Challenges to Legal Theory offers the reader a fascinating journey though a variety of multi-disciplinary topics, ranging from law and literature, and law and religion, to legal philosophy and constitutional law. The collection reflects some of the challenges that the field of legal theory currently faces. It is compiled by a selection of international and Spanish scholars, whose essays are made available in English translation for the first time. The volume is based on a collection of essays, published in Spanish, (...) in honour of Professor José Iturmendi Morales, of Complutense University, Madrid, and brings the rich scholarship of pre-eminent Spanish scholars of law and legal theory to an international audience. (shrink)

Although much recent social science and humanities work has been a revolt against simplification, this volume explores the contrast between simplicity and complexity to reveal that this dichotomy, itself, is too simplistic. John Law and Annemarie Mol have gathered a distinguished panel of contributors to offer—particularly within the field of science studies—approaches to a theory of complexity, and at the same time a theoretical introduction to the topic. Indeed, they examine not only ways of relating to complexity but complexity _in (...) practice._ Individual essays study complexity from a variety of perspectives, addressing market behavior, medical interventions, aeronautical design, the governing of supranational states, ecology, roadbuilding, meteorology, the science of complexity itself, and the psychology of childhood trauma. Other topics include complex wholes in the sciences, moral complexity in seemingly amoral endeavors, and issues relating to the protection of African elephants. With a focus on such concepts as multiplicity, partial connections, and ebbs and flows, the collection includes narratives from Kenya, Great Britain, Papua New Guinea, the Netherlands, France, and the meetings of the European Commission, written by anthropologists, economists, philosophers, psychologists, sociologists, and scholars of science, technology, and society. _Contributors._ Andrew Barry, Steven D. Brown, Michel Callon, Chunglin Kwa, John Law, Nick Lee, Annemarie Mol, Marilyn Strathern, Laurent Thévenot, Charis Thompson. (shrink)

The concept of autonomy plays atleast two roles in moral theory. First, itprovides a source of constraints upon action:because I am autonomous you may not interferewith me, even for my own good. Second, itprovides a foundation for moral theory: humanautonomy has been thought by some to producemoral principles of a more general kind.This paper seeks to understand what autonomyis, and whether the autonomy of which we arecapable is able to serve these roles. We wouldnaturally hope for a concept (...) of autonomy thatis value-neutral rather than value-laden. Thatis to say, we would want the judgement that Iam autonomous to depend wholly on, say,structural features of my psychology, and in noway to require us to make ethical judgements, orother value judgements. Being value-neutral isperhaps desirable in a concept of autonomyserving the first role, and plausiblyindispensible in one playing the second. Ishall argue, however, that value-neutral conceptionsof autonomy are impoverished and out of linewith our intuitions; set out and defendan explicitly value-laden conception ofautonomy; and explore the implications of such a view for theability of autonomy to play the rolesmentioned above. (shrink)

The integration of digital phenotyping in psychiatry promises unprecedented insights into mental health, particularly in college settings where mental well-being is a growing concern. The COVID-19...

This paper examines recent attempts to defend Rule-Consequentialism against a traditional objection. That objection takes the form of a dilemma, that either Rule-Consequentialism collapses into Act-Consequentialism or it is incoherent. Attempts to avoid this dilemma based on the idea that using RC has better results than using AC are rejected on the grounds that they conflate the ideas of a criterion of rightness and a decision procedure. Other strategies, Brad Hooker's prominent amongst them, involving the thought that RC need contain (...) no overarching concern to maximize the good are acknowledged to avoid the original dilemma, but lead to further problems of motivating and justifying RC in the absence of such a concern. The paper argues that Hooker's attempt to deal with these problems by using a 'Reflective Equilibrium plus method is unsuccessful. (shrink)

Stephen Law explores how humanism uses science and reason to make sense of the world, looking at how it encourages individual moral responsibility and shows ...

On one view of ethical development, someone not yet virtuous can reliably progress by engaging in what meaningfully resembles virtuous conduct. However, if the well-intended conduct is psychologically demanding, one's character, precisely because one is not yet virtuous, may worsen rather than improve. This risk of degradation casts doubt on the developmental view. I counter the doubt through one interpretation and one application of the Mengzi. In passage 2A2, invoking the image of a farmer who “helped” the crop grow by (...) pulling the sprouts, MENG Ke cautions, “do not help it grow.” I defend a novel interpretation: do not advance with a naïve negligence about your psycho-physiological constitution. I also show how to advance with realistic care by pointing out an overlooked application of a much-discussed cultivation technique illustrated in Mengzi 1A7: ethical reflection can conciliate one with one’s ongoing or past advanced action, lowering the action’s risk of degradation. (shrink)

Inter‐personal morals should be understood and described in the language of duties, not rights. Rights are self‐centred, duties other‐centred. Whereas duties are primarily a moral construct, rights are primarily a legal construct. There is an important distinction between the language appropriate for inter‐personal morals, and the language appropriate for the morals of the State. The first principle of the morals of the State is that the State holds its power as trustee for the people; otherwise we would face arbitrary (...) and capricious rule. In this setting it is natural and proper to speak of rights—the rights of the citizen beneficiaries against their trustee, the State. However, inter‐personal morals and the morality of the State are inter‐dependent. Without a duty‐based personal morality, the laws which the State makes will tend more and more to be oppressive and contemptuous. And the laws of the State must themselves leave room for personal moral commitment, freely entered into, to flourish. (shrink)

In Mengzi 6A4, Gaozi states that “yì 義 (propriety, rightness) is external, not internal.” In 6A5, Meng Jizi says of yì that “...it is on the external, not from the internal.” Their defenses are met with Mengzi’s resistance. What does he perceive and resist in these statements? Focusing on several key passages, I compare six promising interpretations. 6A4 and a relevant part of 2A2 can be rendered comparably sensible under each of the six. However, what Gaozi says in 6A1 clearly (...) is evidence to Mengzi that, of the six views, Gaozi holds three although he does not convey them in his statement. As for Meng Jiz’s defense of his statement, Meng Jizi cites a special occasion where one is required to act one way even though one would feel a different way. Mengzi’s response has been traditionally interpreted as boiling down to a dissenting opinion about empirical psychology, that the agent on that special occasion would in fact feel the same way as they ought to act. But on a more charitable reading, the point Mengzi makes is conceptual: Though the satisfaction of yì may not require that the feeling and the act align perfectly in this case, cases where the alignment obtains are conceptually prior. This not only refutes Meng Jizi’s statement but also enables a more elegant explanation of why the Mengzi rightly has no record of Mengzi affirming that yì is internal. I conclude that 6A5 itself uniquely favors one interpretation, as far as Meng Jizi’s position is concerned: How one feels is irrelevant to whether one satisfies yì. (shrink)

According to relativists, people who speak simply of what's ‘true’ are naïve. ‘Whose truth?’ asks the relativist. ‘No claim is ever true, period. What's true is always true for someone. It's true relative to a particular person or culture. There's no such thing as the absolute truth on any issue.’ This sort of relativism is certainly popular. For example, many claim that we are wrong to condemn cultures with moral codes different from our own: their moralities are no less (...) valid. Similarly, some claim that while astrology and Feng Shui might be ‘false’ from a Western, scientific viewpoint, they are ‘true’ when viewed from alternative, New Age points of view. What's ‘true’ and what's ‘false’ ultimately depend on where one is standing. Is this sort of relativism about truth tenable? (shrink)

Many people are uncomfortable with the idea that pleasure from certain sources is genuinely beneficial. These sources can be sorted into two classes: ones that involve others’ pain; and ones that involve what seems to be damage rather than benefit to the person involved. Here’s an example of the latter: a woman who claims that she enjoys her work performing in hard-core pornographic films. Some find it hard to take such a claim at face value – they instinctively assume that (...) the woman is insincere or self-deceived.1 The reason seems a strongly paternalistic one: because the activity is assumed to be bad, it’s thought that only someone who was in some way damaged could genuinely like it. A statement from Brian Hill, the director of a documentary about such women, illustrates this: ‘I felt certain that she couldn’t enjoy what she does, that there must be some reason why she’s undergoing this kind of experience. But there was nothing: no messed-up childhood, no sense of pain or humiliation.’ Forced to conclude that the woman in question really does enjoy her work, Hill changes his view to imply that the pleasure gained cannot be truly beneficial: ‘When I hear a young woman talking about doing videos of fisting and asphyxiation, I have to wonder what it’s doing to her – even if she says that she’s having fun.’. (shrink)

Evidence suggests that the incidence of research misconduct is not in decline despite efforts to improve awareness, education and governance mechanisms. Two responses to this problem are favoured: first, the promotion of an agent-centred ethics approach to enhance researchers’ personal responsibility and accountability, and second, a change in research culture to relieve perceived pressures to engage in misconduct. This article discusses the challenges for both responses and explains how normative coherence through values alignment might assist. We argue that research integrity (...) and research ethics convey mixed messages, which are likely to contribute to a form of normative confusion. For the successful adoption of an agent-centred approach, normative coherence is needed between the two. To facilitate normative coherence, we propose that research ethics and research integrity be underpinned by a shared set of moral values that can be enacted via codes and guidelines and imbue research environments. Furthermore, to facilitate culture change, the same normative coherence is necessary at all levels of an institution. Only via values alignment between institutional aims, management, institutional practices and researchers can an ethical culture become truly embedded in research institutions. (shrink)

A new variational method, the principle of least radix economy, is formulated. The mathematical and physical relevance of the radix economy, also called digit capacity, is established, showing how physical laws can be derived from this concept in a unified way. The principle reinterprets and generalizes the principle of least action yielding two classes of physical solutions: least action paths and quantum wavefunctions. A new physical foundation of the Hilbert space of quantum mechanics is then accomplished and it is (...) used to derive the Schrödinger and Dirac equations and the breaking of the commutativity of spacetime geometry. The formulation provides an explanation of how determinism and random statistical behavior coexist in spacetime and a framework is developed that allows dynamical processes to be formulated in terms of chains of digits. These methods lead to a new foundation for Lorentz transformations and special relativity. The Parker-Rhodes combinatorial hierarchy is encompassed within our approach and this leads to an estimate of the interaction strength of the electromagnetic and gravitational forces that agrees with the experimental values to an error of less than one thousandth. Finally, it is shown how the principle of least-radix economy naturally gives rise to Boltzmann’s principle of classical statistical thermodynamics. A new expression for a general nonequilibrium entropy is proposed satisfying the Second Law of Thermodynamics. (shrink)

This essay aims to broaden the understanding of the nature of the physician–patient relationship. To do so, the concept of medical philia that Pedro Laín Entralgo proposes is analysed and is considered taking into consideration the relational trait of the human being and the structure of human action as a story of the permanent tension that exists between freedom and truth, where the ontological foundation of the hermeneutic of the "Gift" and the analogy of “Love” as the central dynamic of (...) this action, helps explain the nature of the doctor-patient relationship as a "friendship relationship". This understanding offers a perspective differing from just the utilitarian considerations of current "patient-centred" approaches and proposed the redirection of the teaching of medicine to more humanistic approaches. The dynamic of the doctor-patient relationship proposed here in its most genuine essence is effectively expressed in physician concrete attitudes that the patient usually captures and relates as the “the doctor’s way of being”. Goya's painting, Self-portrait with Dr Arrieta (1820), can be taken as an outstanding artistic representation of this expanded dimension of the medical act, capturing the “medical friendship” in action. (shrink)

This volume celebrates the career of John Martin Fischer, whose work on a wide range of topics over the past forty years has been transformative and inspirational. Fischer's semicompatibilist view of free will and moral responsibility is perhaps the most widely discussed view of its kind, and his emphasis on the significance of reasons-responsiveness as the capacity that underlies moral accountability has been widely influential. Aside from free will and moral responsibility, Fischer is also well-known for his (...) work on freedom and foreknowledge, the problem of evil, the badness of death, the meaning of life, and the allure of immortality. This volume gathers new essays by leading scholars on some of the major themes of Fischer's work, and it also includes a new piece by Fischer in which he offers a systematic reflection on and defense of the motivations that have shaped his theorizing about moral responsibility. Freedom, Responsibility, and Value will be of interest to scholars and students working on a variety of issues in metaphysics, ethics, and philosophy of religion. (shrink)

This paper argues that the demands of respect for autonomy in the context of biobanking are fewer and more limited than is often supposed. It discusses the difficulties of agreeing a concept of autonomy from which duties can easily be derived, and suggests an alternative way to determine what respect for autonomy in a biobanking context requires. These requirements, it argues, are limited to provision of adequate information and non-coercion. While neither of these is in itself negligible, this is a (...) smaller set of demands than is often suggested. In particular, it is argued here that securing ‘one time consent’ is consistent with respect for autonomy. Finally, the paper notes that while the demands of respect for autonomy may be less than some suppose, respecting autonomy is not the only way in which biobanks and their users may have moral duties to donors. (shrink)

We conducted a scoping review to map and critically examine the knowledge, perceptions and utilization of generics and biosimilars, among physicians, pharmacists, patients, the general population, and other stakeholders from LAC.

In the late 1990s, Mexican feminists mobilized transnationally to demand state accountability for the feminicidios of women in Ciudad Juarez. Feminicidio refers to the misogynous killing of women and the state’s complicity in this violence by tolerating it with impunity. Drawing on debates of the Mexican Federal Congress and interviews with feminist state and non-state actors, I examine feminist legislators’ response to transnational activism, which was to pass the “General Law on Women’s Access to a Life Free of Violence” and (...) to create the penal-type code of feminicidio, which includes provisions to punish negligent state actors. These laws make the state a target of its own punitive power. To pass these acts, feminist legislators faced resistance from male legislators and the Federal Executive. I build on feminist institutionalism to theorize this resistance as gendered. Gendered state resistance was pervasive because feminist legislators practiced accountability by identifying the complicity of state institutions, including Congress, in perpetuating feminicidio. As part of the process, they built alliances with other female legislators and framed their arguments with notions of modern statehood. Although this framing strategy resulted in innovative legal change, I interrogate the assumption that modernity is the solution to feminicidio, because it can lead gendered state resistance to manifest as a simulation of accountability. (shrink)

Resumen Este artículo da cuenta de la forma en que el liberalismo del filósofo chileno Jenaro Abasolo (1833-1884), al conceder un rol activo al Estado en la “habilitación de la masa desheredada”, responde al adjetivo “social”. En Abasolo, el deber de asegurar en lo posible la prosperidad de las personas, se sostiene en el derecho natural y en una teología de la historia pan[en]teísta afín al krausismo. Abasolo piensa que la redención del desheredado en naciones aun juveniles debe apoyarse en (...) una forma de Estado “casi socialista”. Esto implica una acción de centralización y de tutela del pueblo que enfrenta a los autores del artículo a la gran dificultad de determinar cómo el autor chileno realiza la transición de una habilitación consumada a través de un buen grado de despotismo, hacia la libertad. Es decir, resulta controversial establecer la factibilidad de la realización de esta vía cuasi socialista a un liberalismo contrafácticamente orientado por el laissez faire. Abstract This article shows how the liberalism of the Chilean philosopher Jenaro Abasolo (1833-1884), by granting an active role to the State in the “empowerment of the disinherited mass”, responds to the adjective “social”. In Abasolo, the duty to ensure as far as possible the prosperity of the people is based on natural law and on a pan[en]theistic theology of history akin to Krausism. Abasolo thinks that the redemption of the disinherited in even juvenile nations must be supported by an “almost socialist” form of state. This implies an action of centralization and guardianship of the people that confronts the authors of the article with the great difficulty of determining how the Chilean author makes the transition from an empowerment consummated through a good degree of despotism, towards freedom. That is to say, it is controversial to establish the feasibility of the realization of this quasi-socialist path to a liberalism counterfactually oriented by laissez faire. (shrink)

The inclusion of antimicrobial resistance (AMR) and increased research and development (R&D) capabilities in the most recent outline of the World Health Organization’s (WHO’s) international pandemic instrument signals an opportunity to reshape pharmaceutical R&D system in favour of antimicrobial product development. This article explains why the current innovation ecosystem has disadvantaged the creation of antimicrobial products for human use. It also highlights how the COVID-19 pandemic experience can inform and stimulate international cooperation to implement innovative R&D incentives to bring new, (...) life-saving antimicrobial products to the market. (shrink)

Much recent work on Kant's argument that the Categorical Imperative is the fundamental principle of morality has focused on the gap in that argument between the conclusion that rational agents conform to laws that apply to every rational agent, and the requirement contained in the Universal Law of Nature formula.1 While it seems plausible – even trivial– that a rational agent, insofar as she is a rational agent, conforms to whatever laws there are that are valid for all (...) rational agents, there does not appear to be any obvious route from this seemingly trivial claim to the controversial and substantive principle of acting only on maxims that one can at the same time rationally will every rational agent to act on.2 In what follows, I argue that the connection between rational agency and mere conformity to universally valid laws is not as trivial as it may seem. Many readers, I suspect, assume that Kant makes the trivial claim about rational agency because rational agency is rational, and being rational requires conforming to those laws that apply to all rational beings. For instance, this assumption is implicit in Onora O'Neill claim that "the interest of a Kantian universality test is that it aims to ground an ethical theory on notions of consistency and rationality rather than upon considerations of desire and preference."3 But, as I contend in what follows, the requirement to conform to laws valid for all rational agents is based on the fact that rational agency is, not rational, but agency. Indeed, the arguments leading to the first formulation of the Categorical Imperative rely on the idea of rational willing as a kind of causation in order to show this. And, as it turns out, the claim that the concept of causation contains the idea of conformity to universally valid laws is not a trivial claim. (shrink)

An ethic for wrongdoers -- Repaying moral debts : self-punishment and restitution -- Changing one's heart, changing the past : repentance and moral transformation -- Reforming relationships : the reconciliation theory of atonement -- Forgiveness, self-forgiveness, and redemption -- Making amends for crime : an evaluation of restorative justice -- Collective atonement : making amends to the Magdalen penitents.

In this thought-provoking book, Eli Foster Ritter explores the relationship between moral and civil law, arguing that they are different aspects of the same fundamental system of justice. With insightful analysis and persuasive argumentation, Ritter challenges readers to reconsider their assumptions about the nature of law and the role it plays in society. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is (...) in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Kant's Moral Law: Groundwork of the Metaphysics of Morals ranks with Plato's Republic and Aristotle's Ethics as one of the most important works of moral philosophy ever written. In Moral Law, Kant argues that a human action is only morally good if it is done from a sense of duty, and that a duty is a formal principle based not on self-interest or from a consideration of what results might follow. From this he derived his famous and (...) controversial maxim, the categorical imperative: "Act as if the maxim of your action were to become by your will a universal law of nature." H. J. Paton's translation remains the standard in English for this work. It retains all of Kant's liveliness of mind, suppressed intellectual excitement, moral earnestness, and pleasure in words. The commentary and detailed analysis that Paton provides is an invaluable and necessary guide for the student and general reader. (shrink)

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

In the second Critique, Kant claims that the moral law is given as a fact of reason. In this paper, contra the standard view, I argue that there is a non-dogmatic way of defending this claim. And Kant’s principle of morality is widely taken to be a formal principle. How then can such a formal principle be reconciled with our substantial moral end? In this paper, I also argue that Kant’s principle of morality can be construed as a (...) formal principle in the sense that it provides correctness conditions for moral laws, rather than providing specific moral laws.Dans sa deuxième Critique, Kant affirme que la loi morale se donne comme un fait de raison. Dans cet article, contrairement à la position standard, nous prétendons qu’il existe une autre façon — non dogmatique — de défendre cette affirmation. Par ailleurs, le principe de moralité de Kant est largement considéré comme étant formel. Comment un tel principe formel peut-il être réconcilié avec notre fin morale substantielle? Nous soutenons également que le principe de moralité de Kant peut être interprété comme un principe formel dans le sens où il fournit des conditions d’acceptabilité pour les lois morales, et non des lois morales spécifiques. (shrink)

Few books have had as great an impact on intellectual history as Kant's The Moral Law. In its short compass one of the greatest minds in the history of philosophy attempts to identify the fundamental principle 'morality' that governs human action. Supported by a clear introduction and detailed summary of the argument, this is not only an essential text for students but also the perfect introduction for any reader who wishes to encounter at first hand the mind of one (...) of the finest and most influential thinkers of all time. (shrink)

This book offers an original intersection of concepts from Immanuel Kant’s moral command ethics and Søren Kierkegaard’s existential ethics. The Kantian formulation of moral law is based on theoretical ground while Kierkegaardian ethics of the quest for selfhood views it as the very act of living. The present work provides an account of both these perspectives and questions whether these approaches to morality are mutually exclusionary. Using Slavoj Žižek’s ‘parallax view’ in the realm of morality, it argues that (...) moral philosophy must engage with a constant critique of ‘difference’ around which the transformation of our various perspectives to morality revolves. This work appeals for furtherance of the conversation model and participation of perspectives to transcend ‘positional confinement’. It advocates the traversing of the ethical parallax to allow for intellectual openness and an empathetic perception of the ‘other’. (shrink)

It appears that light may be thrown on the nature of moral principles if they are construed as moral laws analogous to ceteris-paribus laws of nature. Luke Robinson objects that the analogy either cannot explain how moral principles are necessary or cannot explain how obligations can be pro-tanto; and that a dispositional account of moral obligation has explanatory superiority over one in terms of moral laws. I explain the analogy, construing laws (...) of nature as necessary relationships after the fashion of William Kneale and Karl Popper. I then show that Robinson’s objections are mistaken and that if the difference between a dispositional account and a law account is not merely verbal, then it is the law account that is superior. I also dispel the common confusion between the necessity of laws and the existence of forces. (shrink)