of some action may be explicitly required. We illustrate the concepts and techniques developed by means of a running example. (shrink)

"This book explores the relation between two key paradigms in the contemporary discourse on justice. Partly inspired by the debate between Nancy Fraser and Axel Honneth, it investigates whether the two paradigms, redistribution and recognition, are complementary, mutually exclusive, insufficient or essentially inadequate accounts of justice. Combining insights from the traditions of critical social theory and analytical political philosophy, the volume offers a multifaceted exploration of this incredibly inspiring conceptual couple from a plurality of perspectives. The chapters engage with concepts (...) such as universal basic income, property-owning democracy, poverty, equality, self-respect, pluralism, care, and work, all of which have an impact on citizens' recognition as well as on distributive policies. An important contribution to the field of political and social philosophy, the volume will be useful to scholars and researchers of politics, law, human rights, economics, social justice, as well as policymakers"--. (shrink)

La 4e de couverture indique : "The author introduces the reader to reasoning in law through the possilities, boundaries and traps of assuming personal responsibility and impersonal pattern adoption that have arisen in the history of human thought and in the various legal cultures. He discloses actual processes hidden by the veil of patterns followed in thinking, processes that we encounter both in our conceptual-logical quests for certainties and in the undertaking of fertilising ambiguity. When trying to identify definitions lurking (...) behind the human construct of facts, nitons, norms, logic, and thinking, or behind the practice of giving meanings, he discovers tradition in our presuppositions, and our world-view and moral stance in our tacit agreements. Recognising the importance of the role communication plays in shaping society, he describes our existence and institutions as self-regulating processes. Since law is a wholly social venture, we not only take part in its oeuvre with our entire personality, but are also collectively responsible for its destiny. In the final analysis, anything can be qualified as 'legal' or 'non-legal' in one or another recognised sense in which law can originate, but, as a relative totality, it can only be qualified as 'more legal' or 'less legal' in any combination of the above senses. Being formed in an uninterrupted process, neither the totality nor particular pieces of law can be taken as complete or unchangeably identical with itself. Therefore law can only be identified through its motions and computable states of 'transforming into' or 'withdrawing from' the distinctive domain of the law. Thereby both society at large and its legal professionals actually contribute to -by shaping incessantly- what presents itself as ready-to-take, according to the law's official ideology. For our initation, play, role-undertaking and human responsibility lurk behind the law's formal mask in the backstage. Or, this equals to realise that all we have become subjects from mere objects, actors from mere addressees. And despite the variety of civilisational overcoasts, the entire culture of law is still exclusively inherent in us who experience it day to day. We bear it and shape it. Everything coventional in it is convenctionalised by us. It has no further existence or effect bexond this. And with its existence inherent in us, we cannot convey the responsibility to be born for it on somebody else either. It is ours in its totality so much that it cannot be torn out of our days or acts. It will thus turn into what we guard it to become. Therefore we must take care of it at all times since we are, in many ways, taking care of our own". (shrink)

The paper makes a case for the new paradigm of freedom which has been elaborated by thinkers such as Cornelius Castoriadis and Michel Foucault. In response to the critique of the subject, freedom is construed now as limited and agonistic, calling for an ongoing struggle against various constraints. But this idea is coupled with a heightened appreciation of contingency and creativity. Individuals can bring new possibilities into existence, which go beyond any predefined alternatives. The paper argues that this is (...) a tenable and empowering figure of freedom which overcomes the deficiencies of earlier modern views. Essentialist notions, which can be found in Kant and Marx, contract freedom by tying it down to unchanging universal laws and definite conditions of realization, while alternative accounts of negative liberty fail to address the constrained nature of human agency. (shrink)

Rosenberg applies current thinking in philosophy of science to neoclassical economics in order to assess its claims to scientific standing. Although philosophers have used history and psychology as paradigms for the examination of social science, there is good reason to believe that economics is a more appropriate subject for analysis: it is the most systematized and quantified of the social sciences; its practitioners have reached a measure of consensus on important aspects of their subject; and it encompasses a large number (...) of apparently law-like propositions. (shrink)

Ecology's reputation as a holistic science is partly due to widespread misconceptions of its nature as well as shortcomings in its methodology. This article argues that the pursuit of empirical laws of ecology can foster the emergence of a more unified and predictive science based on complementary modes of explanation. Numerical analyses of population dynamics have a distinguished pedigree, spatial analyses generate predictive laws of macroecology, and physical analyses are typically pursued by the ecosystem paradigm. The most characteristically ecological (...) laws, however, are found in biotic analyses in the functional trait paradigm. Holistic credentials for ecology may thus be restored on two bases: its accommodating complementary modes of analysis and explanation, and its having some laws within the least reductionistic mode consistent with its subject matter. These claims, grounded in the aspectual theory of Herman Dooyeweerd, lead to some suggestions for enhancing the versatility and usefulness of ecology—and other sciences—by balancing different research paradigms under a holistic vision. (shrink)

A daring marriage of philosophical theory and practical politics, this collection is the first of Gianni Vattimo's many books to combine his intellectual pursuits with his public and political life. Vattimo is a paradoxical figure, at once a believing Christian and a vociferous critic of the Catholic Church, an outspoken liberal but not a former communist, and a recognized authority on Nietzsche and Heidegger as well as a prominent public intellectual and member of the European parliament. Building on his unique (...) position as a philosopher and politician, Vattimo takes on some of the most pressing questions of our time: Is it still possible, long after Nietzsche proclaimed the death of God, to talk of moral imperatives, individual rights, or political freedom? Are these values still relevant in today's world? Tackling these crucial issues, Gianni Vattimo argues that nihilism is not the absence of meaning but a recognition of a plurality of meanings; it is not the end of civilization but the beginning of new social paradigms. Commonly associated with the pessimistic belief that all of existence is meaningless, nihilism, as a philosophical principle, is far less sensational -- it is the ethical doctrine that there are no moral absolutes or infallible natural laws, that "truth" is inescapably subjective. Because the conditions for equality and liberty are not "naturally" given, society must actively create these ideals or it will inevitably fall prey to irrationality, prejudice, and oppression. Vattimo contends that the infighting, timidity, and confusion that have overtaken contemporary liberal thought and politics are the products a prolonged and indulgent mourning over the loss of the transcendental father figure -- any institution or power structure that defines truth, knowledge, and reality. Until humanity overcomes its need for external authority -- whether it be organized religion, the nation-state, or free-market capitalism -- emancipation will remain unattainable. Collecting fourteen of Vattimo's most influential essays on ethics, politics, and law, _Nihilism and Emancipation_ is a provocative reevaluation of meaning, values, and the idea of freedom in Western culture. (shrink)