Abstract:Early modern efforts to justify warfare entailed serious reflection on the relationship between Christianity and nature or natural law. Those working in a Thomist tradition could draw on a concept of natural law as an ethical system distinct from Christianity; others rejected that concept, working instead to show that warfare could form part of the duties of Christians. All sides recognized the tension between the words of Christ and the demands of human political life, especially when it came (...) to defending military activity. That tension produced creative discussions of natural law, political thought, and theology, in the universities and beyond. (shrink)

This book critically and constructively explores the resources offered for natural law doctrine by classical thinkers from three traditions: Jewish, Christian, and Islamic. Three scholars each offer a programmatic essay on natural law doctrine in their particular religious tradition and then respond to the other two essays.

Humean reductionism about laws of nature is the view that the laws reduce to the total distribution of non-modal or categorical properties in spacetime. A worry about Humean reductionism is that it cannot motivate the characteristic modal resilience of laws under counterfactual suppositions and that it thus generates wrong verdicts about certain nested counterfactuals. In this paper, we defend Humean reductionism by motivating an account of the modal resilience of Humean laws that gets nested counterfactuals right.

In a provocative essay, philosopher Jeffrie G. Murphy asks: 'what would law be like if we organized it around the value of Christian love, and if we thought about and criticized law in terms of that value?'. This book brings together leading scholars from a variety of disciplines to address that question. Scholars have given surprisingly little attention to assessing how the central Christian ethical category of love - agape - might impact the way we understand law. This book aims (...) to fill that gap by investigating the relationship between agape and law in Scripture, theology, and jurisprudence, as well as applying these insights to contemporary debates in criminal law, tort law, elder law, immigration law, corporate law, intellectual property, and international relations. At a time when the discourse between Christian and other world views is more likely to be filled with hate than love, the implications of agape for law are crucial. (shrink)

In this paper we introduce the nascent literature on Moral Uncertainty Theory and explore its application to the criminal law. Moral Uncertainty Theory seeks to address the question of what we ought to do when we are uncertain about what to do because we are torn between rival moral theories. For instance, we may have some credence in one theory that tells us to do A but also in another that tells us to do B. We examine how we might (...) decide whether or not to criminalize some conduct when we are unsure as to whether or not the conduct is morally permitted, and whether or not it is permissible to criminalize the conduct. We also look at how we might make sentencing decisions under moral uncertainty. We argue that Moral Uncertainty Theory can be an illuminating way to address these questions, but find that doing so is a lot more complicated than applying Moral Uncertainty Theory to individual conduct. (shrink)

Humean Laws for Human Agents presents cutting-edge research by leading experts on the Humean account of laws, chance, possibility, and necessity. A central question in metaphysics and philosophy of science is: What are laws of nature? Humeans hold that laws are not sui generis metaphysical entities but merely particularly effective summaries of what actually happens. The most discussed recent work on Humeanism emphasizes the laws' usefulness for limited agents and uses pragmatic considerations to address fundamental and long-standing problems. The current (...) volume develops and critically examines pragmatic Humean accounts, with innovative new work on the epistemology of laws and chance, the problem of induction, counterfactuals, special science laws, and a Humean account of essence. Taken together, the papers provide a roadmap for developing pragmatic Humeanism and connate views, setting the agenda for future research. (shrink)

For the first time in history, genetics will enable science to completely identify each human as genetically unique. Will this knowledge reinforce the trend for more individual liberties or will it create a ‘brave new world’? A law policy approach to the problems raised by the human genome project shows how far our democratic institutions are from being the proper forum to discuss such issues. Because of the fears and anxiety raised in the population, and also because of its wide (...) implications on the everyday life, the human genome analysis more than any other project needs to succeed in setting up such a social assessment. Keywords: human genome project, judiciary law policy, legislative activity, new ethics institutions, methodology in law reform, public debate, social consensus CiteULike Connotea Del.icio.us What's this? (shrink)

This volume presents a series of studies that expand laws, invariants, and principles of psychophysics beyond its classical domain of sensation.

reminds us that reproductive medicine has become part of our social reality and as such justifies the intervention of public authorities. The Instruction suggests relevant principles which should guide appropriate legislation. This essay analyzes how far the French government has taken these fundamental principles into account. Keywords: IVF-ET, Donum Vitae , civil law, France CiteULike Connotea Del.icio.us What's this?

Each chapter in Christianity and Political Philosophy addresses a philosophical problem generated by history. Frederick D. Wilhelmsen discusses the limits of natural law; Cicero and the politics of the public orthodoxy; the problem of political power and the forces of darkness; Sir John Fortescue and the English tradition; Donoso Cortes and the meaning of political power; the natural law tradition and the American political experience; Eric Voegelin and the Christian tradition; and Jaffa, the School of Strauss, and the Christian (...) tradition. Wilhelmsen is convinced that mainstream philosophy's suppression of the Christian experience, or its reduction of Christianity to myths, deprives both Christianity and philosophy. He argues that Christianity opened up an entirely new range of philosophical questions and speculation that today are part and parcel of the intellectual tradition of the West. Wilhelmsen remains relevant because political philosophy in America today is following the historic cycle of political philosophy's importance: as things get worse for the nation because it is internally riven by ideological and spiritual conflicts, there is a greater need for the political philosopher to raise and explore profound questions and reassert forgotten truths about man and society, the soul and God, and good and evil, as well as the ground of political order. This is the latest book in Transaction's esteemed Library of Conservative Thought series. (shrink)

At the core of republican thought, on Philip Pettit’s account, lies the conception of freedom as non-domination, as opposed to freedom as noninterference in the liberal sense. I revisit the distinction between liberal and republican freedom and argue that republican freedom incorporates a particular rule-of-law requirement, whereas liberal freedom does not. Liberals may also endorse such a requirement, but not as part of their conception of freedom itself. I offer a formal analysis of this rule-of-law requirement and compare liberal and (...) republican freedom on its basis. While I agree with Pettit that republican freedom has broader implications than liberal freedom, I conclude that we face a trade-off between two dimensions of freedom (scope and robustness) and that it is harder for republicans to solve that trade-off than it is for liberals. Key Words: freedom • republicanism • liberalism • noninterference • non-domination • rule of law • robustness • liberal paradox. (shrink)

In Volume Two of Ernest Fortin: Collected Essays, Fortin deals with the relationship between religion and civil society in a Christian context: that of an essentially nonpolitical but by no means entirely otherwordly religion, many of whose teachings were thought to be fundamentally at odds with the duties of citizenship. Sections focus upon Augustine and Aquinas, on Christianity and politics; natural law, natural rights, and social justice; and Leo Strauss and the revival of classical political philosophy. Fortin's treatment of (...) these and related themes betrays a keen awareness of one of the significant intellectual events of our time: the recovery of political philosophy as a legitimate academic discipline. (shrink)

Gopal Sreenivasan’s new book, Emotion and Virtue, is an incredibly rich and impressive achievement. It is required reading for anyone working on issues related to character. In the spirit of book discussions in this journal, I will focus less on raising objections and more on exploring how the discussion could be extended in new directions or connected with related topics. The plan is to focus on four topics: (i) the scope of Sreenivasan’s project, (ii) his response to the situationist challenge, (...) (iii) some implications of his view for practical wisdom, and (iv) his account of virtue conflicts. (shrink)

In this article, we aim at presenting a thorough and comprehensive explanation of the mathematical and theoretical relation between all the aspects of Ptolemaic planetary models and their counterparts which are built according to Kepler’s first two laws. Our article also analyzes the predictive differences which arise from comparing Ptolemaic and these ideal Keplerian models, making clear distinctions between those differences which must be attributed to the structural variations between the models, and those which are due to the specific parameters (...) Ptolemy determined in the Almagest. We expect that our work will be a contribution for a better understanding not only of the Ptolemaic theories for planetary longitudes through a clearer perception of the way in which Keplerian features are present—or absent—in Ptolemy’s models, but also for a more balanced judgement of different aspects of the contribution of the first two laws of Kepler to the modern astronomical revolution. (shrink)

Are companies, churches, and states genuine agents? Or are they just collections of individuals that give a misleading impression of unity? This question is important, since the answer dictates how we should explain the behaviour of these entities and whether we should treat them as responsible and accountable on the model of individual agents. Group Agency offers a new approach to that question and is relevant, therefore, to a range of fields from philosophy to law, politics, and the social sciences. (...) Christian List and Philip Pettit argue that there really are group or corporate agents, over and above the individual agents who compose them, and that a proper approach to the social sciences, law, morality, and politics must take account of this fact. Unlike some earlier defences of group agency, their account is entirely unmysterious in character and, despite not being technically difficult, is grounded in cutting-edge work in social choice theory, economics, and philosophy. (shrink)

Tort law and liability insurance have a complex interaction in which each shapes the evolution and effects of the other. This interaction and its many forms and facets in different international contexts must be comprehended to understand fully the ethical responsibilities of liability insurers. This essay builds on previous scholarship on the tort law–liability insurance interaction through a series of observations from the perspective of a global reinsurer. It seeks in part to extend previous analyses of this interaction by also (...) considering issues in the developing world. It seeks to make some normative questions and stances explicit concerning this interaction, as well as to identify some empirical questions that still need to be answered. The responsibility of liability insurers includes ethically shaping the responsibility of others in interaction with tort law in countless diverse situations. (shrink)

Earth’s life-support system is facing megaproblems of sustainability. One important way of how these problems can be addressed is through innovation. This paper argues that responsible innovation that contributes to sustainable development consists of three dimensions: innovations avoid harming people and the planet, innovations ‘do good’ by offering new products, services, or technologies that foster SD, and global governance schemes are in place that facilitate innovations that avoid harm and ‘do good.’ The paper discusses global governance schemes based on deliberation (...) as a means to foster such responsible innovation. These schemes can provide voluntary soft-law regulations that complement and extend national and international hard-law regulations and facilitate collective innovation that contributes to SD goals. The article addresses the facilitative role of governments and international organizations in overcoming problems of deliberation and offers illustrative examples of such governance schemes. (shrink)

The law of desire has been proposed in several forms, but its essential claim is that agents always act on their strongest proximal action motivation. This law has threatening consequences for human freedom, insofar as it greatly limits agents’ ability to do otherwise given their motivational state. It has proven difficult to formulate a version that escapes counterexamples and some categorically deny its truth. Noticeable by its absence in the literature is any attempt to provide an argument for the law (...) of desire – I propose such an argument here. It is noted that Sripada's “divided mind” theory of willpower provides a counterexample to the version of the law of desire my argument defends, but I note that a reformulated version of the law of desire survives this critique. I conclude that there is a serious case for the law of desire, and note the broader implications of this. (shrink)

Ethical analysis of armed drones has to date focused heavily on their use in foreign wars or counterterrorism operations, but it is important also to consider the potential use of armed drones in domestic law enforcement. Governments around the world are already making drones available to police for purposes including border control, criminal investigation, rescue missions, traffic management, and the monitoring of public assemblies. Unarmed and controlled remotely, these camera-equipped aircraft provide a powerful and mobile surveillance capacity that can be (...) highly effective in detecting suspicious activity and guiding police operations. In addition, for situations where criminal violence presents a danger to public safety, some governments appear to be readying their police to neutralize threats using drones that are also equipped with weapons. In anticipation of that potential development, this article discusses whether or how police should use armed drones. It applies some of the established ethical principles on police use of force (necessity, proportionality, and precaution), and it explores some of the challenges a drone-using, “tele-present” police officer is likely to face in seeking to adhere to those principles. (shrink)

Philosophers have argued about the nature and the very existence of free will for centuries. Today, many scientists and scientifically minded commentators are skeptical that it exists, especially when it is understood to require the ability to choose between alternative possibilities. If the laws of physics govern everything that happens, they argue, then how can our choices be free? Believers in free will must be misled by habit, sentiment, or religious doctrine. Why Free Will Is Real defies scientific orthodoxy and (...) presents a bold new defense of free will in the same naturalistic terms that are usually deployed against it. -/- Unlike those who defend free will by giving up the idea that it requires alternative possibilities to choose from, Christian List retains this idea as central, resisting the tendency to defend free will by watering it down. He concedes that free will and its prerequisites—intentional agency, alternative possibilities, and causal control over our actions—cannot be found among the fundamental physical features of the natural world. But, he argues, that’s not where we should be looking. Free will is a “higher-level” phenomenon found at the level of psychology. It is like other phenomena that emerge from physical processes but are autonomous from them and not best understood in fundamental physical terms—like an ecosystem or the economy. When we discover it in its proper context, acknowledging that free will is real is not just scientifically respectable; it is indispensable for explaining our world. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Christianity and Secular Reason: Classical Themes and Modern Developments ed. by Jeffrey BloechlJoseph W. Koterski, S.J.Christianity and Secular Reason: Classical Themes and Modern Developments. Edited by Jeffrey Bloechl. Notre Dame, Ind.: University of Notre Dame Press, 2012. Pp. vii + 288. $40.00 (paper). ISBN: 978-0-268-02228-0.It does not bode well for a collection of essays when the introduction needs to make a concession like the one found (...) here: “This volume brings together a plurality of approaches to a loosely related set of questions, themes, and phenomena” (6). Yet, surely, truth in advertising is an uncommon virtue. The frank honesty of Jeffrey Bloechl, the editor of this volume, is much to be commended.What unifies the essays in this volume is not a common topic or a common approach but a common concern with the problem of understanding the relation between Christianity and secular reason. The issue in play is how much respect a religion that claims to be the recipient of divine revelation owes to autonomous reasoning in any particular age. The problem is exacerbated in those periods of history that are marked by strong claims for the powers of human reasoning.Bloechl’s introduction is particularly helpful due to its distinction between secular reason and secularized reason. Unless a believer takes the fideist position of holding that only claims grounded in faith are valid knowledge-claims, there is no reason to deny or cast skeptical aspersions on secular reason. The term simply names the use of reason according to its proper governing principles on any topic where the justifications for various truth-claims are drawn only from this-worldly experience and, for disciplinary reasons, make no use of divine revelation. It is the type of reasoning that is done within a saeculum, that is, within a given period of time, according to the canons of sound reasoning operative in that epoch. The term “secularized reason,” by contrast, names the view of reason that is hostile to the legitimacy of any knowledge-claim that involves the testimony of divine self-disclosure as its warrant. The proponents of secularized reason often conveniently overlook the likelihood that such hostility risks begging the question by disallowing any form of divinely backed testimony in principle, while allowing human testimony in such spheres as history or courts or law. If one is prepared in general to accept testimony as a justification for a truth-claim, then the proper criterion is the credibility of the source. But then there is no principled way to preclude in advance the possibility that testimony that originates with God might provide the strongest possible type of warrant for certain knowledge-claims. It is mere prejudice to decide in advance that this alternative is simply beyond the pale of consideration.Threaded through the essays in this volume is the perennial problem of the relationship of faith and reason. Earlier ages posed the problem on their own terms, sometimes quite different from modern assumptions. Readers unfamiliar with the thought of Thomas Aquinas, for instance, might well be [End Page 141] surprised to learn that the very first question of the Summa theologiae asks whether any sort of sacra doctrina is necessary beyond the philosophical sciences. Such a stance does not raise a question about whether faith can be a genuine source of knowledge, but merely asks if there is need for the sort of knowledge that is grounded in faith. Aquinas answers the question not only by reflecting on the difficulties that arise from expecting that everyone will have the necessary time, interest, and intellectual resources to figure out for themselves the things that they need to know for the sake of salvation; he also notes certain areas that are entirely beyond the scope of unaided reason, such as knowledge about the triune nature of God.By contrast, the proponents of secularized reason tend to cast doubt on the very possibility that any truth-claim based on religious faith could even be counted as knowledge. Brad Gregory’s recent book, The Unintended Reformation: How a Religious Revolution Secularized Society (Harvard University Press, 2012) does a masterful job in tracing the unforeseen... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:CHRISTIANITY AND VIOLENCE: A RESPONSE TO ROBERT DALY Paul Nuechterlein Emmaus Lutheran Church, Racine, Wisconsin While listening to the presentations up to now, I've found myself to be continually scrapping what I was going to say and going on to something else. The only thing I've saved so far is to begin with a sincere thanks to you, Bob Daly, for this paper. It is such an excellent (...) start on the themes ofthis conference, to cover such a broad range ofthe history and the data of Christianity on the theme of violence and institution. And yet, through that broad range ofanalysis, you also help us to focus on what I see as some very important issues, especially the one that you lifted up and emphasized againjust now, the issue ofuniversal salvation. At the risk of sounding a bit like a schoolboy with a new vocabulary word, that issue is for me an insight, to usethatLonerganian term, thatbrings togethermany things under a single view. Iknow thatthere's been abroadrange ofinterestinviolence in general, and especially as it is manifested in Christian institutions of which Tm a part. Then there has also been an interest in the issue ofuniversal salvation. I've actually already been a believer, a hoper in that for quite some time. But the way that you brought them together in this paper, that is the insight for me. It is something that I honestly will take away from this conference as being very important. You've made us see that connection and from that to raise the question: if, as Christians, we continue to imagine ourselves as possibly destined to an ultimate violence of hell as a place of eternal damnation and torture, how much has that played a part in our earthly willingness to participate in violence? Does it make it easier for us to say yes to violence here in this life, when we can imagine ourselves as possibly destined to an ultimate violence? You make that connection, you mention Paul Nuechterlein35 it as a massively central problem, and you've convinced me of it. I think its something we needto work on. We now need to find ways of lifting up that minority viewpoint of hoping for universal salvation to become once again the majority viewpoint. The question thus focuses on the strategy of how to do that. Because there's always the danger that, as we become zealous about something, we can start presenting it in a forceful and violent way. For instance, people could come away from what we're trying to convince them of, and ask themselves: "Gee, did he just say something like: 'You're going to Hell if you don't stop believing in Hell.'?" We can perhaps come across that way if we're too forceful about it. Before your remarks, I hadn't made the connection with the Vietnam War. I hadn't noticed how much that could help us toward the strategy we seek. What turned the American people against the war was seeing its violence on their TV screens, violence that didn't fit in with their imaginative view of themselves. Is there a way in which we can work that sort of strategy by replacing our imagination of ultimate violence with at least the hope of universal salvation? One of my favorite stories—itjust came to me as you were talking—is from the Lynn Brothers, Matthew and Dennis, two Catholic priests or former Catholic priests. They have a little book about the goats, from the image of Matthew 25 on the separation of the sheep from the goats. They tell a story about working with a woman who came to one of them in counseling, frightened for her son. Her son had been in all kinds of addiction problems, all kinds of trouble with the law throughout his life, and was coming to apoint where he was really bottoming out. And through all ofthat, the thing that she still worried about the most was: when he dies, is he going to go to hell? The problem, of course, was that she was still holding on to that majority vision, and I think it... (shrink)

Scientists often think of the world as a dynamical system, a stochastic process, or a generalization of such a system. Prominent examples of systems are the system of planets orbiting the sun or any other classical mechanical system, a hydrogen atom or any other quantum–mechanical system, and the earth’s atmosphere or any other statistical mechanical system. We introduce a general and unified framework for describing such systems and show how it can be used to examine some familiar philosophical questions, including (...) the following: how can we define nomological possibility, necessity, determinism, and indeterminism; what are symmetries and laws; what regularities must a system display to make scientific inference possible; how might principles of parsimony such as Occam’s Razor help when we make such inferences; what is the role of space and time in a system; and might they be emergent features? Our framework is intended to serve as a toolbox for the formal analysis of systems that is applicable in several areas of philosophy. (shrink)

The subject of this article is the Orthodox Christianity’s approach to war. Christians of other denomination have developed an elaborate theory of war, so-called “Just War Theory” (JWT), which has also been accepted by non-Christians and even secular thinkers regarding the nature and justification of war. A vast literature has been produced in a dire attempt to render perfect the world by insisting on the claim that war is the act of punishment for breaking the law. The result is (...) an epistemological ease from which everything seems evident in advance including who is right and who at fault, who is and who is not favored by God. By removing from war an essential feature – that it is a form of conflict – JWT takes away the concept of reciprocity and introduces an in advance declared inequality which enables removal of uncertainty about the war’s outcome. In Orthodox Christianity, the situation is different. With still live debate whether to persevere or abandon original Christian pacifism, for Orthodox Christianity, war is always a combination of cataclysm and temptation and far less Manichean than anything present in JWT. The aim of war is peace; but, however necessary, justice is an insufficient condition for justification. The difference between “justness” and “justification” is preserved through the uncertainty whom God, at war’s end, loves more, because both victors and vanquished remain and continue to be in His grace. Losing a war, as such, does not turn the vanquished into criminals, nor does victory give the vanquisher the right of revenge for defending oneself. The latter approach to war has significant potentialities: preserving the distinction of ius ad bellum and ius in bello, preserving reciprocity, mutual respect and trust, impossibility of incrimination of war per se, the possibility of honorable defeat, etc. (shrink)

Humeans about laws maintain that laws of nature are nothing over and above the complete distribution of non-modal, categorical properties in spacetime. ‘Humean compatibilists’ argue that if Humeanism about laws is true, then agents in a deterministic world can do otherwise than they are lawfully determined to do because of the distinctive nature of Humean laws. More specifically, they reject a central premise of the Consequence argument by maintaining that deterministic laws of nature are ‘up to us’. In this paper, (...) we present a new argument for Humean compatibilism. We argue that Humeans about laws indeed have resources for defending compatibilism that non-Humeans lack. Moreover, we show that utilizing these resources does not lead to objectionable consequences. Humeans about laws should thus embrace Humean compatibilism. (shrink)

The idea that there is such a thing as a human right to health has become pervasive. It has not only been acknowledged by a variety of international law documents and thus entered the political realm but is also defended in academic circles. Yet, despite its prominence the human right to health remains something of a mystery - especially with respect to its philosophical underpinnings. Addressing this unfortunate and intellectually dangerous insufficiency, this book critically assesses the stipulation that health is (...) a human right which - as international law holds - derives from the inherent dignity of the human person. Scrutinising the concepts underlying this stipulation, it shall conclude that such right cannot be upheld from a philosophical perspective. (shrink)

In Volume Two of Ernest Fortin: Collected Essays, Fortin deals with the relationship between religion and civil society in a Christian context: that of an essentially nonpolitical but by no means entirely otherwordly religion, many of whose teachings were thought to be fundamentally at odds with the duties of citizenship. Sections focus upon Augustine and Aquinas, on Christianity and politics; natural law, natural rights, and social justice; and Leo Strauss and the revival of classical political philosophy. Fortin's treatment of (...) these and related themes betrays a keen awareness of one of the significant intellectual events of our time: the recovery of political philosophy as a legitimate academic discipline. (shrink)

Legal theorists have proposed several theories to justify statutes of limitations in the criminal law, but none of these normative theories is generally accepted. This chapter investigates the related descriptive question as to whether ordinary people have the intuition that legal punishment becomes less appropriate as time passes from the date of the offense and, if they do, what factors play a role in these intuitions. Five studies demonstrate that there is an intuitive statute of limitations on both legal punishment (...) and moral criticism, and that these intuitions arise, in part, from judgments about changes in psychological connectedness over time. (shrink)

Hegel’s Philosophy of Law deals in theLaw section of the categories: person, property and contract. Research critically reconstructs this theory from a Marxist perspective. In the concept of person, first of all, the singular will is reduced to a solipsist will unrelated to intersubjectivity. Then, the concept of Hegelian property bases the private appropriation of property as the externalization of the singular will. This legal property guarantees the maintenance and reproduction of private property, that is, it will guarantee the private (...) accumulation of capital, Marx will say. Anyway, the theory of the contract would link the autonomy of the contracting wills, however, it is a mere appearance, because, in fact, the owners’ wills are under the domination of the capitalist market, as it is explained in Marx’s Capital. The theoretical deficit of Hegel’s Philosophy of Law in general is that the legal concepts of person and property correspond to the abstract will. Hegel describes the juridical description of the legal system of the modern state as the development of free will that legitimizes the asymmetry of civil society in its socioeconomic inequalities. (shrink)

Applying the concept of social agent in the field of criminology and of penal law is aimed at advancing criminological research and analyzing the operations of penal justice from a perspective other than those generally in use. This, summarized in a very few words, is our principal objective.

Europe's economic constitution is obviously affected in a very fundamental way. There is every reason to depart from an historical reconstruction of the origins of the economic constitution in the early 1920s, to consider its remarkable renaissance in postwar Germany, and to explore against this background its emigration to the European level of governance as well as its development and metamorphosis in the integration process. This chapter focuses on the Economic and Monetary Union (EMU), which, once hailed as the crowning (...) achievement of Europe's market building and the precursor of a more truly political Union, has become the epicenter of the present crisis. Ordoliberalism and the social‐market economy managed to coexist peacefully and dominated public opinion. The chapter also discusses the practices of Europe's crisis management and the specifics of the governance modes that they are generating. (shrink)

The law of the future faces fundamental challenges that it cannot overcome by means of ‘tried and trusted’ dogmatics alone. Nor can it, from a methodological standpoint, take refuge in a purportedly apolitical hermeneutics or a one-sided application of empirical methods. Its responsibilities are not exhausted in mere steering, innovation or stimulating operations, but also encompass critical-emancipatory functions. Methodological reflection and legal critique - understood as social theory in the ‘interior’ of law - enable legal doctrine to meet the particular (...) demands that arise from the simultaneous affiliation of jurisprudence to the systems of law and science. The future development of legal studies thus requires a foundational research approach that preserves the interdisciplinary connection to neighbouring disciplines in the humanities and social sciences, and provides impetus for enlightened self-critique and self-reflection. Only in this way - through the emergence of jurisprudence from its self-incurred ignorance regarding its social function - might legal practice assert itself in everyday legal life and confront the injustices of the legal world with its own thinking. Such critical legal thinking demands more than just the perpetuation of traditions based on the history of ideas. Nor can it be satisfied through the mere cultivation of empirical approaches to reality. It must aim to develop and unfold a normative concept of law, and write this forward into the future. It derives its essential reflective potential from social-theoretical modelling and methodological development. In the process, the reciprocal confrontation and translation of rival theoretical models opens new learning possibilities not to solve legal conflicts, but to treat them more judiciously. Here, it is above all the foundational legal subjects that, through their discrete approaches and perspectives, open diverse and flexible entryways to the potentialities and actualities of law and, particularly in light of new cases, ensure the necessary variance of options for perception and action. The future of law resides in experimental testing and innovative discovery, in the creative quest for alternative possibilities and possible realities, in the critical and constructive struggle for the law of the future - as the ecological law of future life in the next bio-digital society. (shrink)

In recent years, trade-control laws and regulations such as embargoes and sanctions have gained importance. However, there is limited empirical research on the ways in which small- and medium-sized enterprises (SMEs) respond to such coercive economic measures. Building on the literature on organizational responses to external demands and behavioral ethics, this study addresses this issue to better understand how external pressures and managerial decision-making are associated with the scope of trade-control compliance programs. Based on a sample of 289 SMEs, the (...) findings show that the organizational responses of SMEs reflect proportionate adjustments to regulatory pressures but only if decision-makers are well informed and aware of the prevailing rules and regulations. Conversely, uninformed decision-making leads to a disproportionate response resulting in an inadequately reduced scope of the compliance program. In addition, the results indicate that SMEs that are highly integrated into supply chains are susceptible to passing-the-buck behavior. (shrink)