Animals in Brazil: Economic, Legal and Ethical Perspectives presents a broad overview of the complicated role of animals in Brazilian society. Its four substantive chapters survey the landscape of animal agriculture, animal protection laws, recent animal jurisprudence, and the underlying cultural factors that have shaped the Brazilian people's relationship with and treatment of animals. Despite the book's title, there is no chapter addressing economics. However, it represents the first book in English addressing the plight of animals in Brazil (...) and makes a marked contribution to animal ethics in Latin America. At its best, it is very good, and overall, the volume is a worthwhile addition to the bookshelf of anyone interested in Brazilian animal law.The introduction by the book's editor, Carlos Naconecy, does exactly what an introduction should do: it succinctly describes the content of the chapters to follow. My quibble is that while Naconecy has excellent English and expresses himself well, the essay badly needed the editorial scrutiny of a native English speaker. The succeeding chapters each begin with an abstract, a simple but useful aid to any scholar who might not be interested in all of the issues the book covers.Chapter 1, “Food Animals in Brazil: Five Decades of Transformation,” ably describes Brazil's progression from a primarily subsistence-based agrarian culture to its full-scale embrace of industrial agriculture with all of its incumbent horrors. In just 50 years, Brazil has gone from a net importer to the world's second-largest exporter.The story of the country's transition to confinement, meat-based agriculture is all too familiar. It wrought havoc on community and family ties and overwrote traditional dietary practices, leading to widespread obesity, disease, and nutrient deficiencies. It also made indifference toward agricultural animals a new national norm. The level of cruelty that is both legal and common in Brazilian industrial agriculture would strain credulity if it weren't so similar to those of so many other countries. Indeed, the authors’ discussion of the systemic animal mistreatment, devastating environmental consequences, and accompanying cultural erosion in Brazil could easily have been cut and pasted into a chapter surveying the last 50 years in the United States.The second chapter is the strongest in the collection. “The Legal Protection of Animals in Brazil: An Overview” summarizes the country's animal-legal framework and situates it within the context of Brazil's constitutional prohibition against animal cruelty. The authors explain why the constitution offers little practical protection. Under the prevailing view, only those acts undertaken for the purpose of causing needless suffering constitute cruelty. Since much animal cruelty is ostensibly done for other reasons (food, science, etc.), the cruelty prohibition does not reach the majority of offenses.The authors next construct a syllogistic argument that the current legal classification of animals as “things” rather than beings who are the subjects of rights is logically and ethically flawed. Since cruelty involves suffering, and objects cannot suffer, and since animals suffer (otherwise animal cruelty laws would be pointless), then animals must be subjects of the law. Phrased differently, animals must be rights-holders. This leads into a compelling argument that the constitution not only supports but requires such an interpretation.“Cases and Debates in the Brazilian Animal Rights Arena” does exactly what its title suggests. It looks at recent animal-related judicial developments and situates them within a broader cultural and legal context. For example, the Supreme Court recently held that the Vaquejada, a rodeo-like event involving chasing and tackling terrified cows, was unconstitutional.Immediately following the decision, the legislature amended the constitution to classify the Vaquejada as an important cultural activity and thus protected under a different constitutional provision. The courts are currently considering whether that constitutional amendment is itself unconstitutional. We are further told about movements against foie gras and vivisection and about recent developments regarding custody disputes over domestic animal companions.The final chapter, “Factors That Influence the Brazilian Ethos Regarding Animals” is a broad discussion of the ways Brazilian history and culture have impacted attitudes toward animals. It is argued that because Brazil was the last Western country to eliminate slavery, Brazilians are more prone to treat animals like property and that the Brazilian temperament makes them more likely to be passionate than pragmatic. We also learn that a cultural reluctance to protest against social wrongs enables Brazilians to remain silent in the face of animal injustice and that the country's Catholic tradition instilled the idea that only people were made in the image of God and that animals therefore matter less. These observations strike me as overbroad and problematic. For example, millions of Brazilians have spent much of the past decade protesting government corruption, and the country has an impassioned animal advocacy movement. Furthermore, it is not clear that Brazilians necessarily treat animals differently than people from other countries with very different histories.Overall, Animals in Brazil begins the work of new scholarship in English on animals in the Brazilian context. The fact that some chapters are more informative and useful than others is an inevitable by-product of an edited volume and should not deter those interested in Brazilian animal law from reading it. The excellence of the first two chapters alone makes the book worthwhile. (shrink)

This book presents a political understanding of socio-economic rights by contextualising constitution-makers' and judges' decision-making in terms of Ireland's rich history of people's struggles for justice 'from below' between 1848 and the present. Its theoretical framework incorporates critical legal studies and world-systems analysis. It performs a critical discourse analysis of constitution-making processes in 1922 and 1937 as well as subsequent property, trade union, family and welfare rights case law. It traces the marginalisation of socio-economic rights in (...) Ireland from specific, local and institutional factors to the contested balance of core-peripheral and social relations in the world-system. The book demonstrates the endurance of ideological understandings of state constitutionalism as inherently neutral between interests. Unemployed marches, housing protestors and striking workers, however, provided important challenges and oppositional discourses. Recognising these enduring forms of power and ideology is vital if we are to assess critically the possibilities and limits of contesting socio-economic rights today. (shrink)

A group of Qin documents inscribed on bamboo slips was acquired by the Yuelu Academy on the antique market in Hong Kong in 2007. Four of these manuscripts are criminal case records dated from the final decades before the unification of China by the state of Qin in 221 B.C. These texts shed light not only on the administration of justice on the eve of imperial unification but also on various aspects of social, economic, and cultural history and (...) historical geography. The present article reviews the recently published English translation of the Yuelu case records by Ulrich Lau and Thies Staack and discusses the value of these texts as historical source material. (shrink)

This paper explores and ultimately affirms the surprising claim that artificial intelligence (AI) can become part of the person, in a robust sense, and examines three ethical and legal implications. The argument is based on a rich, legally inspired conception of persons as free and independent rightholders and objects of heightened protection, but it is construed so broadly that it should also apply to mainstream philosophical conceptions of personhood. The claim is exemplified by a specific technology, devices that connect (...) human brains with computers and operate by AI-algorithms. Under philosophically reasonable and empirically realistic conditions, these devices and the AI running them become parts of the person, in the same way as arms, hearts, or mental capacities are. This transformation shall be called empersonification. It has normative and especially legal consequences because people have broader and stronger duties regarding other persons (and parts of them) than regarding things. Three consequences with practical implications are: (i) AI-devices cease to exist as independent legal entities and come to enjoy the special legal protection of persons; (ii) therefore, third parties such as manufacturers or authors of software lose (intellectual) property rights in device and software; (iii) persons become responsible for the outputs of the empersonified AI-devices to the same degree that they are for desires or intentions arising from the depths of their unconscious. More generally, empersonification marks a new step in the long history of human–machine interaction that deserves critical ethical reflection and calls for a stronger value-aligned development of these technologies. (shrink)

Providing another key contribution to the immensely popular field of law and economics, this book, written by the doyen of the history of economic thought in the US, explores the dynamic relationship between economics, law and polity. Combining a selection of old and new essays by Warren J. Samuels that chart a number of key themes, it provides an important commentary on the development of an academic field and demonstrates how policy is structured and manipulated by human social (...) construction. The areas covered include: the role of manufactured belief power the nature and sources of rights the construction of markets by firms and governments and the problem of continuity and change in the form of the question of the selectively defined status quo and its status the absolutist character of government, rights, markets and legal principles and the accepted ideational structure of law. The Legal-Economic Nexus is an essential read both economists and legal professionals as well as those researching the history of economic thought and the social construction of law. (shrink)

This paper explores and ultimately affirms the surprising claim that artificial intelligence (AI) can become part of the person, in a robust sense, and examines three ethical and legal implications. The argument is based on a rich, legally inspired conception of persons as free and independent rightholders and objects of heightened protection, but it is construed so broadly that it should also apply to mainstream philosophical conceptions of personhood. The claim is exemplified by a specific technology, devices that connect (...) human brains with computers and operate by AI-algorithms. Under philosophically reasonable and empirically realistic conditions, these devices and the AI running them become parts of the person, in the same way as arms, hearts, or mental capacities are. This transformation shall be called empersonification. It has normative and especially legal consequences because people have broader and stronger duties regarding other persons (and parts of them) than regarding things. Three consequences with practical implications are: (i) AI-devices cease to exist as independent legal entities and come to enjoy the special legal protection of persons; (ii) therefore, third parties such as manufacturers or authors of software lose (intellectual) property rights in device and software; (iii) persons become responsible for the outputs of the empersonified AI-devices to the same degree that they are for desires or intentions arising from the depths of their unconscious. More generally, empersonification marks a new step in the long history of human–machine interaction that deserves critical ethical reflection and calls for a stronger value-aligned development of these technologies. (shrink)

Providing another key contribution to the immensely popular field of law and economics, this book, written by the doyen of the history of economic thought in the US, explores the dynamic relationship between economics, law and polity. Combining a selection of old and new essays by Warren J. Samuels that chart a number of key themes, it provides an important commentary on the development of an academic field and demonstrates how policy is structured and manipulated by human social (...) construction. The areas covered include: the role of manufactured belief power the nature and sources of rights the construction of markets by firms and governments and the problem of continuity and change in the form of the question of the selectively defined _status quo_ and its status the absolutist character of government, rights, markets and legal principles and the accepted ideational structure of law. _The Legal-Economic Nexus_ is an essential read both economists and legal professionals as well as those researching the history of economic thought and the social construction of law. (shrink)

The foundation (waqf), which is a charity institution that was able to find an application area since the emergence of Islam, has developed over time in Islamic societies and has become a common institution. In the Ottoman Empire, these institutions had incorporated different services into its structure. This expansion has also led to the establishment of many different types and purposes of foundations such as charities; family, animal care, hospice, foodbank and educational institutions and mosques. Types of foundations in which (...) the incomes of the foundation were shared in different ways were also developed in this period. Family foundations are one of the types of foundations established for the purpose to share of income. Family foundations, which are characterized by many different names such as “zürri” (familial), “ehli” (domestic) and “evlatlık” (filial), have been criticized legally for various reasons in the last period of the Ottoman Empire and the Republic period, and their legitimacy has been questioned. This questioning of legitimacy, which started especially with orientalist studies, was also written among Turkish historians and lawyers, and attempts were made to base the claims that family foundations are illegitimate. In time, these criticisms came out of the family foundations and became legally questioning the entire Islamic foundation system. Investigating the justification of these criticisms, which have been popular since the end of the 19th century, is of particular importance for the development of today's foundation system. Because as a result of these criticisms, the foundations, which are one of the most effective institutions that provide social cohesion and that Islam has created and developed, have lost their importance over time and there has been a noticeable decrease in established foundations. Previously established foundations were somehow transferred to individual ownership on legal grounds. Based on these reasons, the study aims to determine the truth of these claims and to offer a critical approach to the debates on the legitimacy of family foundations in Islamic law, thus revealing the legal basis of the foundation system in Islam. In terms of nature, family foundations are a type of foundation for the purpose of the foundation. Although its name is described as family, it indicates a foundation that is broader than the concept of family. In this sense, it refers to foundations established first for private individuals and then for one of the general charity classes. Specially designated persons do not have to be among family members. It is referred to by this name as these foundations are mostly established for family members. When the evidence regarding the legitimacy of these foundations is examined, examples from the practices of the Prophet himself can be seen, as well as general verses from the Qur'an that will be included in the scope of these foundations. On the other hand, there are examples of family waqfs in foundations established by almost all of the Companions. The legitimacy of family foundations is challenged within the framework of four main reasons such as violation of the provisions of legacy, avoiding to be confiscated, preventing the fragmentation of property by the heirs and causing the feudal system and it is claimed to be illegitimate. However, the fact that these foundations have existed in Islamic societies since the golden age, including the Ottoman Empire raises a question about the authenticity of the criticisms. When examining the details of the criticisms, it can be easily seen that there is no question of legitimacy in the real sense, only a misinterpretation arising from misunderstanding. As a result, it will be seen that it is not possible to say that the practices of Muslims throughout history are illegitimate. Family waqfs have taken place in history as an institution that does not contradict the general provisions of Islam, on the contrary, by increasing Islamic foundation culture and social solidarity. It is extremely important for these foundations to find a field of application in social and economic terms now. (shrink)

The book is a critical analysis of the work of Max Weber, Emile Durkheim and Karl Marx. It focuses on their separate analyses of the role of law in society, pointing out their faults and errors, and the resultant impact on modern social science. The author takes issue with Weber's work on rationality, with Durkheim's work on repressive and restitutive law, and with Marx's work on social justice and law as part of the super-structure. In each section of the book (...) he shows the implications that flow from a re-assessment and re-interpretation of their work for an understanding of society. The book is multi-disciplinary, making ample reference to law, sociology, anthropology, history, religion, ecology, criminology, philosophy and economics. Its various chapters discuss a wide range of themes, including rationality, tradition, science, political authority, conflict resolution, community, justice and altruism. (shrink)

This book discusses the relationship between democracy and the financial order from various legal perspectives. Each of the nine contributions adopts a unique perspective on the legal and political challenges brought to the fore by the Global Financial Crisis. This crisis and the ensuing sovereign debt crisis in Europe are only the latest in a long series of financial crises around the globe in recent decades. By their very existence, but also as a result of the political turmoil (...) they have created, these financial crises testify to the well-known tensions between democracy and a market-based economic and financial order. However, what is missing in this debate is an analysis of the role of law for reconciling democracy with a market-based financial order. To fill this lacuna, the book focuses on the controversy surrounding the concept of law, thereby adding another variable to the debate on the relation between democracy and capitalism. Each chapter addresses the concept of law from a particular theoretical angle, be it a full-grown legal theory or an approach in political economy that has a particular view of the law. (shrink)

Following modernization paradigm and some local dynamics conducive to development, some Asian countries emerged as economic tigers in the world. Conversely, other Asian countries including Bangladesh failed to taste economic development despite having monetary and technological aids from some developed nations. Drawing on some social and historical trajectories of the divergent contours of Asian development/ underdevelopment, the paper examines the state of development in Bangladesh. The study has found that Japan is the first country in Asia to achieve (...) modernization, and it was followed by other Asian tigers such as Korea, Taiwan, Singapore, Malaysia and currently China and India. We found that all these Asian tigers exert a developmental model which is characterized by ‘endogenous’ modernity and economic nationalism largely driven by, among other things, long-term economic vision and strong political leadership. While the history of Bangladesh has witnessed various cultural nationalisms, the nation has failed to generate any unified economic nationalism since its independence in 1971. We suggest that Bangladesh needs a long-term development vision—a key thrust for economic nationalism—focusing more on some socioeconomic and legal aspects that have historically become major impediments for development. (shrink)

During the last quarter of the twentieth century, the humanities and social sciences have turned toward history, something that culminated in the 1990s, and this phenomenon was evident in law as well. However, until recently, law and economics, the most influential post-World War II jurisprudential movement, was a-historical in its methodology and research agenda. The first objective of this article is to call attention to this neglected characteristic of law and economics and to explain its causes by analyzing its (...) intellectual origins, its methodological causes, and the nature of its interaction with other sub-fields of law and of economics. The second objective of the article is to identify a change-in-the-making and its characteristics. Law and economics scholars have turned to history more often and for new purposes in recent years. The article identifies the set of factors that brought about this turn to history. These factors include: a growing willingness to conduct empirical research; the integration of public choice analysis into mainstream law and economics; preliminary comparative law and economics studies; a growing interaction between law and economics and new institutional economics; and the importation of the concept of path dependency and of greater awareness of past burdens from other quarters of economic theory. Finally, the article examines the concrete ways in which these developments are being realized, by pointing out the various uses of history evident in specific law and economics studies conducted in recent years. It suggests a classification of this growing literature into six distinct uses of history, four of them emerging only in recent years. The general aim of this article is to enhance awareness among law and economics scholars of the actual and potential uses of history. The article further seeks to connect law-and-economics historical studies to other relevant historical works so that the law and economics inquiry will not be conducted in a disciplinary vacuum. It thus calls to the attention of legal historians and economic historians the new literature published in the field of law and economics. Finally it is also directed at scholars interested in the intellectual history of jurisprudence and in the methodological turn to history in the social sciences. (shrink)

ABSTRACTThis paper offers a re-interpretation of the development of practical mathematics in Elizabethan England, placing artisanal know-how and the materials of the discipline at the heart of analysis, and bringing attention to Tudor economic policy by way of historical context. A major new source for the early instrument trade is presented: a manuscript volume of Chancery Court documents c.1565–c.1603, containing details of a patent granting a monopoly on making and selling mathematical instruments, circa 1575, to an unnamed individual, identified (...) here as the instrument maker Humphrey Cole. Drawing on economic and legal history, the paper argues that practical mathematics needs to be understood as one ‘project’ among many, at a time when monopoly patents were used to advance industry, lower unemployment, secure the realm and reward invention. Drawing on the history and sociology of technology, it argues that the management and control of materials – mathematical instruments themselves, and the local socio-legal context within which they could be made – needs to be understood as prior to and separate from the rhetoric of mathematical authors, which is of interest in its own right but which may not have a direct relationship to mathematical practice. (shrink)

This anthology illustrates how law and economics is developing in Europe and what opportunities and problems - both in general and specific legal fields - are associated with this approach within the legal traditions of European countries. The first part illuminates the differences in the development and reception of the economic analysis of law in the American Common Law system and in the continental European Civil Law system. The second part focuses on the different ways of thinking (...) of lawyers and economists, which clash in economic analysis of law. The third part is devoted to legal transplants, which often accompany the reception of law and economics from the United States. Finally, the fourth part focuses on the role economic analysis plays in the law of the European Union. This anthology with its 14 essays from young European legal scholars is an important milestone in establishing a European law and economics culture and tradition. (shrink)

This book examines the most controversial issues concerning the use of pre-drafted clauses in fine print, which are usually included in consumer contracts and presented to consumers on a take-it-or-leave-it basis. By applying a multi-disciplinary approach that combines consumer's psychology and seller's drafting power in the logic of efficiency and good faith, the book provides a fresh and unconventional analysis of the existing literature, both theoretical and empirical. Moving from the unconscionability doctrine, it criticizes (and in some cases refutes) its (...) main conclusions based on criteria which are usually invoked to sustain the need for public intervention to protect consumers, and specifically related to Law (contract complexity), Psychology (consumer lack of sophistication criterion) and Economics (market structure criterion). It also analyzes the effects of different regulations, such as banning vexatious clauses or mandating disclosure clauses, showing that none of them protect consumers, but in fact prove to be harmful when consumers are more vulnerable, that is whenever sellers can exploit some degree of market power. In closing, the book combines these disparate aspects, arguing that the solution (if any) to the problem of consumer exploitation and market inefficiency associated with the use of contracts of adhesion in these contexts cannot be found in removing or prohibiting hidden clauses, but instead has to take into account the effects of these clauses on the contract as a whole. (shrink)

Milestones was a manifesto of rightwing, anti-revolutionary liberalism, according to which the political events of 1905 should have officially concluded the intelligentsia’s battle against autocracy and inaugurated the intelligentsia’s cooperation with Russia’s “historical rulers” to turn the country into an economically and culturally strong “state of law.” All the Milestones ’ authors agreed that Russia’s intellectual history was not identical with the traditions of the radical intelligentsia, and that there was need for a new intellectual canon focused on religious (...) thought and efforts to define the Russian national identity. (shrink)

Legal institutions are created at a certain point in time, intended to be applied to ‘life’ as it is perceived at the specific moment when they are elaborated and cast into legal form. As a result, legal institutions always already refer, in their original design, to a certain normality, but between the moment of creation of a legal institution and its application to future situations there is always a certain time lag. Some legal institutions—referred to (...) in the paper as “legal survivals” –outlive the epoch in which they were created and continue their legal life long after the conditions which lead to their creation had, in the meantime, disappeared. The aim of this paper is to put forward an archaeologico–genealogical perspective on legal survivals not only as a method of studying continuity of law and the resilience of juridical form, but also as a line of enquiry capable of enriching our understanding of the juridical in its relation to the changing circumstances of life. The study of legal survivals allows to combine three aspects of legal continuity: firstly, the continued use of the same legal forms in different circumstances and for different purposes, whereby the same juridical form is filled with different socio-economic substance; secondly, the gradual adaptation of legal forms to new circumstances; thirdly, the emergence of new legal forms in close reference to old ones. The study of legal survivals allows to address the foundations of law’s claims to authority, based on stability and predictability of juridical forms. It also reveals the complex and multilayered nature of legal form which effectively has the structure of a palimpsest. (shrink)

This unique publication outlines the development of legal theory from pre-Roman times to the twentieth century. It aims to relate the evolution of legal theory to parallel developments in political history, and accordingly offers the reader an account of relevant contemporaneous political, religious, and economic events. Each chapter commences with a general historical background for the relevant period, and discusses how political events and political and legal theory are both related to one another and occasionally (...) influence one another.No other English publication aims to anchor legal theory to contemporary general history in this way, shunning the more conventional approach to legal theory via the study of 'traditions' or 'schools', and it is hoped that this study will provide a much-needed basic text for students of jurisprudence, legal theory and politics. (shrink)

There is a broad consensus amongst law firms and in-house legal departments that next generation "Legal Tech" - particularly in the form of Blockchain-based technologies and Smart Contracts - will have a profound impact on the future operations of all legal service providers. Legal Tech startups are already revolutionizing the legal industry by increasing the speed and efficiency of traditional legal services or replacing them altogether with new technologies. This on-going process of disruption within (...) the legal profession offers significant opportunities for all business. However, it also poses a number of challenges for practitioners, trade associations, technology vendors, and regulators who often struggle to keep up with the technologies, resulting in a widening regulatory "gap." Many uncertainties remain regarding the scope, direction, and effects of these new technologies and their integration with existing practices and legacy systems. Adding to the challenges is the growing need for easy-to-use contracting solutions, on the one hand, and for protecting the users of such solutions, on the other. To respond to the challenges and to provide better legal communications, systems, and services Legal Tech scholars and practitioners have found allies in the emerging field of Legal Design. This collection brings together leading scholars and practitioners working on these issues from diverse jurisdictions. The aim is to introduce Blockchain and Smart Contract technologies, and to examine their on-going impact on the legal profession, business and regulators. (shrink)

Conferring legal personhood on purely synthetic entities is a very real legal possibility, one under consideration presently by the European Union. We show here that such legislative action would be morally unnecessary and legally troublesome. While AI legal personhood may have some emotional or economic appeal, so do many superficially desirable hazards against which the law protects us. We review the utility and history of legal fictions of personhood, discussing salient precedents where such fictions (...) resulted in abuse or incoherence. We conclude that difficulties in holding “electronic persons” accountable when they violate the rights of others outweigh the highly precarious moral interests that AI legal personhood might protect. (shrink)

To the Uttermost Parts of the Earth shows the vital role played by legal imagination in the formation of the international order during 1300–1870. It discusses how European statehood arose during early modernity as a locally specific combination of ideas about sovereign power and property rights, and how those ideas expanded to structure the formation of European empires and consolidate modern international relations. By connecting the development of legal thinking with the history of political thought and by (...) showing the gradual rise of economic analysis into predominance, the author argues that legal ideas from different European legal systems - Spanish, French, English and German - have played a prominent role in the history of global power. This history has emerged in imaginative ways to combine public and private power, sovereignty and property. The book will appeal to readers crossing conventional limits between international law, international relations, history of political thought, jurisprudence and legal history. (shrink)

This volume traces the modern critical and performance history of this play, one of Shakespeare's most-loved and most-performed comedies. The essay focus on such modern concerns as feminism, deconstruction, textual theory, and queer theory.

The book outlines the historical development of Public Law and the state from ancient times to the modern day, offering an account of relevant events in parallel with a general historical background, establishing and explaining the relationships between political, religious, and economic events.

This anthology highlights the theoretical foundations as well as the various applications of Behavioural Law and Economics in European legal culture. By the same token, it fosters the dialogue between European and American Law and Economics scholars. The traditional neo-classical microeconomic theory explains human behaviour by using Rational Choice. According to this model, people tend to maximize the difference between expected utility and cost ("expected utility theory"). This theory includes three assumptions: (1) unbounded rationality, (2) unbounded self-interest, and (3) (...) unbounded willpower. Behavioural Economics questions these assumptions and endeavours to render economic analysis more realistic by underpinning it with psychological insights. In recent years, the influence of Behavioural Economics on the Economic Analysis of Law has gained momentum. Behavioural Law and Economics generates a better theoretical understanding of legal phenomena and offers a multitude of applications in legislation and legal adjudication. This volume is testament to the growing and thriving Law and Economics movement in Europe. The European Law and Economics community has steadily grown and the yearly Law and Economics Conference at the law faculty of the University of Lucerne has successfully become a guiding star in the vast sky of Law and Economics. (shrink)

The economic costs to the insurers of complementary routine genetic testing would outweigh the benefits. However, should testing technology in future be refined so as to produce a cheap and reliable test, there is no reason why insurers might not take up predictive testing as part of the normal underwriting process. It is this possibility which justifies formulating a pre-emptive policy. At the very least, there are reasons for promoting and protecting the welfare of the proposer so as to (...) redress the bargaining positions between him or her as a consumer of a service and the insurer as a commercial concern. Further considerations relate to the social purpose of insurance as a social mechanism, and the need to find ways of avoiding undermining this in light of Human Genome Project. (shrink)

This chapter contains sections titled: An Economic Model of Carroll Towing Relaxing the Model's Initial Assumptions Efficiency as a Norm Some Limitations of Law and Economics Conclusion References.

There is widespread agreement among political philosophers that there is a core set of civil and political liberties that ought to be given special protections by any state. In contrast, there is significant disagreement about whether (and which) economic liberties deserve the same level of protection and priority. To what extent should freedom in economic activities be protected by and from the government? To what extent is it justifiable for government to interfere with economic activities for the (...) sake of equalizing opportunities and protecting the welfare of society’s vulnerable? John Rawls famously held that only a narrow range of economic liberties are basic liberties deserving special protections, though he never offered a full defense of that claim. In _Free Market Fairness_ John Tomasi argued against Rawls, claiming it follows from Rawls’s own assumptions that we ought to protect a broad range of economic liberties as basic liberties. This paper attempts to provide the missing argument in favor of Rawls’s position in this debate and against Tomasi’s. First, I argue for a novel interpretation of Rawls’s criterion for basic liberties. Second, I use that interpretation to argue that Rawls was correct and consistent to exclude contract rights and productive property rights from the scheme of basic liberties. (shrink)

The law and economics movement is the principal interdisciplinary field of legal studies. This paper traces the history of the movement and explains its basic principles, contrasts the version of the movement that predominates in the United States with the version that prevails in Europe, noting the greater emphasis of the former on substantive doctrine and of the latter on rule of law considerations, and emphasizes the importance of the movement for legal and economic reform in (...) developing nations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Caught Between History and ImaginationVico's Ingenium for a Rhetorical Renovation of CitizenshipAlessandra Beasley Von BurgCitizenship is usually thought of as synonymous with nationality and the rights and duties associated with the people who live, work, and participate politically, socially, and economically within the borders of their nation-state. In this conception, the main criterion used to decide who is and who is not a citizen is nationality. As the (...) nature of nation-state governance evolves and the acceleration of citizen mobility hastens interdependence, pressures for new definitions and paradigms of citizenship build. As Joseph Weiler argues, this pressure produces cognitive dissonance because "the traditional, classical vocabulary of citizenship is the vocabulary of the State, the Nation and Peoplehood" (qtd. in La Torre 1998, 1).1 The classical association of citizenship with nationality blocks our ability to grasp new, nonstatist conceptions of citizenship, even as postnational political visions take shape in institutions like the European Union (EU).2 In 1992, EU citizenship was established in the Treaty of Maastricht, which granted some additional rights to citizens of the member states in the same way that single nation-states grant their inhabitants special status as nationals, rights that are not nullified when citizens leave their home country to live and work in other member states.3 [End Page 26]The relationship between nationality and citizenship in the EU context is complicated by the fact that although Maastricht guidelines set postnational membership criteria for EU citizens, they also limit the scope of EU citizenship. In trying to reach beyond the nation while anchoring its very essence to the nation, EU citizenship remains limited as it relies on the traditional language of national membership to found its postnational concept of equality and inclusion for noncitizens. The contradictory elements of EU citizenship are exemplified in its current definition, which includes all member states' citizens and excludes millions who are living in Europe as third-country nationals (TCNs), defined as "any person who is not a citizen of one of the member states" of the EU but permanently and legally resides in one.4 The current debate over the status of legal, long-term TCNs challenges the relationship between citizenship and nationality, as advocates from EU institutions, national governments, nongovernmental organizations and academia argue that TCNs should be granted EU citizenship rather than be naturalized in the member states and push for a new, postnational mode of citizenship based on residency. Advocates for the inclusion of TCNs as EU citizens have to work with the limited vocabulary of national citizenship yet articulate a case for a new kind of citizenship divorced from nationality. They suggest that the EU should be viewed as a deliberative community, in which all long-term residents like TCNs are given an equal opportunity to practice citizenship. The deliberative community rationale is based on an idea of citizenship as performance with residents enacting citizenship by living together and deliberating with each other about common interests and concerns.5This reordering of the concept of community arising out of political practice calls for a full philosophical and rhetorical reimagining of the meaning of citizenship. The act of reimagining citizenship creates a new practice of citizenship and grounds citizenship in a philosophical context as well as a practical one. There is no better philosophical and rhetorical tradition to turn to for this purpose than that of Giambattista Vico. Vico, and to a larger extent the entire tradition of Italian humanism, has been overlooked in modern Western philosophy. Yet Vico embodies a seamless marriage of philosophy and rhetoric. Vico's philosophically grounded rhetoric provides the means in an investigation of EU citizenship as an innovative rhetorical practice beyond nationality, for understanding how new practices become persuasive through imaginative language, until citizens separate citizenship from nationality and accept residence and deliberative practices as legitimate criteria for citizenship. Vico argues that "every study method [End Page 27] may be said to be made up of three things: instruments, complementary aids, and aim envisaged" and notes that "the instruments presuppose and include a systematic, orderly manner of proceeding" (1990, 6). This essay proceeds in this fashion to reveal how a new vocabulary of citizenship... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Caught Between History and ImaginationVico's Ingenium for a Rhetorical Renovation of CitizenshipAlessandra Beasley Von BurgCitizenship is usually thought of as synonymous with nationality and the rights and duties associated with the people who live, work, and participate politically, socially, and economically within the borders of their nation-state. In this conception, the main criterion used to decide who is and who is not a citizen is nationality. As the (...) nature of nation-state governance evolves and the acceleration of citizen mobility hastens interdependence, pressures for new definitions and paradigms of citizenship build. As Joseph Weiler argues, this pressure produces cognitive dissonance because "the traditional, classical vocabulary of citizenship is the vocabulary of the State, the Nation and Peoplehood" (qtd. in La Torre 1998, 1).1 The classical association of citizenship with nationality blocks our ability to grasp new, nonstatist conceptions of citizenship, even as postnational political visions take shape in institutions like the European Union (EU).2 In 1992, EU citizenship was established in the Treaty of Maastricht, which granted some additional rights to citizens of the member states in the same way that single nation-states grant their inhabitants special status as nationals, rights that are not nullified when citizens leave their home country to live and work in other member states.3 [End Page 26]The relationship between nationality and citizenship in the EU context is complicated by the fact that although Maastricht guidelines set postnational membership criteria for EU citizens, they also limit the scope of EU citizenship. In trying to reach beyond the nation while anchoring its very essence to the nation, EU citizenship remains limited as it relies on the traditional language of national membership to found its postnational concept of equality and inclusion for noncitizens. The contradictory elements of EU citizenship are exemplified in its current definition, which includes all member states' citizens and excludes millions who are living in Europe as third-country nationals (TCNs), defined as "any person who is not a citizen of one of the member states" of the EU but permanently and legally resides in one.4 The current debate over the status of legal, long-term TCNs challenges the relationship between citizenship and nationality, as advocates from EU institutions, national governments, nongovernmental organizations and academia argue that TCNs should be granted EU citizenship rather than be naturalized in the member states and push for a new, postnational mode of citizenship based on residency. Advocates for the inclusion of TCNs as EU citizens have to work with the limited vocabulary of national citizenship yet articulate a case for a new kind of citizenship divorced from nationality. They suggest that the EU should be viewed as a deliberative community, in which all long-term residents like TCNs are given an equal opportunity to practice citizenship. The deliberative community rationale is based on an idea of citizenship as performance with residents enacting citizenship by living together and deliberating with each other about common interests and concerns.5This reordering of the concept of community arising out of political practice calls for a full philosophical and rhetorical reimagining of the meaning of citizenship. The act of reimagining citizenship creates a new practice of citizenship and grounds citizenship in a philosophical context as well as a practical one. There is no better philosophical and rhetorical tradition to turn to for this purpose than that of Giambattista Vico. Vico, and to a larger extent the entire tradition of Italian humanism, has been overlooked in modern Western philosophy. Yet Vico embodies a seamless marriage of philosophy and rhetoric. Vico's philosophically grounded rhetoric provides the means in an investigation of EU citizenship as an innovative rhetorical practice beyond nationality, for understanding how new practices become persuasive through imaginative language, until citizens separate citizenship from nationality and accept residence and deliberative practices as legitimate criteria for citizenship. Vico argues that "every study method [End Page 27] may be said to be made up of three things: instruments, complementary aids, and aim envisaged" and notes that "the instruments presuppose and include a systematic, orderly manner of proceeding" (1990, 6). This essay proceeds in this fashion to reveal how a new vocabulary of citizenship... (shrink)

This is the first book to comprehensively analyze the work of Hans Micklitz, one of the leading scholars in the field of EU economic law. It brings together analysts, academic friends and critics of Hans Micklitz and results in a unique collection of essays that evaluate his work on European Economic Law and Regulation. The contributions discuss a wide range of Micklitz' work: from his theoretical work on private law beyond party autonomy, with a special focus on its (...) regulatory function, to the illustration of how his work has built the basis for current solutions such as used in solving the financial crisis. The book is divided into sections covering foundations of private law, regulatory law, competition and intellectual property law, product safety law, consumer contract law and the enforcement of law. This book clearly shows the enormous impact of Hans Micklitz' work on the EU legal system in both scholarship and practice. (shrink)

This paper discusses corporate entanglement, impactfulness and responsibility in the Anthropocene, amidst events and conditions that ‘uncontain’ time. It takes its direction of travel from artist Brian Jungen’s ‘Cetology’ (2002), a whalebone sculpture made out of cut-up plastic garden chairs, which conjoins the times of earth and world history, as it hangs in the air of the art gallery, ‘as if’ exhibited in the natural history museum. The paper relates ‘Cetology’s’ engagement with natural history, time, and commodification (...) to matters of corporate entanglement and responsibility within company law and governance. Problems with understanding the comparable imprint of large and multinational companies on matters, places, and communities are identified, after the domination of corporate legal frameworks over nature and the stability and perfection of economic incentives at law. The reading of this (critical-legal) situation is developed through theory and engagement with materialist and critical thinkers, who unite in their concern with distributed human–nature relations and the ‘concreteness’ that attends collisions in time, ruin and affect. Walter Benjamin and Theodor Adorno’s writings are central to this analysis, and strengthen the commentary on ‘natural history’ themes curated by Jungen. The paper contemplates how times’ uncontainment might invoke a change in expectation and method for the company law field, assigning contingency to the corporation and provoking a new mode of reflection about corporate entanglement and responsibility at law. (shrink)

Global Prescriptions scrutinizes the movement to export a U.S.-oriented version of the " rule of law," found in the activities of philanthropic foundations, the World Bank, the U.S. Agency for International Development, and several other developmental organizations. Yves Dezalay and Bryant G. Garth have brought together a group of scholars from a variety of disciplines--anthropology, economics, history, law, political science, and sociology--to create tools for understanding this movement. Comprised of two sections, the volume first develops theoretical perspectives key to (...) an understanding of the production and impact of new "global legal prescriptions." The second part shifts attention to the national importation of these legal orthodoxies. The scholars provide a diverse set of sophisticated approaches, both to the circumstances promoting the production of these prescriptions and to the limitations of the prescriptions in the different national settings. Thus, Global Prescriptions provides a unique treatment for readers interested in globalization generally or the potential spread of the "rule of law" in particular. This volume will intrigue scholars and students interested in a political science, economics, history, anthropology, law, and sociology. Contributors are Jeremy Adelman, Robert Boyer, Elizabeth Heger Boyle, Miguel Angel Centeno, Heinz Klug, Larissa Adler Lomnitz, John W. Meyer, Setsuo Miyazawa, Hiroshi Otsuka, Rodrigo Salazar, Kathryn Sikkink, Anne-Marie Slaughter, and Catalina Smulovitz. Yves Dezalay is Director of Research, National Center for Scientific Research, Paris. Bryant G. Garth is Director of the American Bar Foundation. (shrink)

International economic law is peculiar. It claims universal character, yet eschews engagement with many, if not all, the racialised features of the global political economy. Its scholars mostly ignore imperialism, colonialism, and capitalism; they exclude slavery, predation, and racism altogether. In the following article, we draw upon Walter Rodney’s dialectics of development to offer a racial capitalist critique of international economic law. The disciplinary boundaries and operative logic normalised by its denizens corral us in a white, Eurocentric episteme. (...) Ahistoricism, decontextualisation, and externalisation are three epistemic devices at the forefront of the exclusionary discourse of IEL. In this space, the histories and epistemologies of Black peoples are ghettoised, treated as alien to the framework. After identifying this bias, we use the Black Radical Tradition to evaluate IEL’s amenability to the racial capitalism critique. (shrink)

The essays in Fanon and the Decolonization of Philosophy all trace different aspects of the mutually supporting histories of philosophical thought and colonial politics in order to suggest ways that we might decolonize our thinking. From psychology to education, to economic and legal structures, the contributors interrogate the interrelation of colonization and philosophy in order to articulate a Fanon-inspired vision of social justice. This project is endorsed by his daughter, Mireille Fanon-Mendès France, in the book's preface.

Current societal changes and challenges demand a broader role of technological universities, thus opening the question of how their role evolved over time and how to frame their current responsibility. In response to urgent calls for debating and redefining the identity of contemporary technological universities, this paper has two aims. The first aim is to identify the key characteristics and orientations marking the development of technological universities, as recorded in the history of engineering education. The second aim is to (...) articulate the responsibility of contemporary technological universities given their different orientations and characteristics. For this, we first provide a non-systematic literature review of the key pedagogical orientations of technological universities, grounded in the history of engineering education. The five major orientations of technological universities presented in the paper are technical, economic, social, political, and ecological. We then use this historical survey to articulate the responsibilities of contemporary technological universities reflecting the different orientations. Technological universities can promote and foster the development of scientific, professional, civic, legal, or intra- and inter- generational responsibility. We argue that responsibility is not specific to any particular orientation, such that the concept is broadened to complement each orientation or mix of orientations of a technological university. Our contribution thus serves as a call for technological universities to self-reflect on their mission and identity, by offering a lens for identifying the orientations they currently foster and making explicit the responsibility arising from their current orientation or the ones they strive to cultivate. (shrink)

This article provides a normative framework for evaluating the moral permissibility of various defences of European Union (EU) values against their violation in EU member states. This requires, first, a coherent interpretation of EU values as the values of liberal democracy; second, a clear notion of when they are violated; third, a theory of how liberal democracy can be defended with measures that are consistent with the values of liberal democracy themselves; and, finally, a discussion of what the EU’s role (...) is in this defence. The article argues that it would be permissible for the EU to combine a number of political, cultural, socio-economic and legal responses in a concentric defence of liberal democracy as long as they respect the separation of powers doctrine and do not rely on problematic notions of collective responsibility. (shrink)

There is much discourse and focus on the social determinants of health, but undergirding these multiple intersecting and interacting determinants are legal and political determinants that have operated at every level and impact the entire life continuum. The United States has long grappled with advancing health equity via public law and policy. Seventy years after the country was founded, lawmakers finally succeeded in passing the first comprehensive and inclusive law aimed at tackling the social determinants of health, but that (...) effort was short-lived. Today the United States is faced with another fork in the road relative to the advancement of health equity. This article draws on lessons from history and law to argue that researchers, providers, payers, lawmakers and the legal community have a moral, economic and national security imperative to address not only the negative outcomes of health disparities, but also the imbalance of inputs resulting from laws and policies which fail to employ an equity lens. (shrink)

The fortunes and misfortunes of Shylock and Antonio are pervaded with economic and legal ideas. Both characters tend to overlap and confuse in several dimensions–the most celebrated one is to believe that the Jew is the merchant–and are alternatively victim and victimizer. The analysis of the play focusing in money and contract, economics and the law, market and morality, allows us to delve into the nuances of one of the most engaging characters in the history of literature (...) and to ponder the classical liberal message of justice and charity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Caught Between History and ImaginationVico's Ingenium for a Rhetorical Renovation of CitizenshipAlessandra Beasley Von BurgCitizenship is usually thought of as synonymous with nationality and the rights and duties associated with the people who live, work, and participate politically, socially, and economically within the borders of their nation-state. In this conception, the main criterion used to decide who is and who is not a citizen is nationality. As the (...) nature of nation-state governance evolves and the acceleration of citizen mobility hastens interdependence, pressures for new definitions and paradigms of citizenship build. As Joseph Weiler argues, this pressure produces cognitive dissonance because "the traditional, classical vocabulary of citizenship is the vocabulary of the State, the Nation and Peoplehood" (qtd. in La Torre 1998, 1).1 The classical association of citizenship with nationality blocks our ability to grasp new, nonstatist conceptions of citizenship, even as postnational political visions take shape in institutions like the European Union (EU).2 In 1992, EU citizenship was established in the Treaty of Maastricht, which granted some additional rights to citizens of the member states in the same way that single nation-states grant their inhabitants special status as nationals, rights that are not nullified when citizens leave their home country to live and work in other member states.3 [End Page 26]The relationship between nationality and citizenship in the EU context is complicated by the fact that although Maastricht guidelines set postnational membership criteria for EU citizens, they also limit the scope of EU citizenship. In trying to reach beyond the nation while anchoring its very essence to the nation, EU citizenship remains limited as it relies on the traditional language of national membership to found its postnational concept of equality and inclusion for noncitizens. The contradictory elements of EU citizenship are exemplified in its current definition, which includes all member states' citizens and excludes millions who are living in Europe as third-country nationals (TCNs), defined as "any person who is not a citizen of one of the member states" of the EU but permanently and legally resides in one.4 The current debate over the status of legal, long-term TCNs challenges the relationship between citizenship and nationality, as advocates from EU institutions, national governments, nongovernmental organizations and academia argue that TCNs should be granted EU citizenship rather than be naturalized in the member states and push for a new, postnational mode of citizenship based on residency. Advocates for the inclusion of TCNs as EU citizens have to work with the limited vocabulary of national citizenship yet articulate a case for a new kind of citizenship divorced from nationality. They suggest that the EU should be viewed as a deliberative community, in which all long-term residents like TCNs are given an equal opportunity to practice citizenship. The deliberative community rationale is based on an idea of citizenship as performance with residents enacting citizenship by living together and deliberating with each other about common interests and concerns.5This reordering of the concept of community arising out of political practice calls for a full philosophical and rhetorical reimagining of the meaning of citizenship. The act of reimagining citizenship creates a new practice of citizenship and grounds citizenship in a philosophical context as well as a practical one. There is no better philosophical and rhetorical tradition to turn to for this purpose than that of Giambattista Vico. Vico, and to a larger extent the entire tradition of Italian humanism, has been overlooked in modern Western philosophy. Yet Vico embodies a seamless marriage of philosophy and rhetoric. Vico's philosophically grounded rhetoric provides the means in an investigation of EU citizenship as an innovative rhetorical practice beyond nationality, for understanding how new practices become persuasive through imaginative language, until citizens separate citizenship from nationality and accept residence and deliberative practices as legitimate criteria for citizenship. Vico argues that "every study method [End Page 27] may be said to be made up of three things: instruments, complementary aids, and aim envisaged" and notes that "the instruments presuppose and include a systematic, orderly manner of proceeding" (1990, 6). This essay proceeds in this fashion to reveal how a new vocabulary of citizenship... (shrink)

Publication date: 14 June 2017 Source: Author: Javad Momeni, Rasoul Mohsenzadeh, Tahereh Mohsenzadeh, Rasoul Zarchini In this research, we have studied the population of street children in Khorram Abad in Iran, in 2015, with the emphasis on the role of economic and legal factors forcing children to work on the streets. The results of this research show that the issue of child labor is the consequence of both global and local matters. These children are the products of the (...) urban society, poverty, and cultural, legal, and local factors. The research method is a survey, and the statistical population is the street children, aged between 7 to 18 living in Khorram Abad, in 2015. The sample population chosen randomly includes 242 people, and the required information was gathered using the questionnaire and interview technique. In Khorram Abad, Lorestan, economic crisis and parents' misdemeanor are the two main factors that force the children to fill their fathers' missing place by working in the streets. But, gender factors such as being a boy, and cultural factors such as belonging to a specific tribe are influential in the howness of this phenomenon. In this article, we have attempted to use native sources for a better understanding of the local situation of the phenomenon, and have proposed a few solutions to alter the current situation. (shrink)

The main purpose of the study is a comprehensive economic and legal analysis of the loan agreement in agriculture in the conditions of formation and development of elements of post-industrial economy in Ukraine. The research methodology is based on a systematic approach using the method of cognition from abstract to concrete and special methods of economic and statistical research, which helped to ensure the reliability of research results and validity of conclusions. It was found that the loan (...) agreement in agriculture is an economic and legal category that ensures the further development of agriculture in Ukraine in conditions of further integration of our economy to world market on competitive terms. It was determined that expanding the use of the loan agreement in agriculture is a necessary lever to increase production efficiency, formation and constant restoration of a competitive technological base in modern conditions and further development of the whole agro-industrial complex considering the formation of post-industrial economy. It is proved that the application of the mechanism of crediting of agriculture in Ukraine has a positive effect on the development of the agro-industrial sector in Ukraine. It is determined that the current level and availability of lending to the agro-industrial complex in Ukraine are insufficient for quality modernization and achieving a high level of efficiency of agricultural production. The main value of this study is that it analyzes the concept through the prism of two categories, namely: legal and economic. (shrink)

A collection of essays with themes in human rights and legal history, spanning several centuries, containing a tribute to one of the most remarkable jurists of our time. Linked by an historical and contextual approach, these essays add to knowledge of legal history and human rights and provide a reference point for future research.

This book brings together essays on themes of human rights and legal history, reflecting the long and distinguished career of Brian Simpson as an academic writer and a human rights activist. The collection opens with a biography of Simpson's academic life, noting his major contribution to legal thought, and closes with an account of his career in the United States.

For much of the past two centuries, religion has been understood as a universal phenomenon, a part of the “natural” human experience that is essentially the same across cultures and throughout history. Individual religions may vary through time and geographically, but there is an element, religion, that is to be found in all cultures during all time periods. Taking apart this assumption, Brent Nongbri shows that the idea of religion as a sphere of life distinct from politics, economics, or (...) science is a recent development in European history—a development that has been projected outward in space and backward in time with the result that religion now appears to be a natural and necessary part of our world. Examining a wide array of ancient writings, Nongbri demonstrates that in antiquity, there was no conceptual arena that could be designated as “religious” as opposed to “secular.” Surveying representative episodes from a two-thousand-year period, while constantly attending to the concrete social, political, and colonial contexts that shaped relevant works of philosophers, legal theorists, missionaries, and others, Nongbri offers a concise and readable account of the emergence of the concept of religion. (shrink)