In fundamental rights adjudication, should judges defer to the judgment of other decision makers? How can they defer, without betraying the respect that judges ought to accord those rights? How can they refuse to defer, without betraying the respect that judges ought to accord to other decision makers? I argue that only principles of comity justify deference, and their reach is limited. Comity never forbids the judges to take and to act upon a different view of fundamental rights (...) from that of another decision maker. I elaborate this view by reference to the decision of the House of Lords in Adan and Aitseguer [2001] 1 All ER 593. (shrink)

ABSTRACT In contemporary societies, governance is becoming governance by experts or under expert advice. This paper offers a survey of the basic conceptual schema that underlies some legal and political uses of knowledge, which has been traditionally based on a two-fold principle of distribution of epistemic labour between public officials and experts. Building on the example of the European system of comitology and, particularly, on the European experiences in the field of nanotechnology regulation, where expert advice has proved to be (...) particularly controversial, I will argue that the principal-agent logic that has been conventionally placed at the core of the relationship between public authorities and experts must be enhanced or specified. Facing situations of qualified uncertainty, when epistemic privilege of experts tends to decline because of the absence of conclusive evidence, the standard division of epistemic labour becomes blurred and crucial questions of justice come to the fore. Moreover, I will show that, at that point, the demand for lay people participation becomes increasingly compelling. The underlying context of this discussion is the understanding that both politics of knowledge and politics of ignorance are already playing a crucial role in the governance of our increasingly ungovernable democracies. (shrink)

Advances in genetic technologies raise a multitude of ethical issues, some of which give rise to novel dilemmas for medical practice. One of the most controversial problems arising in clinical genetics is that of confidentiality and who may disclose genetic health information. This paper considers the question of when it is appropriate for health professionals to disclose clinically significant genetic information without patient consent. Existing ethical principles offer little guidance in relation to this issue. We build on suggestions that genetic (...) information may be viewed as collective or shared information, and we introduce the concept of ‘familial comity’ as a fresh way to consider the issues. (shrink)

(from t.p.) qui continet Historiam Regni Henrici Septimi, Regis Angliae -- Sermones fideles, sive, Interiora rerum -- Tractatum de sapienta veterum -- Dialogum de bello sacro -- Et Novam Atlantidem ... -- in hoc volumine, iterum excusi, includuntur Tractatus de augmentis scientiarum -- Historia ventorum -- Historia vitae [et] mortis.

Moral premises are required in sound reasoning to the conclusion that a community does or does not (more or less) attain the rule of law. Those moral premises include, for example, the principle that judges should act with comity toward executive agencies. A failure in that moral requirement of comity is a failure to attain the rule of law. Because the ideal of the rule of law necessarily has a moral content, there is a necessary connection between law (...) and morality– albeit a modest connection that is compatible with deep moral defects in the law. (shrink)

This article examines whether the gender balance on the High Court of Australia has disrupted the gender regime. In so doing it considers the first lead judgments of the three women judges who sat concurrently on the High Court of Australia between 2009 and early 2015. The High Court has adopted an interesting informal practice of welcoming new judges whereby the newest member authors the lead judgment and their judicial colleagues offer a one-line concurrence. The way in which judicial authority (...) is conferred in these judgments is reminiscent of the space in political spheres where an incumbent has their first opportunity to set out their identity and agenda in a speech free of the noise of dissent or debate; the ‘maiden’ speech. In that space the price an incumbent pays for comity is conformity. This article contends that the first judgment is a useful way of situating a discussion about women judges’ contributions vis-à-vis difference by querying the extent to which the woman judge can ever shake-off her status as the maiden bound to conform for the sake of comity. (shrink)

In Political Liberalism and the essay "The Idea of Public Reason Revisited" John Rawls argues that citizens must refrain from introducing sectarian values intopolitical debate over fundamental political questions unless the positions they are endorsing can be supported by public reasons. I will argue that this duty allows for a more limited use of non-public ideas and values than is suggested in Rawls's discussion. ln addition, I will argue that reconciliation between citizens and the reinvigoration of free exchange and debate (...) both call for an extension of this duty to debate over issues that are of immediate concern to citizens. I argue that public reason requires citizens to support only those public policies which can be defended by appeal to liberal political values (values such as comity, social stability, equality, happiness), and to sincerely affirm liberal political values as the ultimate justification of the use of state power to implement the public policies they support. (shrink)

The paper assesses India's need for being competitive in the global marketplace in order to secure its rightful position in the comity of developed nations. Competitiveness is meant to be the basis of sustainability of one's position in the global marketplace. The role of the government in a developing country like India in this process is stressed. Eight key areas of emphasis for achieving competitiveness have been elaborated—including that of the 'Vedic values system'. The paper concludes by asserting the (...) need for politicians to be far-sighted, rising above petty party politics. (shrink)

«Theologicis et Philosophicis doctrinis, ex ipsa Iuris et lustititiae, nec non Prudentiae, aliarumque Virtutum Moralium Natura desumptis, compendiario illustratus et sub auspiciis lUustrissimi Domini D. Georgii de Lubomir L U B O M I R S K I, Comitis in Visnicz et Jaroslaw: Poloniarum Archimarschalci, et Regni Exercituum Ducis, nec non Generalis Cracoviae: et Casimiriensis, Olstinensis, Chmielnicensis, Nizinensis etc. etc. Capitanei. Publicae Disputantium concertationi propositus ab Alexandro J a s k m a n i c k i, sacrae Theologiae auditore. (...) In Cardinalitio Hosiano Collegio Societatis Jesu. Anno ab Homine Deo nato. M.DC.LXIV [1664]. Brunsbergae, Typis Henrici Schultz». En habes, Benevolo Lector, plenum titulum libri, qui hie nostram movet attentionem. Primum Auctoris biographia traditur, deinde de eiusdem operis dedicatione sermo est, postea vero ipsa eins politica et socialis doctrina explicatur et commentatur. (shrink)

In Political Liberalism and the essay "The Idea of Public Reason Revisited" John Rawls argues that citizens must refrain from introducing sectarian values intopolitical debate over fundamental political questions unless the positions they are endorsing can be supported by public reasons. I will argue that this duty allows for a more limited use of non-public ideas and values than is suggested in Rawls's discussion. ln addition, I will argue that reconciliation between citizens and the reinvigoration of free exchange and debate (...) both call for an extension of this duty to debate over issues that are of immediate concern to citizens. I argue that public reason requires citizens to support only those public policies which can be defended by appeal to liberal political values (values such as comity, social stability, equality, happiness), and to sincerely affirm liberal political values as the ultimate justification of the use of state power to implement the public policies they support. (shrink)

This article is about evil and its function in educational discourse. The research posits, using work in postsecularism and particularly through an historical, legal, and theological read of prophetic indictment and the function of the jeremiad in educational policy, that the terms of educational debate are rendered in a legal rather than a deliberative discursive framework. This lends itself, then, to the creation of evil others opposed to one’s own preferred policy prescriptions and renders much of the discussion about and (...) around the need for conversation and comity moot. The authors propose attending to the function of evil in education as well as positing an historical approach to thinking about why we often can’t think differently about educational arguments. (shrink)

The subject of the paper is an attempt of investigation the idea of sustainable development as an instantiation the principle of justice. Occurring global threads at the and of twenty century as consequences of rapid waste of natural resources, growth of impurity of environment, increase of human population, unsatisfied basic needs of people and global destabilization of natural and socio-economical systems made different environments seek for rational solutions of those problems. Finally as a result of notified by international comities propositions (...) the idea of sustainable development came into existence. Great impact on arising the idea of sustainable development came from so called Brundtland Rapport in 1987. In the document it was stated that one of the conditions of sustaining development in the World requires such development which would satisfy needs of present gen-erations without depriving future generations abilities and satisfactions of their needs. In reference to the idea of sustainable development two-fold purposes were undertaken: (1) instantiation of distributive justice criteria, and (2) explaining validity of future generation justice. (shrink)

This paper traces the development of Hannah Arendt’s thought on human rights between 1949 and 1958. Pace readers of Arendt who stress the unity of her thought as well as Arendt’s own proclamation to have not edited her works significantly, the paper shows that Arendt introduced a significant number of changes (of both major and minor character) into her writings on human rights. The most important of these changes is that the idea that a comity of nations may guarantee (...) the right to have rights is, with time, abandoned. The paper further shows that many changes that Arendt makes can be explained by the different audiences Arendt addresses and that a significant number of the changes are due to the fact that Arendt worked in different languages. Accordingly, the German versions of her writings can be used to illuminate unclarities in the English versions of her texts and vice versa. (shrink)

: In line with its foreign policy objectives, Nigeria, since itsindependence, has been participating in Peacekeeping Operations in Africa. It was in recognition of the country’s commitment to the UnitedNations’ objectives of maintaining peace and security that made itcontribute troops to the UN Operation in the Congo for the first timein 1960. For more than fifty years, Nigeria has continued to make giant stridesand commitment in this regard. This paper examines the benefits it derivesfrom participating in PKOs in Africa under (...) the UN, OAU and theECOMOG. Using both primary and secondary data, the paper argues that anormative anxiety was the primary motivating factor for Nigeria’s involvementin PKOs in Africa. This is driven by the idiosyncrasies of the country’s leaderssince its independence in 1960. Nigeria’s decision-makers are confident that itsparticipation in PKOs serves a number of foreign policy goals and provides forthe nation’s interests. The effort promotes the country’s prestige and influencein the comity of nations and in Intergovernmental Organisations. (shrink)

«Theologicis et Philosophicis doctrinis, ex ipsa Iuris et lustititiae, nec non Prudentiae, aliarumque Virtutum Moralium Natura desumptis, compendiario illustratus et sub auspiciis lUustrissimi Domini D. Georgii de Lubomir L U B O M I R S K I, Comitis in Visnicz et Jaroslaw: Poloniarum Archimarschalci, et Regni Exercituum Ducis, nec non Generalis Cracoviae: et Casimiriensis, Olstinensis, Chmielnicensis, Nizinensis etc. etc. Capitanei. Publicae Disputantium concertationi propositus ab Alexandro J a s k m a n i c k i, sacrae Theologiae auditore. (...) In Cardinalitio Hosiano Collegio Societatis Jesu. Anno ab Homine Deo nato. M.DC.LXIV [1664]. Brunsbergae, Typis Henrici Schultz». En habes, Benevolo Lector, plenum titulum libri, qui hie nostram movet attentionem. Primum Auctoris biographia traditur, deinde de eiusdem operis dedicatione sermo est, postea vero ipsa eins politica et socialis doctrina explicatur et commentatur. (shrink)

The environment and sociopolitical contexts in which we dwell shape our approach to the world. Islands, following Pádraig Ó Tuama, trigger an openness to other persons and sites. They fuel the comity of their inhabitants, motivate their interconnection with others, and thus sharpen their sense of morality. The Caribbean islands, and the Americas writ large, are also sites of both genocide and of a novel way to embrace the world. The peoples of the Caribbean islands have used the predicaments (...) of isolation, displacement, and genocide to initiate a mode of living that is best articulated, in the contemporary period, through the concept of créolization. The authors considered in this essay have expanded our understanding of the créolization. They have made specific the experiential thread of resilience that undergirds the meaning of créolization. In Condé’s work, the resilience is highlighted through the individual writer’s creativity. Sealy, for her part, expands the meaning of créolization to model a prospective inclusionary polity in the form of a créolizing nation. As we know, nations are not isolated entities; they are part of a conglomeration with other nations. Getachew completes the study to show that the cosmopolitan world that we might aspire to reach can benefit from the post-World War II efforts of Caribbean and African postcolonial nations. In truth, we realize with these authors that a moral and equitable international environment has been the articulated goal of Caribbean peoples since arguably the sixteenth century. It is a goal consonant with all of the perennial humanist ideals of modernity. (shrink)