The spinal cord provides an alternative model for nerve tissue grafting experiments. Anatomo-functional correlations are easier to make here than in any other region of the CNS because of a direct implication of spinal cord neurons in sensorimotor activities. Lesions can be easily performed to isolate spinal cord neurons from descending inputs. The anatomy of descending monoaminergic systems is well defined and these systems offer a favourable paradigm for lesion-graft experiments.

In this book Saul Kripke brings his powerful philosophical intelligence to bear on Wittgenstein's analysis of the notion of following a rule.

: We discuss the role that transnational corporations should play in developing global governance, creating a framework of rules and regulations for the global economy. The central issue is whether TNCs should provide global rules and guarantee individual citizenship rights, or instead focus on maximizing profits. First, we describe the problems arising from the globalization process that affect the relationship between public rules and private firms. Next we consider the position of economic and management theories in relation to the (...) social responsibility of the firm. We argue that instrumental stakeholder theory and business and society research can only partially solve the global governance issue, and that more recent concepts of corporate citizenship and republican business ethics deliver theoretically and practically helpful, fresh insights. However, even these need further development, especially with regard to the legitimacy of corporate political activity. (shrink)

This revised edition of The Idea of Private Law makes one of the major works of modern legal theory accessible to a new generation of lawyers and students. It includes a new introduction by the author, looking back at the work, its origins, and its aspirations.

2Public space is an old habit. The words public space are deceptive; when I hear the words, when I say the words, I’m forced to have an image of a physical place I can point to and be in. I should be thinking only of a condition; but, instead, I imagine an architectural type, and I think of a piazza, or a town square, or a city commons. Public space, I assume, without thinking about it, is a place where the (...) public gathers. The public gathers in two kinds of spaces. The first is a space that is public, a place where the public gathers because it has a right to the place; the second is a space that is made public, a place where the public gathers precisely because it doesn’t have the right—a place made public by force.3In the space that is public, the public whose space this is has agreed to be a public; these are people “in the form of the city,” they are public when they act “in the name of the city.” They “own” the city only in quotes. The establishment of certain space in the city as “public” is a reminder, a warning, that the rest of the city isn’t public. New York doesn’t belong to us, and neither does Paris, and neither does Des Moines. Setting up a public space means setting aside a public space. Public space is a place in the middle of the city but isolated from the city. Public space is the piazza, an open space separated from the closure of alleys and dead ends; public space is the piazza, a space in the light, away from the plots and conspiracies in dark smokey rooms. Vit Acconci’s latest show, entitled “Public Places,” was held in 1988 at the Museum of Modern Art, New York. He is currently at work on a park in Detroit, a pedestrian mall in Baltimore, and a housing project in Regensburg, Germany. (shrink)

We develop and defend a distinction between two types of self-censorship: public and private. First, we suggest that public self-censorship refers to a range of individual reactions to a public censorship regime. Second, private self-censorship is the suppression by an agent of his or her own attitudes where a public censor is either absent or irrelevant. The distinction is derived from a descriptive approach to self-censorship that asks: who is the censor, who is the censee, and how do (...) they interact? We label situations in which censor and censee are different agents as public self-censorship, and situations in which they are the same agents as private self-censorship. We demonstrate the salience of this distinction by analysing the case of publication of Mohammed cartoons by the Danish newspaper Jyllands-Posten. Our analysis reveals the presence and interaction of a number of different instances of private and public self-censorship. While our article is primarily concerned with establishing this novel descriptive distinction between public and private self-censorship, our analysis has important evaluative implications. We explain for instance how Jyllands-Posten was laudable as a public self-censor but not so as a private self-censor. In general, our analysis reveals that the agents and processes involved in public and private self-censorship are substantively different, as are the agents to whom normative principles regarding censorship should be applied. In particular, principles of free speech do not apply to the case of private self-censorship, because while an instance of censorship, the absence of an external censor makes the censorship non-coercive. (shrink)

This study was designed to survey the extent to which private companies in Sweden take structural measures within the field of business ethics: Codes of Ethics; Ethics Committees; Ethics Officers and Ethics Training. This was done in two steps. Through a nation-wide telephone survey, a population of "active" companies were identified. These companies received a questionnaire with detailed questions regarding the design, usage and effects of these measures. The percentage of active companies were found to be a high 46%. (...) National and industry characteristics are proposed as explanatory factors. (shrink)

Enterprise philanthropy is practiced in a very unique and rudimentary form in China. Based on a unique random survey data on 3837 Chinese private enterprises conducted in 31 provinces of China in 2006, I find the significant positive relationship between enterprise philanthropy donation and enterprise profitability, and the result supports the political and institutional power view of enterprise philanthropy in the latest development of China. Simply put, Chinese private enterprises carried out philanthropy activities to better protect property rights (...) and nurture political connections, which in turn, leads to better enterprise profitability. The␣result is even stronger in institutions weaker provinces. (shrink)

In China, many private entrepreneurs have obtained political offices in the government. In this study, we argue that Chinese private entrepreneurs who are formally connected with government institutions, compared to other Chinese private entrepreneurs, tend to contribute more to philanthropic causes not only for instrumental concerns but also out of altruistic values. We submit this argument to an empirical test through a secondary data analysis of a representative sample of Chinese entrepreneurs collected by a coalition of government (...) and industry groups. The results of this analysis show that politically connected entrepreneurs are more likely to make major philanthropic donations and, at the same time, hold a stronger sense of the responsibility for doing so. The most important contribution of this research is that it reveals the ethical basis of the philanthropic activities of Chinese private entrepreneurs, especially those with political connections, that has been unappreciated by extant literature. (shrink)

The article argues that persons should be conceived as self-owners and entitled to acquire private property within justifiable property conventions because they should be able to live as project pursuers. This is the ‘project pursuit argument’. It leads to a conception of self-ownership that is stringent, but weaker than standard libertarian notions of self-ownership, and to an understanding of private property as a convention that has to meet a sufficientarian threshold in order to be justifiable.

This article studies institutional investor allocations to the socially responsible asset class. We propose two elements influence socially responsible institutional investment in private equity: internal organizational structure, and internationalization. We study socially responsible investments from Dutch institutional investments into private equity funds, and compare socially responsible investment across different asset classes and different types of institutional investors (banks, insurance companies, and pension funds). The data indicate socially responsible investment in private equity is 40–50% more common when the (...) decision to implement such an investment plan is centralised with a single chief investment officer. Socially responsible investment in private equity is also more common among institutional investors with a greater international investment focus, and less common among fund-of-fund private equity investments. (shrink)

In this paper, we analyze some of the ethical dimensions of going private transactions (GPTs), wherein publicly traded firms are taken private. Financial theory suggests that efficiencies may be realized in these transactions such that outside shareholders are made better off. Empirical evidence supports this theory. We therefore argue that GPTs are not inherently exploitive or unethical. The issues of the fiduciary duty of corporate managers to shareholders and their obligations to non-shareholders are also explored.

In this study, we developed a model of unethical behavior intentions, collected data from managers of the private (n = 208) and the public (n = 307) sectors in the Republic of Macedonia, and tested our model across these two sectors. Results suggested that for both sectors, unethical behavior intentions were not related to the love of money and corporate ethical values, whereas irritation was negatively related to life satisfaction. Moreover, corporate ethical values were related to life satisfaction for (...) the private sector only, whereas the love of money and unethical behavior intentions were related to irritation for the public sector only. Managers in the private sector had higher corporate ethical values, lower unethical behavior intentions, lower irritation, and higher life satisfaction than those in the public sector. There was no difference in the love of money. There were more bad apples in the public sector (34.85%) than in the private sector (23.56%). The strongest factor of unethical behavior intentions in the private and the public sectors was theft and corruption, respectively. Finally, for the culture-free (etic) model, the love of money was positively related to irritation. Corporate ethical values had a positive "double-whammy" effect: reducing irritation and enhancing life satisfaction. Unethical behavior intentions were positively related to irritation (a mediator), which was negatively related to life satisfaction. Our theory provides new insights regarding doing business in the Republic of Macedonia. (shrink)

?258 of Wittgenstein's Philosophical Investigations is often seen as the core of his private language argument. While its role is certainly overinflated and it is a mistake to think that there is anything that could be called the private language argument, ?258 is an important part of the private language sections of the Philosophical Investigations. As with so much of Wittgenstein's work, there are widely diverse interpretations of why exactly the private diarist's attempted ostensive definition fails. (...) I argue for a version of the no-stage-setting interpretation of the failure of private ostension. On this interpretation, the reason why the diarist cannot establish a meaning for ?S? is that she lacks the conceptual-linguistic stage-setting needed to disambiguate the concentration of her attention (the private analogue of an ostensive definition). Thus, the problem with any subsequent use of ?S? is not that there is no criterion of correctness for remembering the meaning of ?S? correctly, or for re-identifying S correctly in the future. Rather, it is because of the initial failure to define ?S? that there is nothing that could count as a criterion of correctness for the future use of ?S?; there is nothing to remember or re-identify. My argument for the no-stage-setting interpretation consists in showing how well it fits into the rest of the Philosophical Investigations and in defending it against objections from Robert J. Fogelin, Anthony Kenny, and most recently John V. Canfield. Kenny's and Canfield's objections are found to suffer from problems regarding memory scepticism. (shrink)

Spirituality in the workplace is gaining recognition and value among researchers, academicians, and business professionals. The aim of this paper is to examine the impact of spirituality in the workplace on job satisfaction by measuring four dimensions of spirituality in the workplace: meaningful work, sense of community, organizational values, and compassion. The impact of each dimension on job satisfaction is hypothesized. A cross-sectional survey was used to collect data from 100 payroll employees in private insurance companies in Punjab. A (...) correlation analysis showed a positive relationship between all the dimensions of spirituality in the workplace and job satisfaction. A regression analysis revealed that although all the dimensions of spirituality in the workplace are important, organizational values and a sense of community are the most important in terms of the job satisfaction level of employees. This work will help insurance companies to better understand the concept of spirituality in the workplace and its importance. Insurance companies can improve their functioning by encouraging employee spirituality in the workplace. (shrink)

Autocommunication, communication with oneself, may become distinct from communication with an “other” both in form and function. Autocommunication has a special role in the development of thinking in small children, as differentiation of speech for oneself, known as “private speech,” from communication for social purposes entails the child’s organization of her or his own cognition and behavior with the aid of symbols. Recent studies have suggested that speech distinctly for the child him or herself is particularly observable during what (...) is called “crib speech” and thus it appears to support already early language acquisition. The purpose and functions of crib speech in child development have been topics of interest until recently, but they are still debated. In autocommunication, instead of transfer of signs from one mind to another as when in communication with an “other,” there is transfer of signs from one state of mind to another, as in the case of recalling something with the help of signs. Next to this mnemonic type autocommunication, Juri Lotman was interested in the type in which textual devices within a text guide the communicative interpretation in relation to the text itself, particularly characteristic to poetry. The paper provides a semiotic analysis of crib speech in terms of Lotman’s concept of autocommunication explaining its particular appearance both in form and content, as well as what initiates and inspires it for the small child and why does it bring such joy. From the point of view of semiotics, crib speech presents as an exceptionally rich phenomenon. In addition to being small children’s language practice, crib speech appears as language play, if not poetry, serving as a modelling system for enacting and representing the world as it appears for the small child. (shrink)

Chater & Loewenstein argue that i-frame research has been coopted by private interests opposed to system-level reform, leading to ineffective interventions. They recommend that behavioural scientists refocus on system-level interventions. We suggest that the influence of private interests on research is problematic for wider normative and epistemic reasons. A system-level intervention to shield research from private influence is needed.

This essay offers a reading of Rousseau and Durkheim against the background of the current debate between those labeled liberals and those labeled communitarians. I show how the present false option of the debate (defend "the individual" or protect "the community") deflects our thought from a more promising direction that attempts to relate--not merely juxtapose--liberalism to communitarianism. Both Rousseau and Durkheim offer a middle way between liberalism and communitarianism, thereby rescuing us from the forced option. Durkheim's middle way, however, unlike (...) Rousseau's, fails to address the contingent yet seemingly irradicable tension between the private and public in liberal society. I conclude by championing Rousseau over Durkheim precisely because Rousseau is willing to entertain such friction. (shrink)

The article uses Israel’s volatile jurisdictional dynamics of the past two decades concerning access to religious community justice, as a telling case for examining the way legal pluralism is deployed along the public–private divide. The Israeli case exhibits a complex combination of an ostensibly liberal democratic regime, a commitment to a particularistic ethno-national political project, structural entanglements of state and religion against the backdrop of an unsettled constitutional order, and an historically diffuse mode of often-illiberal normative ordering within its (...) diverse religious communities. All this provides a rich backdrop for various strategies by communal and institutional elites seeking to consolidate power, legitimacy, and authenticity in their often mutually-reliant jurisdictional projects. The article explores several salient episodes from Israel’s religious jurisdiction dynamics, focusing for purposes of analytical clarity on the case of Jewish orthodox legality. The analysis uncovers the main strategies stakeholders resort to, and shows how agency flows in different ways, with the choices of each player affecting the possibilities of the others. The institution at the arguable top of the system—the Supreme Court—is shown to be often devoid of effective means of elucidating, let along imposing, a coherent vision for a fragmented jurisdictional field. Conceptually, the judicial forum is revealed as the locus of an ongoing, uneasy engagement among normative imaginaries in a sometimes-competitive, sometimes-collaborative negotiation over coherence, tolerance, authority, and legitimacy. (shrink)

This paper examines the political significance of discursive activity in the private sphere in the thought of Hannah Arendt, Václav Havel, and Victor Klemperer. Against criticisms of Arendt which claim that she pays too much attention to the public sphere and consequently misses the importance of the private sphere in her analysis of political action, this paper highlights important insights in Arendt’s writing on family and friendship and the ability of these relationships to act as havens where discourse (...) can thrive. What emerges from the analysis is a rich agonistic discourse ethics. The paper employs the respective thought of Havel and Klemperer to highlight Arendt’s work on the political significance of private virtues for promoting an awareness of responsibility. This position is then defended against the criticisms of discourse ethics offered by Chantal Mouffe. (shrink)

The aim of this study was to determine the opinions of private medical practitioners in Bloemfontein, South Africa, regarding euthanasia of terminally ill patients. This descriptive study was performed amongst a simple random sample of 100 of 230 private medical practitioners in Bloemfontein. Information was obtained through anonymous self-administered questionnaires. Written informed consent was obtained. 68 of the doctors selected completed the questionnaire. Only three refused participation because they were opposed to euthanasia. Respondents were mainly male (74.2%), married (...) (91.9%) and Afrikaans-speaking (91.9%). More were specialists (53.2%) than general practitioners (46.8%). A smaller percentage (35.5%) would never consider euthanasia for themselves compared to for their patients (46.8%). The decision should be made by the patient (50%), the patient’s doctor with two colleagues (46.8%), close family (45.2%) or a special committee of specialists in ethics and medicine (37.1%). The majority (46.9%) indicated that euthanasia should be performed by an independent doctor trained in euthanasia, followed by the patient’s doctor (30.7%). Notification should mainly be given to a special committee (49.9%). Only 9.8% felt that no notification was necessary. There was strong opposition to prescribing of medication to let the patient die. Withdrawal of essential medical treatment to speed up death was the most acceptable method. Although the responding group was fairly homogeneous, responses varied widely, indicating the complexity of opinions. (shrink)

Old-age income protection is provided in wealthy democracies by publicly funded defined-benefit pensions. Budgetary challenges have forced policy makers to consider private alternatives to these traditional systems. I consider the shortcomings of private saving arrangements in duplicating the advantages of public pensions. Some shortcomings can be overcome by introducing compulsory elements into private saving plans. Worker contributions into such plans could be mandatory; some or all worker accumulations in the plans could be converted to annuities at retirement; (...) and workers’ investment choices could be narrowly circumscribed. These restrictions do not eliminate the biggest weakness of private saving plans. Fluctuations in asset prices make it hard even for well-informed savers to select an affordable saving rate and an investment strategy that will assure decent income in old age. Public pension systems partly insulate workers against economic and financial market risks by sharing those risks broadly across workers, retirees, and taxpayers in multiple generations. (shrink)

This paper uses distinctions between differing senses of “private,” “public” and “political” in the United States to argue for the value of framing food issues as a collective problem that calls for broadscale demands for justice. We argue that food choices do not simply belong to the realm of private preferences and market transactions. Rather, they are a set of decisions that have systemic causes and public consequences. They are shaped and constrained by public policies that underwrite the (...) transportation of food over long distances as well as particular crops and foodstuffs, and by the vendors and advertisers who try to convince us to eat more of the foods they produce. Because the consequences of eating an abundance of empty calories are not easily remedied at the personal level, citizens need to demand public, systemic solutions, including better food information, youth food education, and a healthier food supply. (shrink)

Contemporary global politics is characterized by an increasing trend toward experimental forms of governance, with an emphasis on private governance. A plurality of private standards, codes of conduct and quality assurance schemes currently developed particularly, though not exclusively, by TNCs replace traditional intergovernmental regimes in addressing profound global environmental and socio-economic challenges ranging from forest deforestation, fisheries depletion, climate change, to labor and human rights concerns. While this trend has produced a heated debate in science and politics, surprisingly (...) little attention has been paid on the effects of private governance on questions of distribution and justice. This is highly problematic. At the beginning of the twenty-first century global inequalities are greater than ever before, while rapid economic, social, political, and environmental changes threaten to further derail sustainable development and humanitarian objectives. If private governance creates or intensifies some of the pressing global inequalities (e.g., food security), and alleviates others (e.g., environmental degradation), from a business ethics perspective, we need to know which aspects need to be strengthened and where appropriate interventions are necessary and desirable. This paper proposes a framework to examine and classify the distributive outcomes of private governance institutions through the lenses of one particular approach to distributive justice, the capability approach. Empirically, it focuses on agrifood one area where the controversy regarding the distributive concerns of private governance are particularly pronounced. (shrink)

Dynamic Epistemic Logic (DEL) is the study of how to reason about knowledge, belief, and communication. This paper studies the relative expressivity of certain fragments of the DEL language for public and private communication. It is shown that the language of public communication with common knowledge and the language of private communication with common knowledge are expressively incomparable for the class of all pointed Kripke models, which provides a formal proof that public and private communication are fundamentally (...) different in the presence of common knowledge. It is also shown that single-recipient private communication does not add expressive power to the language of modal logic with common knowledge for any class of transitive pointed Kripke models. The latter result provides a sense in which positive introspection—believing our own beliefs—induces a kind of self-dialog. (shrink)

Marriage is ordinarily a public practice, supported by, as well as supportive of, society. But it need not fall within the purview of the state. Public Practice, Private Law articulates a conception of marriage as a morally rich and important institution that ought to be subject to private rather than legislative or judicial ordering. It elaborates a robust understanding of marriage that captures what both different-sex and same-sex couples might see as valuable about their relationships. It explains why (...) sexual ethics won't yield a normative model of marriage, and why the kind of marital love worth wanting, can. It goes on to show how an understanding of marriage as rooted in demanding commitments can allow for divorce before arguing that the state should cease to sponsor marriages. It concludes by suggesting that both state and non-state institutions should acknowledge the marriages of same-sex couples. (shrink)

The rise of private standards, including those involving multi-stakeholder processes, raises questions about whose interests are served and the kind of power that is exerted to maintain these interests. This paper critically examines the battle for ideas—the way competing factions assert their own narratives about value chain relations, the role of standards and related multi-stakeholder processes. Drawing on empirical research on the horticulture and floriculture value chains linking Kenya and the United Kingdom, the analysis explores the framing of sustainability (...) issues, especially around labor issues and good agricultural practice, and the choice of response with respect to private standards and multi-stakeholder initiatives since the late 1990s. We identify four competing narratives currently in play: a dominant global sourcing narrative, a pragmatic development narrative, a broader development narrative and a narrative we term potentially transformative. This last narrative is currently emerging through the unpacking of narratives in relation to the framing of sustainability problems and solutions, and in terms of legislative, executive and judicial governance. The paper contributes to emerging understanding of power in value chains, moving beyond material power to a consideration of how ideational power is exerted and resisted. (shrink)

This article discusses the disability insurance industry in order to provide context regarding the potential impact of genetic testing on disability insurance. It describes disability income insurance, exploring both the protection it offers and its main contract provisions. It goes on to describe the private insurance market and the differences between group and individual insurance, and concludes with implications of genetic testing with respect to the private disability insurance market. The individual disability income insurance market is theoretically of (...) great interest as a matter of public policy since there is potential for unfair discrimination through genetic testing although this remains very unlikely as a matter of practice, however.It is more likely that a person will become disabled than die before age 65. The loss of income during a disability can be quite devastating. In contrast to the high risk and high impact of disability are the realities of the disability market. (shrink)

This article analyzes doctor–patient communication at admission interviews in an outpatient mental health care service at a public hospital in Buenos Aires, Argentina. These interviews are the first contact between professionals and patients, and they result in the admission or rejection of the latter into the medical institution. In particular, we observe how context, understood as a sociocognitive and scalar concept, is reshaped with gaze direction and agenda-setting through interaction, resulting in three hierarchical spaces which can be represented as degrees (...) in a scale: the public, the private, and the intimate level. This description will allow us to understand a series of communicative difficulties that may result from scale maladjustments, in which professionals interact with patients at different levels and therefore cannot give adequate feedback to satisfy mental health care needs. (shrink)

This paper will attempt to defend the thesis that it is impossible to understand the proper role of private philanthropy in a free and democratic society without examining certain fundamental questions about the proper roles of the state and about the rights and obligations of owners of private property. It will defend that thesis by presenting arguments for four subordinate theses: there are historical and philosophical reasons for being skeptical about the role of private philanthropy in a (...) free and democratic state; these reasons can be met by certain familiar responses, but these responses are not fully satisfactory; certain radical libertarian views, and more moderate versions of those views, would provide a basis for an alternative understanding of the role of private philanthropy in a free and democratic state; whether or not one accepts those views, one can also better understand that role if one adopts a view of the state which emphasizes its role in the promotion of the virtues. Historical and Philosophical Doubts The skeptical challenge to the claim that there is an important role for private philanthropy in a free and democratic state can be put very simply. It is the challenge that the emergence of strong but democratic states, with the concurrent emergence of a proper understanding of the extensive nature of legitimate state functions, has undercut the need for private philanthropy and its corresponding favorable tax treatment. It is the further claim that these developments, both historical and conceptual, have left private philanthropy with no significant role. (shrink)

There are intriguing hints in the works of Stanley Cavell and Stephen Mulhall of a possible connection between ethics and Wittgenstein’s remarks on private language, which are concerned with expressions of Empfindungen: feelings or sensations. The point of this paper is to make the case explicitly for seeing such a connection. What the point of that is I will address at the end of the paper. If Mulhall and Cavell both know their Wittgenstein and choose their words carefully, which (...) I will take as given, then the (to me) irresistible inference is that they see a connection between Wittgenstein’s thoughts on ethics and his thoughts on private language. Yet this connection has not, as far as I know, been made explicit. Can it be? Should it be? These are my questions. Even if no one ever intended a connection between the “Lecture on Ethics” and the remarks on private language, those remarks do at least touch on issues raised in the lecture, and it is worth thinking about what the author of those remarks would say about the lecture. So in this paper I summarize the “Lecture on Ethics” (in part I), look at the private language remarks themselves (in part II), and then apply some ideas from these remarks to the “Lecture on Ethics” in part III. My conclusion will be that Wittgenstein’s later remarks are largely consistent with his earlier ones, the main difference being that some of what he first called nonsense he later called secondary meaning. One result of this change is that attempts to express the feelings that Wittgenstein regards as fundamental to ethics, aesthetics, and religion are first treated as doomed to result in nonsense but later as risky. Like cries of pain, they might or might not find a sympathetic audience. (shrink)

This volume contributes to the debate on the distinction between public and private spheres with regard to the role of religion in modern societies. This issue which is inherent to many conceptions regarding social order, modernity, freedom of conscience, and the changing role and function of religion is discussed not only from a social scientific but also from a historical and philosophical point of view.

This essay examines the administrative state as a ubiquitous phenomenon that results in part from the mismatch of incentives. Using two dramatic episodes in the history of economics, the essay considers two types of mismatch. It then examines how economists increasingly endorsed the “general good” as a unitary goal for society, even at the expense of private hopes and desires. More than this, their procedures and models gave them warrant to design mechanisms and advocate for legislation and regulations to (...) “fix” the supposedly suboptimal choices of individuals in service to the overarching goal. The rise of New Welfare Economics dealt an additional blow to the sovereignty of individual motivations, notwithstanding that Hayek and Buchanan warned that this engineering approach allowed social goals to override individual preferences. Throughout, the argument is that it is important to recognize that people within or advising the administrative state are influenced by the same sorts of motivations as actors throughout the economy. (shrink)

This book is a large-scale historical reconstruction of liberal legalism, from its inception in the mid-nineteenth century, the moment in which the jurists forged the alliance between political liberalism and legal expertise embodied in classical private law doctrine, to the contemporary anxiety about the possibility of both a liberal solution to the problem of political justification and of law as a respectable form of expert knowledge. Each stage in the history is a moment of synthesis between a substantive and (...) a methodological idea. The former is the liberal political theory of the period, purporting to provide a solution to the problem of political justification. The latter is a conception of legal method or science, supposedly vindicating the access of the expert to the political choices embodied in the law. Thus, each moment in the history of liberal legalism integrates a political theory with a jurisprudential conception. Although it reaches the unsettling conclusion that liberal legalism has largely failed by its own standards, the book urges us to avoid quietism, skepticism or cynicism, in the hope that a deeper understanding of the fragility of our values and institutions inspires a more thoughtful, broadminded and nurtured citizenship. (shrink)

This Article examines what form the public/private distinction takes in contemporary legal consciousness. It proposes that while the public/ private distinction is still an important component of contemporary legal consciousness, the content of each sphere, their stability as distinct spheres, and their interaction with each other have significantly changed. This transformation occurred primarily due to the rise of the regulatory state and the increased visibility of the interconnectedness of the spheres due to public ordering of private activity (...) in an age of widespread privatization. The current state of the distinction challenges courts, when these are asked by petitioners to define the proper scope of the spheres and decide on their boundaries. The Article critically examines the Israeli High Court of Justice decision in a prison privatization case, as a case that reflects the mismatch between the traditional understanding of the public/private distinction and a much messier reality in which the private and public spheres keep changing, and intermingling in new ways. (shrink)

One of the assumptions of our legal system is that when a violation of law has occurred, we (society) should provide a remedy for individuals who were harmed. More specifically, we should provide them with corrective remedies—remedies that place them as nearly as possible in the position they would be in if no wrong had occurred. This principle is not universal. There are legal wrongs, usually statutory, for which only public officials can seek a judicial remedy. And where private (...) remedies do apply, not all the effects of a legal wrong are covered. But in general, individuals who have suffered legal wrongs are entitled to remedies that relieve the effects of the wrong and return them to their “rightful position.”. (shrink)

This paper explores Peter Jaffey’s views on the trust and fusion and some aspects of his wider private law theory which impact on his view on trusts law. It shows that, although he is correct that the trust involves both proprietary and personal rights, in the end his theory is ahistorical and unDworkinian, despite his acceptance of a view of law based on Dworkin. His theory is also based on implausible views of the role of equity post-Judicature Acts and (...) the ownership of value and does not adequately fit how trusts law works. (shrink)

Richard Rorty reimagined the traditional liberal private-public divide to face contingency. This chapter explains Rorty’s understanding of it as a crucial component of any just and stable political order in the post-secular West. Rorty’s continued defense of the liberal private-public divide has been criticized from the political right and left. His foundation-neutral model is, however, equipped (or can easily be modified) to answer these objections. And this is good news, because Rorty has shown us that the leading post-secular (...) alternatives (e.g., identity politics) threaten freedom, risk humiliation, and undermine solidarity. (shrink)

2007 was arguably the most extraordinary year in recent memory for the development of Private International Law. Reflecting the vitality and fluidity of a subject that is in constant motion, Volume IX of the Yearbook of Private International Law is again a very rich and multi-faceted book. An entire thematic section of this volume is devoted to the "Rome II" Regulation on the law applicable to non-contractual obligations, which was adopted by the EC institutions in July 2007. Being (...) the first EC regulation on pure applicable law issues, this text opens up a new era in the process of creating a European PIL system. It deserved therefore a detailed commentary and analysis of its main provisions by experts from several EU States. Because of the interest that this European text presents for third party States, some distinguished scholars from non-European areas (the US, Japan, Latin America and Australia) were also asked to express their views on this important piece of Community legislation and the possible influence it may have on conflict developments in their respective countries and regions. (shrink)

Lon Fuller’s classic The Morality of Law is an exploration of the basic principles of a legal system: the law should be publicly promulgated, prospective, clear, and general. So deep are these principles, he argued, that too great a deviation from them would not simply create a bad legal system and bad law, but would render the products of such a system undeserving of the name “law” at all. In this essay, I argue that Fuller’s basic principles are not in (...) fact desiderata for all of law, observing that much of private law plainly flouts them; it is unwritten, retroactive, inchoate, and often limited to particular cases. Far from undercutting its status as law or its legitimacy, these attributes have sometimes been regarded as giving the common law its special character as a kind of law. Fuller’s principles are fundamental only given a certain conception of how law functions, what gives lawmakers their authority, and what renders citizens vulnerable to the imposition of liability through the courts. This conception does not fit private law, which has a distinctive inner morality. Understanding the inner morality of private law tells us a great deal about the nature of private law and about the different ways in which morality can be part of law. (shrink)

The development of human genetics raises a wide range of important ethical questions for us all. The interpersonal dimension of genetic information in particular means that genetics also poses important challenges to the idea of patient-centredness and autonomy in medicine. How ought practical ethical decisions about the new genetics be made given that we appear, moreover, no longer to be able to appeal to unquestioned traditions and widely shared communitarian values? This paper argues that any coherent ethical approach to these (...) questions must be able both to uphold the moral status of the individual and at the same time recognise the communitarian, interpersonal dimensions both of the world in which we live and of personal autonomy itself. The paper then goes on to propose an approach to the resolution of the ethical questions raised by the use of the new genetics in reproductive choice through the development of a coherent and principled process of public reason and justification oriented towards the support and development of personal autonomy. (shrink)

The globalization of production and trade has contributed to the rise in complex global value chains where the reach of state regulation is limited. As an alternative, private regulation, developed and administered by companies, industry associations, and nongovernmental organizations, has emerged to safeguard economic, environmental, and social sustainability in producer countries and along the value chain. The academic literature on private regulation in global value chains has grown over the last decade, but currently few major reviews of the (...) research have been undertaken. This paper examines peer-reviewed research in the relevant disciplines published in academic journals up to December 2011. Our goal is to identify and classify the topics and theories in the global value chain literature. We conclude that the number of articles explicitly examining private regulation, in a global value chain context, is relatively small when considering the importance and growth of these chains in the world’s economy. We also conclude that agriculture, forestry, and apparel manufacturing are the most often studied economic sectors; in contrast, other sectors, such as the information, communication and technology, with their complex global value chains, and often problematic environmental and social conditions, are understudied. (shrink)