Despite the long history of beliefs about the therapeutic properties of work for people with mental ill health, rarely has therapeutic work itself been a focus for historical analysis. In this article, the development of a therapeutic work ethic (1813—1979) is presented, drawing particular attention to the changing character and quality of beliefs about therapeutic work throughout time. From hospital factories to radical ‘antipsychiatric’ communities, the article reveals the myriad forms of activities that have variously been considered fit work for (...) people with mental health problems. While popular stereotypes of basket-weaving paint a hapless portrait of institutional work, a more nuanced reading of therapeutic work and its political and philosophical commitments is advanced. The article concludes by arguing that the non-linear and inherently contested development of therapeutic work is less the effect of paradigmatic shifts within the therapeutic professions, but rather evidence of a broader human struggle with work. (shrink)

The second edition of Doing Ethics in Media continues its mission of providing an accessible but comprehensive introduction to media ethics, with a theoretical grounding in moral philosophy, to help students think clearly and systematically about dilemmas in the rapidly changing media environment. Each chapter highlights specific considerations, cases, and practical applications for the fields of journalism, advertising, digital media, entertainment, public relations, and social media. Six fundamental decision-making questions - the "5Ws and H" around which the book (...) is organized - provide a path for students to articulate the issues; understand applicable law and ethics codes; consider the needs of stakeholders; work through conflicting values; integrate philosophic principles; and pose a "test of publicity." Students are challenged to be active ethical thinkers through the authors' reader-friendly style and use of critical early-career examples. While most people will change careers several times during their lives, all of us are life-long media consumers, and Doing Ethics in Media prepares readers for that task. Doing Ethics in Media is aimed at undergraduate and graduate students studying media ethics in mass media, journalism, and media studies. It also serves students in rhetoric, popular culture, communication studies, and interdisciplinary social sciences. The book's companion website-doingethicsin.media, or www.doingmediaethics.com-provides continuously updated real-world media ethics examples and collections of essays from experts and students. The site also hosts ancillary materials for students and for instructors, including a test bank and instructor's manual. (shrink)

Health and health care are vitally important to all of us, and academic interest in the law regulating health has, over the last 50 years, become an important field of academic study. An analysis of the development of, changes in, and scope of Health Law and Ethics to date, is both timely and of interest to students and scholars alike, along with an exploration of its likely future development. This work brings together contributions from leading and emerging scholars in (...) the field. Each contributor has been invited to select and analyse a 'leading work', which has for them shed light on the way that Health Law and Ethics has developed. The chapters are both autobiographical, reflecting upon the works that have proved significant to contributors, and also critical analyses of the current state of the field. This collection also includes a specially written Introduction and Conclusion, which critically reflect upon the development of Health Law and Ethics and its likely future developments in the light of the reflections by contributors on their chosen leading works. The book will be of interest to students, teachers and researchers in Health Law and Ethics, as it provides critical discussions and assessments of some of the leading scholarship in the field. (shrink)

Following surveys identifying the need for ongoing learning in relation to law and ethics amongst health professionals, the Law and Ethics Education and Development initiative was launched. This was a programme of education designed for, and delivered to, health professionals working within the National Health Service , UK, with the added value of multiprofessional learning amongst colleagues from a single institution. The initiative was funded by the NHS Executive and provided for two lecturers to work for three years (...) within the northwest region. The lecturers, an academic lawyer based at the University of Liverpool, and an ethicist based at the University of Manchester worked in collaboration through the auspices of the Institute of Medicine Law and Bioethics. A central …. (shrink)

Rarely in the short history of liberal-democratic government has a primer on basic liberal-democratic values and institutions been more needed than now. Popular discontent, even anger, with democratic governments has grown steadily over the past twenty years. And not since the 1930s have citizens and their elected officials been so baffled about their respective roles in the maintenance of both democratic governments and liberal economies. This book attempts to address this growing need. Especially written as a primer for courses (...) in Philosophy, Politics and Economics (PPE), it has introductory chapters on all three main disciplines. It also has chapters on the rule of law and on three important public-policy areas: Corruption, Climate, and Civil Society. Individual topics discussed include free and fair elections, populism, responsible government, republican and Westminster systems of government, regulated free markets, the Great Recession of 2008, globalization, greenwashing, identity politics, academic freedom, utilitarianism, social contract theory, positive and negative liberty, and the good life. Historically informed, The Ethics and Economics of Liberal Democracies: Foundations for PPE is sure to be of interest to students who are interested in public-policy work, as well as those who are interested in both the theory and practice of democratic government. (shrink)

This valuable resource provides academic and student affairs practitioners with the tools to make informed legal and ethical decisions in their college and university contexts. Law is constantly changing and is interpreted differently from campus to campus based on institutional culture and history. This text provides higher education practitioners with tools to anticipate practical and responsible action, engaging readers in anticipatory and reflective practice. In this text, Boettcher and Salinas introduce the Institutional Intelligence Model, a helpful framework that guides practitioners (...) in examining a wide variety of campus issues. Throughout the book, readers can explore perspectives from current practitioners and utilize case studies to examine specific topics including admissions, academics, student living, confidential resources, and graduate student experiences. By using the strategies in this book, practitioners will be equipped to successfully navigate legal and ethical issues on their campuses. This text is ideal for graduate students, student and academic affairs professionals, and those in leadership positions responsible for working with and supporting students and staff teams. (shrink)

To what extent should parents be able to choose the kind of child they have? The unfortunate phrase 'designer baby' has become familiar in debates surrounding reproduction. As a reference to current possibilities the term is misleading, but the phrase may indicate a societal concern of some kind about control and choice in the course of reproduction. Typically, people can choose whether to have a child. They may also have an interest in choosing, to some extent, the conditions under which (...) they do so, such as whether they have a child with a serious disability or disease. The purpose of this book is to explore the difficult and controversial question of the appropriate ethical and legal extent of reproductive autonomy in this context. The book examines ethical, legal and public policy issues in prenatal screening, prenatal diagnosis (PND), selective abortion and preimplantation genetic diagnosis (PGD). It explores the ethics of these selection practices and the ability of current ethical guidelines and legal mechanisms, including the law on selective abortion and wrongful birth, to deal with advances in genetic and other knowledge in these areas. Unlike in the United States, in England the relevant law is not inherently rights-based, but the impact of the Human Rights Act 1998 inevitably raises questions about the proper scope of reproductive autonomy in this context. The implications of the analysis are considered for the development of relevant law, public policy and ethical guidelines and will be of interest to academics in medical law and ethics, health professionals, lawyers, those working on public policy and students with an interest in these issues. (shrink)

Social welfare workers in the protective services field—among them social workers, psychologists, and psychiatrists—are expected to follow the laws of the state in which they practice, but are also bound by their professional code of ethics. Often this does not present a problem, but at times ethical and legal expectations differ. This is particularly problematic where the professionals may be seen as agents of control, reporting possible child abuse, conducting child abuse investigations, inspecting homes, monitoring families, removing children from (...) their homes and the like, often working with or reporting to law enforcement agents where expectations are different and codes of ethics absent. This paper explores the relationship between law and professional ethics, and, in particular, situations in which actions and decisions can be legal yet unethical or ethical but yet illegal. It then analyzes some critical child protective service activities where Child Protective Services (CPS) workers exert significant control over parents and children, and where the legal and ethical requirements may differ. Finally, the paper discusses the problems that CPS professionals face when law and ethics collide, and suggests various steps to resolve some of these conflicts. (shrink)

In discussing methodological and ethical codes for working with children there is a danger that young people can become homogenised as a social category. In this paper we examine the way in which common methodological and ethical dilemmas, such as accessing potential interviewees or gaining consent, can become more complex and significant when the research involves work with a 'vulnerable' group of children or youth. Here, we draw on our own experience of working with self-identified lesbian and gay young people, (...) to demonstrate that research with sexual minorities is particularly sensitive because of the specific laws which frame (or until recently have framed) homosexuality and because of the way in which children are popularly constructed as asexual or innocent. In doing so we also highlight the importance of finding a safe space where interviews can be conducted in privacy and confidence. (shrink)

How do journalists sort out the tangle of legal rights and ethical responsibilities in their everyday news work? A survey of 1,037 journalists and in-depth interviews with 22 others, found substantial evidence for 3 models of the relation of law and ethics: a Separate Realms model, a Correspondence model, and a new "Responsibility Model" in which the law is considered in problematic situations but only as one of several considerations in what is essentially an ethical decision. The findings have (...) implications for the maintenance of generous levels of First Amendment freedom news media currently enjoy. (shrink)

In a clear and accessible way, the author highlights the relationship between law and ethics explaining how, if and when they overlap and how they diverge. Written in a non-technical, comprehensible and concise style, this topical text presents information and then encourages the reader to work through the differences and similarities between law and ethics. It teases out comparisons and examines how the 'moral' approach differs from the 'legal' one. Case studies at the beginning of each chapter demonstrate (...) scenarios that health professionals may face in day-to-day practice. These are then developed with a theoretical discussion of the legal and ethical issues they reflect. (shrink)

This interdisciplinary collection presents valuable discourse and reflection on the nature of a good death. Bringing together a leading judge and other legal scholars, philosophers, social scientists, practitioners and parents who present varying accounts of a good death, the chapters draw from personal experience as well as policy, practice and academic analysis.Covering themes such as patients' rights to determine their own good death, considering their best interests when communication becomes difficult and the role and responsibilities of health professionals, the book (...) outlines how ethical healthcare might be achieved when dealing with assisted suicide by organizations and how end of life services in general might be improved. It will be of interest to students and academics working the area of medical law and ethics as well as health professionals and policy-makers. (shrink)

This article seeks to identify a 'problem' in the interaction between medical law and ethics, which is that neither fully appreciates how the other works. In particular, it argues that medical law has not only failed to formulate a consistent conception of the role that medical ethics performs, but it does not adequately differentiate between categories of medical ethics discourse. Consequently, the ethical content of a case, if identified at all, will not be dealt with in (...) a consistent manner. The article further argues that medical ethics does not recognize the power that law gives to it, and that the result is a regulatory vacuum. It then uses the findings of the Bristol Royal Infirmary Report to demonstrate, by analogy, how this may lead to problems. (shrink)

Legal and ethical issues arise for clinicians working with female clients who are survivors of domestic violence and who have children. Statistics indicate that children of 30%-80% of such women are also abused. Disclosure by an abused woman of concurrent child abuse creates an ethical dilemma for the clinician involving adherence to mandatory reporting laws and the ethical duty to protect vs. ethical issues of confidentiality and respect for client autonomy. Potential resolution of this dilemma incorporates core tenets of feminist (...) theory. A hypothetical scenario illustrating the ethical dilemma is provided, and some practical guidelines for its resolution, although not yet empirically tested, are outlined. (shrink)

Work by Sales and Lavin has suggested that it is possible to improve the moral and ethical thinking of psychologists. In particular, moral and ethical thinking by psychologists could be improved if psychologists learned to use defensible moral metrics. The usefulness of formal training in ethics and morality, with the implicit condemnation of the moral metrics that might be taught in such training, has been challenged by writers such as Justice Holmes. He has alleged that professionals learn how to (...) behave in their professional roles by practicing them. A variety of problems are noted with Holmes' view. Further, psychologists cannot rely on expert advice from Institutional Review Boards or Ethics Committees, even if they wished to do so. Institutional Review Boards, and by implication Ethics Committees, have serious deficiencies. However, psychologists can make considerable progress in their moral and ethical thinking, if they distinguish ethics from morality and also notice the similarities between moral thinking and scientific thinking and theorizing. A controversy over the recovered-memory therapy is employed to illustrate some of these distinctions and similarities. The argument continues by developing two moral metrics. The first begins with ethics and culminates in moral appraisal. The second makes moral appraisal an earlier step than ethical appraisal. With these metrics described, it is then noted that a popular metric in psychology, that of Koocher and Keith-Spiegel, is inadequate. It is then shown that the two moral metrics earlier described are reasonably believed to be adequate. The adequacy of one of them is directly illustrated with an example involving the question of whether persons with serious mental illnesses should be allowed to enter into contracts that would relax the criteria for their involuntary hospitalization and treatment. It is concluded that teachable, intellectually defensible moral metrics are possible, and that their use would improve the moral and ethical thinking of psychologists. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

This book explores the scope, application and role of medical law, regulatory norms and ethics, and addresses key challenges introduced by contemporary advances in biomedical research and healthcare. While mindful of national developments, the handbook supports a global perspective in its approach to medical law. Contributors include leading scholars in both medical law and ethics, who have contributed specially commissioned pieces in order to present a critical overview and analysis of the current state of medical law and (...) class='Hi'>ethics. Each chapter offers comprehensive coverage of longstanding and traditional topics in medical law and ethics, and offers dynamic insights into contemporary and emerging issues in this heavily debated field. Topics covered include: Bioethics, health and human rights Medical liability Law and emerging health technologies Public health law Personalized medicine The law and ethics of access to medicines in developing countries Medical research in the genome era Emerging legal and ethical issues in reproductive technologies This advanced level reference work will prove invaluable to legal practitioners, scholars, students and researchers in the disciplines of law, medicine, genetics, dentistry, theology, and medical ethics. (shrink)

This is a philosophical study by a group of scholars from Malawi on issues related to ethics. The author deals such issues as corruption/anti-corruption; political leadership and ethical transformation; economic ethics and free market; law and ethics; African traditional ethics--ubuntu; African work ethics, education and ethics; popular music and ethics; journalism ethics; technology and ethical implication; etc.

This timely work brings together a group of the nation's leading experts in genetics, medicine, history of science, health, law, philosophy of science, and medical ethics to assess the current state of modern human genetics, and to begin to chart the legal and ethical guidelines needed to prevent the misuse of human genetics from leading to the abuse of human beings. The six sections of the book, read together, map the social policy con tours of modern human genetics. The (...) first part describes the science of the Human Genome Project. The second addresses specific social policy implications, including the relevance of recombinant DNA history, the eugenics legacy, military applications, and issues of race and class in the context of genetic discrimination. Broader philosophical issues, including reductionism and determinism, the concept of disease, and using germline gene therapy to "improve" human beings are discussed in the third part. (shrink)

Furthering an integrative ethics-as-practice framework, this paper explores the professional practices, self-understanding and ethics of lawyers working in the Germanic legal context. Existing studies of the legal profession often argue that changing conditions in law have led to a ‘constrained morality’ and an ‘erosion of ethos’ among lawyers. While the current study acknowledges shifts in lawyers’ ethos, it challenges the claim of an erosion or ‘lack’ of morality. The narratives of the interviewed practitioners rather suggest that socio-discursively constituted (...) professional practices, identity and ethics are complex and contingent. Focusing on the ‘moral rules in use’ and how lawyers negotiate ethical matters ‘from within’ evokes ongoing ambiguities and struggles inscribed in ethical (self-)positions, pointing, as such, to the limits of assessing lawyers’ conduct as ‘ethical’ or ‘unethical’. The study thereby extends both normative and practice-based business and professional ethics studies. (shrink)

Wives and Work: Islamic Law and Ethics before Modernity. By Marion Holmes Katz. New York: Columbia University Press, 2022. Pp. viii + 320. $140, £108 (cloth); $35, £28 (paper).

This book offers a series of original essays by an international group of scholars whose work looks comparatively at law's attempts to deal with the past.

Healthcare Ethics, Law and Professionalism: Essays on the Works of Alastair V Campbell features 15 original essays on bioethics, and healthcare ethics specifically. The volume is in honour of Professor Alastair V Campbell, who was the founding editor of the internationally-renowned Journal of Medical Ethics, and the founding director of three internationally leading centres in bioethics, in Otago, New Zealand, Bristol, UK, and Singapore. Campbell was trained in theology and philosophy and throughout his career worked with (...) colleagues from various disciplines, including law and various branches of healthcare. The diversity of topics and depth of contributors' insights reflect the breadth and impact of Campbell's philosophical work and policy contributions to healthcare ethics. Throughout his long academic career, Campbell's emphasis on healthcare ethics being practice-oriented, yet driven by critical reflection, has shaped the field in vital ways. The chapters are authored by leading scholars in healthcare ethics and law. Directly engaging with Campbell's work and influence, the essays discuss essential questions in healthcare ethics relating to its methodology and teaching, its intersection with law and policy, medical professionalism, religion, and its translation in different cultural settings. Chapters also grapple with specific enduring topics, such as the doctor-patient relationship, justice in health and biomedical research, and treatment of the human body and the dead. (shrink)

This chapter examines the limitations of both command-and-control and market-based legal mechanisms in the pursuit of environmental justice. If the environment is to be protected to at least a minimally acceptable degree, approaches that focus on the coercive force of the state must be complemented by the development of an “ecological ethos,” whereby groups and individuals are motivated to act with non-self-interested concern for the environment. The need for this ethos means that the state is dependent on the cooperation of (...) a wide range of non-state actors. Recent work on environmental governance emphasizes the delegation of aspects of governing to such actors and supports efforts to increase popular participation in governmental processes. The chapter therefore advocates a governance approach that seeks to rectify some of the limitations of state-led environmental law, while encouraging popular participation in a way that can encourage the development of an ecological ethos among the citizenry. (shrink)

Public health ethics is emerging as a new field of inquiry, distinct not only from public health law, but also from traditional medical ethics and research ethics. Public health professional and scholarly attention is focusing on ways that ethical analysis and a new public health code of ethics can be a resource for health professionals working in the field. This article provides a preliminary exploration of the ethical issues faced by public health professionals in day-to-day practice (...) and of the type of ethics education and support they believe may be helpful. (shrink)

Public health ethics is emerging as a new field of inquiry, distinct not only from public health law, but also from traditional medical ethics and research ethics. Public health professional and scholarly attention is focusing on ways that ethical analysis and a new public health code of ethics can be a resource for health professionals working in the field. This article provides a preliminary exploration of the ethical issues faced by public health professionals in day-to-day practice (...) and of the type of ethics education and support they believe may be helpful. (shrink)

Recent advances in genetic engineering nowallow the design of programmable biologicalartifacts. Such programming may include usageconstraints that will alter the balance ofownership and control for biotechnologyproducts. Similar changes have been analyzedin the context of digital content managementsystems, and while this previous work is usefulin analyzing issues related to biologicalprogramming, the latter technology presents new conceptual problems that require morecomprehensive evaluation of the interplaybetween law and technologically embeddedvalues. In particular, the ability to embedcontractual terms in technological artifactsnow requires a re-examination of (...) disclosure andconsent in transactions involving such artifacts. (shrink)

The first part of Immanuel Kant's Metaphysics of Morals , Rechtslehre , has usually been discussed as a political treatise. But there are parallels between law and ethics in Kant; lawgiving in either realm is a combination of precept and incentive. In works that present his core moral philosophy of inner freedom, this freedom is an internal ethical freedom based on an underlying purely moral incentive, whose adequacy is a transcendental assumption of this part of Kant's moral philosophy. (...) But this inner freedom is paralleled by Kant's account of external freedom, where our external rights, including rights to property, are secured based on the deterrent effect of punishment under criminal law for violations of the rights of others. When we look at the Rechtslehre thus as part of Kant's practical philosophy we notice: Kant's view is that the validity of a legal precept entails an adequate incentive for acting in accord with the precept. The scope of law, and hence of imputation under law, is limited in various ways by the reach of the external incentives of deterrence, including actions based on a so-called "right of necessity." There are parallels between Kant's arguments for extending the categorical imperative as a principle for the use of our freedom to ends in the Tugendlehre and to objects in the Rechtslehre . Kant's theory of punishment, though retributivist in how it assigns appropriate punishment, is teleological/deterrent in providing incentives for not violating positive laws. Der erste Teil in Kants Werk Die Metaphysik der Sitten , die Rechtslehre , wird üblicherweise als eine politische Abhandlung diskutiert. Aber es gibt Parallelen zwischen Recht und Ethik bei Kant. Gesetzgebung ist in beiden Bereichen eine Kombination von Gesetz und Triebfeder. In den Arbeiten, die das eigentliche Herzstück von Kants Tugendlehre behandeln, ist die Freiheit eine innere ethische Freiheit, die auf einer rein moralischen Triebfeder basiert, deren Angemessenheit und Zulänglichkeit eine transzendentale Annahme dieses Teils von Kants Moralphilosophie ist. Die innere Freiheit hat jedoch eine Parallele in Kants Darstellung der äußeren Freiheit. Hier geht es um die Sicherung unserer äußeren Rechte, einschließlich des Rechts auf Eigentum, durch den Abschreckungseffekt einer Strafe für die Verletzung der Rechte Anderer. Wenn wir die Rechtslehre gerade als Teil von Kants praktischer Philosophie verstehen, dann stellen wir fest: Kant geht davon aus, daß gültige juridische Normen stets ausreichende Triebfedern dafür enthalten, daß unser Handeln diesen Normen entspricht. Der Bereich des Rechts, und damit auch der Zurechnung unter Rechtsgesetzen, wird auf unterschiedliche Weise von der Wirksamkeit äußerer Triebfedern zur Abschreckung begrenzt. Das gilt auch für Handlungen, die auf dem sogenannten "Notrecht" beruhen. Zwischen Kants Argumenten in der Tugendlehre für die Erweiterung des kategorischen Imperativs als eines Prinzips für den Gebrauch unserer Freiheit durch die Annahme, daß es Zwecke gibt, die zugleich Pflicht sind, und dem Argument in der Rechtslehre für die Notwendigkeit der Anerkennung von Eigentumsrechten bestehen signifikante Parallelen. Kants Theorie der Strafe ist, obwohl vergeltungstheoretisch mit Blick auf die Frage der Angemessenheit einer Strafe, jedenfalls auch teleologisch/abschreckungstheoretisch konzipiert, nämlich insoweit, als die Androhung von Strafen Triebfedern für die Befolgung der positiven Rechtsgesetze bereitstellt. (shrink)

Collects ten essays on Germain Grisez's writings. Topics include the scriptural basis of Grisez's revision of moral theology, contraception, Grisez's metaphysical work, capital punishment, and the political common good in Aquinas. The book includes a response by Grisez and Joseph Boyle, Jr. to the e.

Excerpt from Science and Ethics: Being a Series of Six Lectures Delivered Under the Auspices of the Natural Law Research League And abroad (germany, France, America, but although within the circumscribed limits of these lectures I have not. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format (...) whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

Biobank research and genomic information are changing the way we look at health and medicine. Genomics challenges our values and has always been controversial and difficult to regulate. In the future lies the promise of tailored medical treatments and pharmacogenomics but the borders between medical research and clinical practice are becoming blurred. We see sequencing platforms for research that can have diagnostic value for patients. Clinical applications and research have been kept separate, but the blurring lines challenges existing regulations and (...) ethical frameworks.Then how do we regulate it? This book contains an overview of the existing regulatory landscape for biobank research in the Western world and some critical chapters to show how regulations and ethical frameworks are developed and work. How should international sharing work? How design an ethical informed consent? An underlying critique: the regulatory systems are becoming increasingly complex and opaque. The international community is building systems that should respond to that. According to the authors in fact, it is time to turn the ship around. Biobank researchers have a moral responsibility to look at and assess their work in relation to the bigger picture: the shared norms and values of current society. Research ethics shouldn't only be a matter of bioethicists writing guidelines that professionals have to follow. Ethics should be practiced through discourse and regulatory frameworks need to be part of that public discourse. Ethics review should be then not merely application of bureaucracy and a burden for researchers but an arena where researchers discuss their projects, receive advice and practice their ethics skills. (shrink)

While there are many legal textbooks on the laws of armed conflict and academic works on ethical issues in international relations, this is the first text on the relevance of legal and normative issues in military practice. It covers the entire spectrum of military operations and is written with military deicision-makers particularly in mind.

In lieu of an abstract, here is a brief excerpt of the content:Popular Autonomy and Imperial Power in Bartolus of Saxoferrato:An Intrinsic ConnectionFloriano Jonas CesarI. IntroductionBartolus of Saxoferrato is well known because of his ideas on the autonomy of the populus or civitas.1 He asserts that the populus can claim autonomous jurisdiction as a result not only of imperial concession but also of prescription, custom, or even eventual use on the ground of a de facto situation. Thus, the populus (...) needs no authorization from a superior, not even the emperor, to make its own laws. The idea of an autonomous populus did not originate with Bartolus, however. Marsilius of Padua had already worked out a quite developed theory about the authority of the whole body of the citizens to legislate.2 As opposed to the Aristotelian Marsilius, however, Bartolus bases his opinion about the populus essentially on the Corpus Iuris,3 though he knew at least the Politics and the Ethics too.4 What is important is not whether his knowledge of Aristotle [End Page 369] was immediate or through Giles of Rome's De Regimine Principum but that he proves his ideas basically by showing that they agree with certain authoritative texts and that he considers the Corpus Iuris, not Aristotle, as the proper authority to support his opinion on the populus.Such an emphasis on the autonomy of the civitas must not conceal the fact that, unlike Marsilius, Bartolus introduces the pope and the emperor alongside the populus as having jurisdiction of their own. Nor must the omnipresence of the Corpus Iuris hide the significance of the Bible in relation to the issue of the empire. Indeed he turns to the Scriptures not to substantiate the autonomy of the populus but to establish the divine origin of the royal (and papal) jurisdiction in general. Moreover, he uses them along with a particular interpretation of the popular origin of the empire to present the imperial jurisdiction as not subordinate to the populus.The concept of an autonomous civitas based in human premises, therefore, coexists in Bartolus with a notion of imperial power established by God, the former being inseparable from the latter, by virtue of his use of authorities. In fact Bartolus turns to the Corpus Iuris and the Scriptures not simply to illustrate but to substantiate his point of view. The authority of the Corpus Iuris, however, which supports his views on the populus, comes from the fact that emperor Justinian was its autor. But the Corpus Iuris is by the same token less authoritative than the Scriptures, whose author is God and which support the divine origin of the imperial power. Thus, working out a theory grounded on the authority of the Corpus Iuris, Bartolus also favors the base on which the imperial power was founded.The texts of interest here are the De Regimine Civitatis, De Guelphis et Gebellinis, and De Tyranno, where Bartolus more systematically presents his political ideas. In the De Regimine Civitatis he is concerned about "how many ways there are of governing a city,""which is the better way" and "which is the worst."5 The De Guelphis et Gebellinis treats both old and "recent" meanings of these nouns, whether these factions are licit, and the criteria to prove to which one belongs. At last the De Tyranno explains the origin of the word and the characteristics of the tyrant. Having discussed if there can be tyrant in a neighbourhood, household, and city, Bartolus divides the tyrants in the civitas into manifest, concealed, and tacit, and discusses whether their acts are valid. In tackling all of these issues, he turns to different sorts of proof—several authorities, including the Corpus Iuris, Scriptures, Aristotle, Giles of Rome, Gregory I, and Aquinas, as well as the jurisdictions of the populus, pope, and emperor. [End Page 370] This essay shall refer mainly to these treatises, while picking up, from other works, any additional instructive elements.Although Bartolus is particularly concerned about the de facto autonomous Italian cities in his time, his defense of their autonomy lies in arguments, and he has clear rules which define a valid form of argumentation. He generally considers that to prove a point means to show that... (shrink)

This volume forms part of a series exploring key issues in ethics, law and society, published in association with the Cardiff Centre for Ethics, Law and Society. The collection is a celebration of the approach and values embraced within previous volumes in the series. The works collectively address new technological, social, and regulatory developments and the fresh ethical dilemmas these pose, but quite critically, also compel an urgent revisiting of social and legal issues that were once the (...) subject of controversy but which have fallen out of the line of sight of academics, politicians and policy-makers. Bringing together selected papers, the editors seek to make apparent the thematic links between contributions in presenting works written by a group of international experts in response to specific ethical issues, including topics on the ethics of care, theorising ethics, body politics and governance; as such, the collection is multidisciplinary in approach, seeks to appeal to a broad audience and provides a valuable resource for all those concerned with contemporary ethical issues. This fifth and final volume bring the series to a close and is dedicated to the memory of Dr Jennifer Gunning. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Just and Unjust Peace: An Ethic of Political Reconciliation by Daniel PhilpottGlen StassenJust and Unjust Peace: An Ethic of Political Reconciliation Daniel Philpott New York: Oxford University Press, 2012. 365pp. $29.95Just and Unjust Peace deals with an important question: What does a holistic framework of justice consist of in the wake of its massive despoliation? The wounds of political injustice include the following: violation of the victim’s human (...) rights, harms to the victim’s person, the victim’s ignorance of the source and circumstances of political injustices, the lack of acknowledgment of the suffering, the standing victory of the wrongdoer’s political injustice, and harm to the person of the wrongdoer. In such situations, Philpott argues, “what the government and community withhold is... an acknowledgment not only that a victim has rights but also that his rights were violated and that he suffered because of this violation” (37).The definition of justice in this context of wounds is reconciliation. It “encompasses peace settlements, human rights, democracy, and other key goals of negative and positive peace [as well as]... a broad restoration of right relationship involving a multiplicity of practices that each redress wounds of injustice in a particular way” (48–49).Daniel Philpott affirms peace as human rights, equality, and the rule of law, plus actors and institutions like the United Nations that spread this justice. He presents a fair summary of contending positions on human rights and works to develop overlapping agreement. “What is most essential to right relationship in the political order is human rights, their popular legitimacy, and their corresponding virtues” (55). But also, “It is in redressing wrong conduct—the other dimension of justice—that political reconciliation becomes far more distinctive” (55). This requires a deeper understanding of just peacemaking with restorative justice based in Judaism, Christianity, and Islam, and in insightful assessment of the burgeoning practices of truth commissions and restorative justice in the transitions from dictatorship to democracy.Philpott’s “rooted reason” invites different religions to speak from their depths but also encourages them to speak with reasons that can convince in public discourse (18, 20). Envisioning the incorporation of reconciliation into the modern state “is the life’s work of Rabbi Marc Gopin. In today’s Middle East, [End Page 211] Gopin argues, Jews as well as Christians and Muslims cannot afford to ignore the peacebuilding potential of traditional religious concepts” (132). Philpott also exhibits sensitive understanding of Islam, asking, “Do Islamic texts and traditions contain the materials for the construction of the ethic of political reconciliation that I am proposing? Can Muslims, on the basis of their religious convictions, join in an overlapping consensus on such an ethic?” His answer is a clear yes (153).He identifies and assesses six practices of a politics of reconciliation. The first involves building socially just institutions and relations between states: “Since 1974, some ninety societies... have sought to replace dictatorships with democracies.... A similarly intense global wave of peace operations sponsored by the United Nations... has sought to foster human rights and democratic institutions in states that have seen civil war” (175–76). The second has to do with the practices of political acknowledgment of wrongs: “Human rights are the standard that gives truth commissions and other public forms of acknowledgment form and direction” (188). The third pertains to reparations, with attention to the ongoing effects of historical injustices for descendants (195 and 201). The fourth addresses judicial punishment: “In practicing judicial punishment, a state redresses the violation of the victim’s rights insofar as it expresses, reaffirms, and thereby strengthens human rights as the legally valid values of its realm or of relations between it and another state” (237). The fifth is apology: “Like all of the other practices, apologies performed in political contexts have grown in frequency” (198). Finally, there is forgiveness. “Political injustices harm victims by robbing them of their agency and of their ability to pursue their own and others’ flourishing.... Forgiveness... re-empowers the victim as agent... [and liberates] from anger and resentment” and can also lead to recognition of the victim’s suffering, and to mutual respect for human rights (266–68... (shrink)

In the past twenty years Joseph Raz has consolidated his reputation as one of the most acute, inventive, and energetic scholars currently at work in analytic moral and political theory. This new collection of essays forms a representative selection of his most significant contributions to a number of important debates, including the extent of political duty and obligation, and the issue of self-determination. He also examines aspects of the common (and ancient) theme of the relations between law and morality. This (...) volume of essays, available in one volume for the first time, will be essential to legal philosophers and political theorists. (shrink)

ECONOMICS AND LAW HAVE HISTORICALLY ATTENUATED THE CONTRIBUtion of ethics in their putative separation of fact and value. In this essay I argue that reconceptualizing the relationships between law, economics, and ethics reveals the shortcomings of positions that disavow ethics. In the first section I contend that thinkers must reread Adam Smith as an economist and a moral philosopher to appreciate his extended treatment of sympathy, conscience, and social justice. In the second section I appropriate the work (...) of Amartya Sen to examine the entanglement of fact and value in deliberating economic choices, including moral motivations and social evaluations that problematize reductive images of economic actors. Finally, I interrogate legal regulation of corporate governance with respect to the Enron scandal and the 2002 Sarbanes-Oxley Act. I argue that legal regulation is a necessary but not sufficient resolution to corporate misconduct because it too enervates ethics and bifurcates fact and value. (shrink)

Accounts of natural law moral philosophy and theology sought principles and precepts for morality, law, and other forms of social authority, whose prescriptive force was not dependent for validity on human decision, social influence, past tradition, or cultural convention, but through natural reason itself. This volume critically explores and assesses our contemporary culture wars in terms of: the possibility of natural law moral philosophy and theology to provide a unique, content-full, canonical morality; the character and nature of moral pluralism; the (...) limits of justifiable national and international policy seeking to produce and preserve human happiness, social justice, and the common good; the ways in which morality, moral epistemology, and social political reform must be set within the broader context of an appropriately philosophically and theologically anchored anthropology. This work will be of interest to philosophers, theologians, bioethicists, ethicists and political scientists. (shrink)

This volume forms part of a series exploring key issues in ethics, law and society, published in association with the Cardiff Centre for Ethics, Law and Society. The collection is a celebration of the approach and values embraced within previous volumes in the series. The works collectively address new technological, social, and regulatory developments and the fresh ethical dilemmas these pose, but quite critically, also compel an urgent revisiting of social and legal issues that were once the (...) subject of controversy but which have fallen out of the line of sight of academics, politicians and policy-makers. Bringing together selected papers, the editors seek to make apparent the thematic links between contributions in presenting works written by a group of international experts in response to specific ethical issues, including topics on the ethics of care, theorising ethics, body politics and governance; as such, the collection is multidisciplinary in approach, seeks to appeal to a broad audience and provides a valuable resource for all those concerned with contemporary ethical issues. This fifth and final volume bring the series to a close and is dedicated to the memory of Dr Jennifer Gunning. (shrink)

The Anthropocene has been observed as an opportunity to generate new legal imaginaries capable of revising incumbent assumptions of legal and political thought. What opportunities do such ambitions afford for communication between geological and legal thought? Responding to Birrell & Matthews attempt to ‘re-story a law for, rather than of, the Anthropocene,’ I wish to describe some ways in which the Anthropocene Working Group, who are pursuing formalisation of the Anthropocene as an official geological unit, are involved in a similar (...) exercise of re-storying geology. The Anthropocene theme is brought to bear as a geological reality through material practices of measurement and correlation, as well as through the invocation of previous judgements of the evaluative committees associated with the formalisation of new geological unit. This effort amounts to a redefinition of the practices of geological observation, i.e. what counts as geologically relevant and why. In keeping with the theme of an ‘ethics of encounter’, as encouraged by Birrell and Matthews, this article suggests that the AWG’s effort provides a model with which the elaboration of ‘laws for the Anthropocene’ might correspond. (shrink)

Natural Law and Natural Rights is widely recognised as a seminal contribution to the philosophy of law, and an essential reference point for all students of the subject. This new edition includes a substantial postscript by the author responding to thirty years of comment, criticism, and further work in the field.

In lieu of an abstract, here is a brief excerpt of the content:146 BOOK REVIEWS Natural Law Theory: Contemporary Essays. Edited by ROBERT P. GEORGE. Oxford: Clarendon Press, 1992. Pp. 371. $39.95 (cloth). As the editor of this volume, Robert P. George points out in his foreword that this hook is yet another manifestation of the renewed and growing interest in natural law theory. But why this recent increased interest in natural law theory? What purpose is this theory supposed to (...) serve, or in what way do its proponents see it as an improvement on existing theories? First of all, it must be noted, as the variety of essays in this volume makes abundantly clear, that natural law theory, as it is presently conceived, most certainly does not represent anything like a unified, single theory of tightly knit principles and conclusions. In the present volume one can easily see a half-dozen or more different approaches to natural law theory. So different in tone and spirit are some of the essays that one can easily wonder if they have enough in common even to classify them as " family resemblances." But if they all in their different ways do indeed evidence, as the editor claims, an increased awareness of and interest in natural law theory, the question immediately arises, why this increased interest? What problems do the advocates of these theories hope to solve by them or what questions do they think their theories will better address than the theories currently in place? First of all, one may make a division which places the theories, however divers~ among themselves, into two general groups. The first of these groups wishes natural law theory to function as a general approach to morality. For this group natural law does the work of a moral theory. In this group I would place the essays of Joseph Boyle, Robert George, Russell Bittinger, John Finnis, and Hadley Arkes (probably). The second group uses natural law theory as a way of determining the connection between moral law and positive law or legal theory. The essays of Jeffrey Stout, Neil MacCormick, Jeremy Waldron, Michael Moore, Lloyd Weinreb, Joseph Raz, and Ernest Weinrib fall into this second category. In all there are twelve essays in this volume. Space will not permit me to give a detailed analysis and critique of each. At most I can only indicate very briefly some of their more salient features. The book is divided into four parts, the first of which is titled "Natural Law, Practical Reasoning and Morality." In the very illuminating first essay of this section, "Natural Law and the Ethics of Traditions," Joseph Boyle undertakes to clarify the question of the relation of natural law theory to tradition. Certain approaches to moral theory currently popular BOOK REVIEWS 147 which are called virtues ethics, of which Alasdair Macintyre would he an example, claim that natural law theory is tradition-dependent. If Macintyre and other virtues ethicists are correct, then since natural law theory is culture-hound, and since the culture in which it was horn and flourished, medieval culture, has irretrievably retreated into the pages of history, then natural law theory is equally dead, of interest, if at all, only in an antiquarian way. Boyle carefully points out that there is more than one sense of being tradition-dependent. It is true that natural law theory is tradition-dependent in the sense that it did indeed come into existence in a particular historic epoch and that its language and thought do indeed express the period of its flourishing, i.e. the medieval period. But this, Boyle is careful to point out, does not mean that its validity and meaning were exhausted with the end of that culture. Rather the tradition is a living tradition so that its rich resources can continue to be exploited as that tradition is enlarged by its application to present day moral problems. Boyle's conclusion then is that in some senses natural law is indeed dependent on an ancient and medieval tradition, hut not so totally dependent that it has lost all validity for contemporary moral theory. In the contribution by Robert George, "Natural Law and Human Nature," George tries to defend Germain Grisez's version of natural law... (shrink)

Corruption is the single greatest challenge that erodes and defeats efforts made by many nations, especially in the developing world, towards sustainable development and towards the promotion and strengthening of democratic institutions and values. This article lays out international norms of ethics and integrity, reflected also in Tanzanian norms. It argues that strategic decision is imperative and a ‘Good Governance Architecture' is meant to provide a working solution to curb unethical behaviour, corruption, and the culture of impunity. This working (...) solution – which involves economic and institutional reforms, prevention strategies, enforcement, political will, transparency, accountability, popular participation, the rule of law, and the democratic space – goes further towards the root cause of the problem than legal norms do. (shrink)

This book examines the way in which new discoveries about genetic and neuroscience are influencing our understanding of human behaviour. As scientists unravel more about the ways in which genes and the environment work together to shape the development of our brains, their studies have importance beyond the narrow confines of the laboratory. This emerging knowledge has implications for our notions of morality and criminal responsibility. The extent to which "biological determinism" can be used as an explanation for our behaviour (...) is of interest to philosophers reflecting on the free will versus determinism debate. It also has repercussions for the criminal justice system; in courtrooms around the world, defence lawyers are beginning to appeal to genetic and brain imaging data as grounds for finding their clients not guilty. Can a defendant's genes or the structure of his brain be used as an excuse for his behaviour? Is criminality "hardwired"? Is it legitimate to claim "I couldn't help it, my genes made me do it"? This book appeals to anyone interested in the link between behaviour and genetics, the science and philosophy of moral responsibility and/or criminal law. (shrink)

Martha Albertson Fineman's earlier work developed a theory of inevitable and derivative dependencies as a way of problematizing the core assumptions underlying the 'autonomous' subject of liberal law and politics in the context of US equality discourse. Her 'vulnerability thesis' represents the evolution of that earlier work and situates human vulnerability as a critical heuristic for exploring alternative legal and political foundations. This book draws together major British and American scholars who present different perspectives on the concept of vulnerability and (...) Fineman's 'vulnerability thesis'. The contributors include scholars who have thought about vulnerability in different ways and contexts prior to encountering Fineman's work, as well as those for whom Fineman's work provided an introduction to thinking through a vulnerability lens. This collection demonstrates the broad and intellectually exciting potential of vulnerability as a theoretical foundation for legal and political engagements with a range of urgent contemporary challenges. Exploring ways in which vulnerability might provide a new ethical foundation for law and politics, the book will be of interest to the general reader, as well as academics and students in fields such as jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:This Birth and ThatSurrogacy and Stratified Motherhood in IndiaAmrita PandeIn 2006, i came across a short newspaper article about the emergence of a new industry in India—the industry of paid birth or commercial surrogacy. People from all over the world could now hire Indian women to give birth to babies for them, for a fraction of the cost of surrogacy elsewhere and with no government regulations. After some digging (...) around, I quickly realized that there was scarcely any objective, academic research about this new industry, and so began my ethnographic journey to the first clinic in not just India but in fact in the entire Global South to have a flourishing trade in both national and transnational surrogacy.1Academic inquiry into surrogacy arrangements is adequately interdisciplinary and has generated feminist, ethical, legal, and social debates for more than three decades (see, for example, Andrews 1987; Anderson 1990; Bailey 2011; Brennan and Noggle 1997; Hochschild 2012; Markens 2007; Oliver 1989; Ragoné 1994; Pande 2011; and Teman 2010). While defenders of surrogacy advocate it as a manifestation of women’s freedom and choice, much of the scholarship has displayed intense anxiety about this practice (Corea 1986; Dworkin 1983; Harding 1991; Neuhaus 1988; Raymond 1993; Roberts 1998b; and Rothman 1988). One view is that surrogacy reduces women to a mere breeder class, to the class of prostitutes, and another is that it is just another form of baby selling. Others consider the development of such reproductive technologies as a form of class and gender-based exploitation of women’s bodies. Two additional trends in this scholarship are worth emphasizing. First, [End Page 50] much of the debating takes place in abstraction and is rarely based on the actual experience of surrogates.2 Second,much of this work is about surrogacy in the Global North. This is not altogether surprising, since commercial surrogacy is a very recent phenomenon outside of the Global North.In this essay, I address these two gaps in the literature by analyzing the birthing narratives of surrogates in a clinic in India. As the surrogates compare their experiences of giving birth as a surrogate mother to their previous pregnancies, they underscore the paradox of an industry based on pro-natal technology in an otherwise anti-natal state. As importantly, these narratives are a clear manifestation of a global trend of “stratified motherhood”—“the hierarchical organization of reproductive fecundity and birth experiences that supports and rewards the maternity of some women while despising or outlawing the mother-work of others” (Rapp 2001, 469).Surrogacy in IndiaThe moral and ethical ambiguity surrounding surrogacy has made many countries, including China, the Czech Republic, France, Germany, Italy, Mexico, Saudi Arabia, Spain, Sweden, Switzerland, Taiwan, Turkey, and some U.S. states ban surrogacy altogether. Some countries have imposed partial bans, for instance Australia (Victoria), Brazil, Hong Kong, Hungary, Israel, South Africa, and the UK. Canada, Greece, South Africa, Israel, and the UK permit gestational surrogacy, subject to regulations. Then there are other countries with no regulations at all, such as Belgium, Finland, and India (Markens 2007; Teman 2010). Apart from the recent spurt of surrogacy in India, commercial surrogacy is most prevalent in California, USA, and Israel, where surrogacy is tightly controlled by the state and restricted to Israeli citizens. The Indian structure is closer to the liberal market model of surrogacy in California, where surrogacy births are primarily managed by private, commercial agencies that screen, match, and regulate agreements according to their own criteria (Pande 2009).India is not the only country to experience a rise in transnational surrogacy. Couples from countries such as the UK, Japan, Australia, and Kuwait, where surrogacy is either illegal or restricted, have hired surrogates in the United States to bear babies for them. However, while the total cost of such transnational packages is roughly between $100,000 and $120,000, in India the package costs one-third of that amount. Another factor that explains the popularity of India as a destination for transnational surrogacy is the informality of the market. Although commercial surrogacy is not illegal in India in 2002, currently there are no laws regulating surrogacy in clinics. Fertility clinics... (shrink)