The English law on abortion is examined through four lenses manufactured by the principle of dignity. Those lenses are embodiment, relationality, story and a transactional, rather than an atomistic, approach to the ascertaining of the relevant interests. It is contended that this approach gives more nuanced, humane, intellectually satisfactory and pastorally satisfactory answers than those generated by the existing law. It is further argued that only this dignity-based approach is compatible with that mandated by Article 8 of the (...) class='Hi'>ECHR. (shrink)

In the cases of Goodwin v. U.K.and I. v. U.K. the European Court of Human Rights held the U.K. Government to be in breach of Articles 8 and 12 of the European Convention for denying certain rights and entitlements, particularly the right to marry, to post-operative transsexuals. This article argues that although on some level these are welcome decisions, they are also conservative and recuperative in that they seek to shore up traditional binarist ideas of gender and sexuality. The (...) article concludes, however, that the Court's conservatism is problematic in a number of ways; and that it may be most profitable to read these cases as an invitation to imagine further and more profound challenges to the old order. (shrink)

Recent discussions among lawyers, philosophers, policy researchers and athletes have focused on the potential threat to privacy posed by the World Anti-Doping Agency’s (WADA) whereabouts requirements. These requirements demand, among other things, that all elite athletes file their whereabouts information for the subsequent quarter on a quarterly basis and comprise data for one hour of each day when the athlete will be available and accessible for no advance notice testing at a specified location of their choosing. Failure to file one’s (...) whereabouts, or the non-availability for testing at said location on three occasions within any 18-month period constitutes an anti-doping rule violation that is equivalent to testing positive to a banned substance, and may lead to a suspension of the athlete for a time period of between one and two years. We critically explore the extent to which WADA’s whereabouts requirements are in tension with existing legislation on privacy, with respect to UK athletes, who are simultaneously protected by UK domestic and EU law. Both UK domestic and EU law are subject to the European Convention on Human Rights (ECHR) Article 8, which establishes a right to “respect for private and family life, home and correspondence”. We critically discuss the centrality of the whereabouts requirements in relation to WADA’s aims, and the adoption and implementation of its whereabouts rules. We conclude that as WADA’s whereabouts requirements appear to be in breach of an elite athlete’s rights under European workers’ rights, health & safety and data protection law they are also, therefore, in conflict with Article 8 of the ECHR and the UK Human Rights Act 1998. We call for specific amendments that cater for the exceptional case of elite sports labour if the WADA requirements are to be considered legitimate. (shrink)

Regulation No 17: First Regulation implementing Articles 85 and 86 of the Treaty set out that in carrying out the duties assigned to it by Article 89 and by provisions adopted under Article 87 of the Treaty, the officials authorized by the EU Commission were empowered inter alia to enter any premises, land and means of transport of undertakings. Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in (...) Articles 81 and 82 of the Treaty has expanded Commission’s powers stating that Commission can by decision order an inspection to be conducted in any other premises, land and means of transport, including the homes of directors, managers and other members of staff of the undertakings and associations of undertakings concerned. Such an expansion of the investigative powers of the Commission raises a question of the balance between effectiveness of the EU competition law and a person’s right to privacy, which is guaranteed to everyone by the Article 8 of the European Convention on Human Rights. Nevertheless this right is not absolute and the conditions for the possible limitations of the exercise of it are enshrined in paragraph 2 of the same article. For this reason the aim of this article is to find out whether Commission’s power to carry out searches in private homes meet the requirements set in Article 8(2) of the Convention, i.e., whether the Commission’s power to conduct such searches could be justified under the ECHR Article 8(2). In this study, the authors analyse the Commission’s extended investigative powers, clarify what is covered by the concept of “privacy”, evaluate the requirements set in Article 8(2) of the Convention, analyse conditions of exercising Commission’s extended investigative power and thus qualify if the latter satisfies the requirements set in Article 8(2) of the ECHR. (shrink)

This paper argues that Article 8 of the ECHR, as applied to the protection of a person’s right to wear a headscarf, is an inappropriate locus for thrashing out arguments about the right to protection of religious freedom, and that Article 9 allows for a broader legal and political analysis of the multiple meanings and impacts of religion in our lives. However, the law should not prohibit women from wearing the headscarf. Legal regulation of the headscarf should (...) be replaced with robust political debate about the many diverse and intersecting ways in which it is possible to experience womanhood, sexuality, culture, religion, race, nationality and economic security in the twenty-first century. (shrink)

Even though the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) does not explicitly address the rights of asylum seekers and refugees, the case law of the European Human Rights Court (ECtHR) confirms that their rights can be successfully defended under this mechanism. In parallel, in its evolving jurisprudence on asylum the Court of Justice of the European Union (CJEU) refers to the Strasbourg case law, where there is a certain interrelationship between these two jurisdictions, in (...) particular given the recent ECtHR pronouncement on “EU Dublin transfers”. The article aims at evaluating protection available for asylum seekers and refugees under the ECHR, while comparing it with protection of asylum relevant fundamental rights under the EU legal order and the most recent jurisprudence of the CJEU in asylum cases. The authors also analyze which of the two systems is more favourable and what are their limitations. Thus, the article offers to students and practitioners a detailed analysis of ECtHR and CJEU jurisprudence in asylum cases through a comparative perspective, as well as the key problematic aspects arising in both jurisdictions and their junction. The jurisprudence of the ECtHR reveals that despite the most developed protection from expulsion under Article 3 of the ECHR, it does not sufficiently secure status for the concerned persons. Effective remedy requirements under the ECHR allow for filling the gaps of national asylum procedures, while recognition of vulnerability and special status of asylum seekers by the ECtHR assist in addressing still commonly prevailing detention problems of asylum seekers in Europe. In the context of family protection, the recognition of positive obligations by states to reunite the refugee families is still rudimentary, thus, clearly Article 3 protection in expulsion cases takes over Article 8. At the same time, the jurisprudence of the CJEU in asylum cases is still inconsistent, as the court sometimes takes decisions without including human rights into its’ analysis (Kadzoev, Arslan, K.), while in other cases refers to the Charter (MA and others), verifies if its’ own decision is in line with the ECtHR jurisprudence (Elgafaji) or shapes secondary legislation in line with Strasbourg arguments and findings (N.S.). Quite likely, the ECtHR practice will have an important influence on the developments of subsidiary protection in the EU, at least in the context of Articles 2 and 3 of the ECHR, and serve as an important reference for interpretation of various concepts under the EU Qualification and Procedures Directives. The comparative analysis of pros and cons of the two mechanisms demonstrates that the main advantage of the ECtHR is individual justice possibility, which is not yet accessible under CJEU preliminary judgement procedure and its input in developing asylum law concepts, such as non-state agents of persecution, internal protection or even subsidiary protection regime under EU asylum law. Thanks to the ECtHR, the realistic possibility to question the application of certain EU norms has emerged (Dublin Regulation). While the ECtHR does not have such a specific competence over asylum issues as the CJEU and is clearly a slow and seriously overburdened mechanism, the pilot judgement procedure seems to be increasingly capable of providing guidelines to the states concerning systematic problems in their asylum procedures. Thus, both jurisdictions in their own ways contribute to strengthening asylum seekers’ protection while forming a common oasis for these individuals in Europe. (shrink)

In this paper, I offer an analytical and normative framework to re-visit the question of whether state parties should derogate from the European Convention on Human Rights (ECHR) in order to combat the COVID-19 pandemic via harsh ‘lockdown’ measures. It is three-pronged. First, I show that the predominant debate on the (non-)derogation question is informed by a textual approach to adjudication, which severely limits the analytical and evaluative horizon for addressing the issue. Most importantly, it cannot address one salient (...) fact about the effects of lockdown measures, namely their highly disproportionate effects on vulnerable groups and minorities. Second, I argue that proportionality assessment should be the basis for determining whether state parties ought to derogate or not. This is because proportionality’s very purpose is in part to track the effects of state interferences on minorities and vulnerable groups by measuring the disproportionate burden imposed on them. It is also because proportionality assessment has very different requirements between limitation clauses built into the relevant Convention articles (e.g. Article 5, Articles 8–11) and the derogation clause (Article 15) under the ECHR. Surprisingly, while the emerging literature almost always mentions proportionality as an important component of the analysis, it does not investigate the extent to which each regime (derogation or limitation) better performs it, and why. Third, I draw from the philosophical literature on the ‘right to justification’ to clarify the egalitarian and justificatory function of proportionality. Unlike derogation, limitation clauses have a much higher and systematic requirement of justification, which makes the case for non-derogation clearer and stronger. (shrink)

Name der Zeitschrift: Jahrbuch für Wissenschaft und Ethik Jahrgang: 19 Heft: 1 Seiten: 91-106.

Medieval Muslim scholars were challenged with squaring their conceptions of prophetic infallibility with reports that Muhammad disobeyed revelatory commands from God. The manner in which they rehabilitated the prophetic image in these cases had corresponding repercussions in the fields of jurisprudence, theology, and legal theory. The present article uses the case of Q. 8:67 to demonstrate the intertwined nature of the Islamic sciences and the stakes involved when delimiting the prophetic ability to err and/or disobey God.

Scholars offer several options for Matthew’s value of the leper’s story in his narrative that range from revealing Jesus’ attributes of compassion and sympathy, manifesting God’s empire, to portraying Jesus’ function as a temple. Although these suggestions aptly portray Matthew’s rhetorical use of the leper’s healing in his narrative to address societal concerns of his time, for lack of referring to the social setting of the narrative, they do not capture the holistic healthcare system embodied by Jesus in Matthew’s narrative (...) that portrays Jesus as a superior healer to the rest of the other healers in the Roman Empire. The findings of the research for this article establish the argument that employing ethnomedical anthropology as a lens to read the leper’s healing narrative in Matthew 8:1–4 in the context of Matthew’s social setting reveals Matthew’s ideology for a transcendent and immanent Christology. The aim of the article is to demonstrate the effectiveness of medical anthropological theory in explaining the dynamics of health and healing reflected in biblical texts.Contributions: This article contributes to the interdisciplinary approach to the study of religion by employing a ethnomedical anthropological perspective to read the leper’s healing in Matthew 8.1–4 in reference to the first century CE health systems in the Roman Empire. This approach procured that Matthew’s immanent and transcendent perspectives of Christology is crucial in demonstrating the text’s function in constructing and sustaining the identity of Matthew’s community in antiquity. (shrink)

Reseña critica de los trabajos presentados en el encuentro italo-germano sobre Vico celebrado en Merano, 8-9 de Mayo de 1995, con la participación de G. Cotroneo, D. Barbieri, J. Seifert, K. Flasch, H. Seidl y G. Patella.A critical review of the papers submined at the Italian-German Meeting on Vico held at Merano during May, 8th and 9th 1995. References are made to G. Cotroneo, D. Barbieri, J. Seifert, K. Flasch, H. Seidl and G. Patella.

Many Jews, Christians, and Muslims adhere to the following three claims: First, God has comprehensive knowledge of all that is, was, and will be. Second, God makes use of this knowledge in order to exercise providential control over the world. Third, human beings have free will. This combination of views raises philosophical puzzles. My aim in this chapter is to explore how historic Jewish reflection on these puzzles relates to treatment of them by contemporary analytic philosophers.

This paper examines Aristotle’s argument in Eudemian Ethics 1.8 that eudaimonia, the best practicable good, is the telos of the practicable goods. Aristotle defers to the Platonists in thinking that the best practicable good is the first practicable good and the cause of the other practicable goods’ goodness. But, on his view, it is the telos of the practicable goods that has these two properties. Aristotle’s argument for this latter claim is supported by his view, more fully discussed in Posterior (...) Analytics 2.11, of how final causes explain normative facts. (shrink)

The paper discusses four main views on the relation between language and reasons. Two of them contend that there is no significant relation, on different bases; a third contends that linguistic features can only be clarified by relating them to motivating reasons, and the fourth makes a similar claim but with respect to normative reasons instead. These approaches assume contrasting views on the nature of language. The first is a Platonist view on which the languages are abstract entities whose properties (...) are independent of the psychology of rational beings. The second, promoted by Chomsky’s very successful research programs, sees languages as a feature of the nonconscious deep psychology of human beings, a genetically determined subpersonal part of the mind/brain. The third has two different guises: the Davidsonian interpretationist perspective, and Gricean proposals. The fourth holds that languages constitute speech-act potentials, on the assumption that speech-acts provide speakers with normative reasons. (shrink)

Within the narrative fora.d.32, Tacitus recreates a spirited speech delivered before the Senate by theequesMarcus Terentius (Ann. 6.8), defending himself retrospectively for having been a ‘friend’ of Sejanus. This speech, the only extended speech inoratio rectato feature inAnnalsBook 6, is historiographically rich and suggestive.This article first analyses the speech as a compelling piece of oratory in its own right. It then explores the provocative mirroring of another important speech in Curtius Rufus (7.1.19–40). This is where the general Amyntas, defending (...) himself before Alexander the Great against charges of participation in an alleged conspiracy, refuses to deny his friendship with the conspirator Philotas (now dead). Scholars have rightly acknowledged the significant intertextuality of these two speeches in Curtius Rufus and Tacitus. Yet the interest in this mirroring between Amyntas and Terentius has overshadowed another important intertext. This article demonstrates how Tacitus also engages with a programmatic moment from the opening of Virgil'sAeneidwhen Aeolus is cajoled by Juno to unleash a devastating storm. Terentius wittily casts Tiberius as a powerful divinity whose whims had to be obeyed and himself as a helpless Aeolus doing his will.This article demonstrates that the two passages from Virgil and Curtius Rufus underpinning Terentius’ speech work together powerfully, challenging Tacitus’ readers to reflect on the difficulties of ‘speaking to power’ and on the compromises involved for men like Terentius in negotiating the complex political realities of the imperial system. (shrink)

The aim of this paper is to study a particular family of non-deterministic semantics for modal logics that has eight truth-values. These eight-valued semantics can be traced back to Omori and Skurt (2016), where a particular member of this family was used to characterize the normal modal logic K. The truth-values in these semantics convey information about a proposition’s truth/falsity, whether the proposition is necessary/not necessary, and whether it is possible/not possible. Each of these triples is represented by a unique (...) value. In this paper we will study which modal logics can be obtained by changing the interpretation of the $$\Box $$ modality, assuming that the interpretation of other connectives stays constant. We will show what axioms are responsible for a particular interpretations of $$\Box $$. Furthermore, we will study subsets of these axioms. We show that some of the combinations of the axioms are equivalent to well-known modal axioms. We apply the level-valuation technique to all of the systems to regain the closure under the rule of necessitation. We also point out that some of the resulting logics are not sublogics of S5 and comment briefly on the corresponding frame conditions that are forced by these axioms. Ultimately, we sketch a proof of meta-completeness for all of these systems. (shrink)

BackgroundDeficits in phonological processing are commonly reported in dyslexia but longitudinal evidence that poor speech perception compromises reading is scant. This 2-year longitudinal ERP study investigates changes in pre-attentive auditory processing that underlies categorical perception of mandarin lexical tones during the years children learn to read fluently. The main purpose of the present study was to explore the development of lexical tone categorical perception to see if it can predict children’s reading ability.MethodsBoth behavioral and electrophysiological measures were taken in this (...) study. Auditory event-related potentials were collected with a passive listening oddball paradigm. Using a stimulus continuum spanning from one lexical tone category exemplar to another, we identified a between-category and a within-category tone deviant that were acoustically equidistant from a standard stimulus. The standard stimulus occurred on 80% of trials, and one of two deviants equiprobably on the remaining trials. 8-year-old Mandarin speakers participated in both an initial ERP oddball paradigm and returned for a 2-year follow-up.ResultsThe between-category MMN and within-category MMN significantly correlate with each other at age 8 but not at age 10. The between-category MMN at age 8 can predict children’s ability at age 10 but the within-category cannot.ConclusionThe categorical perception of lexical tone is still developing from age 8 to age 10. The behavioral and electrophysiological results demonstrate that categorical perception of lexical tone at age 8 predicts children’s reading ability at age 10. (shrink)

Cognitively engaging activities have been shown to facilitate the improvement of executive functions in children. However, a limited number of studies have investigated whether the relationship between dose parameters of physical activities and executive functions, and heterogeneity exists. In the present study, we aim to explore the association between tennis training experience and executive functions in children. Sixty children between the ages of 8 and 12 were recruited in this study and were allocated to the short-term group and the long-term (...) group. The abilities of inhibitory control, cognitive flexibility, and working memory were measured by the Stop-signal task, Switching task, and N-back task, respectively. There was no significant group difference in either the accuracy or reaction time of the Stop-signal task. No significant difference between the groups' accuracy in the Switching task was observed. However, the LT group presented a shorter reaction time than the ST group in the Switching task. Additionally, training experience was positively associated with the reaction time of the Switching task. As for the N-back task, in comparison with the LT group, the ST group showed a longer reaction time. Moreover, training experience was also positively associated with the reaction time of the N-back task. But there was no significant group difference in the accuracy of the N-back task. In conclusion, children trained for over 1 year have better performance in cognitive flexibility and working memory than those trained in <1 year; thus, tennis experience is positively associated with executive functions. (shrink)

Leituras em Educação — volume 8 — constitui importante contribuição às discussões que se formulam sobre o ensino e a prática pedagógica - da leitura, da literatura infantojuvenil, da iniciação científica no Ensino Médio, dos infinitos diálogos com Paulo Freire. Esta coletânea, em seus cinco artigos, explora de modo consistente pressupostos teóricos que explicitam a importância da educação e sua construção em saberes, incluindo a tecnologia, quando refletem sobre a aprendizagem. Todas as leituras examinam, de maneira cuidadosa, a prática pedagógica (...) oferecendo minuciosos roteiros de trabalhos, mostrando com maturidade e espírito crítico algumas respostas obtidas. (shrink)

St. Augustine tells us that he worked on the De Trinitate on and off between 400 and 416. The aim of this work is basically twofold: to examine both how the absolute monotheism of Christianity can speak of three divine persons as well as to examine how humanity images this triune God. A rare treasure of theology and psychology, the DT has shaped most of the West’s talk about the Trinity. For how we read Scripture’s often oblique references to the (...) Trinity, how we understand the Trinitarian relations within God as well as what it means that the human person is created in this divine image, have been largely determined by Augustine. Given the importance and influence of the DT, it is curious that an English edition did not appear until the late nineteenth century when Philip Schaff included Arthur West Haddan’s translation in the 1887 Library of the Nicene and Post-Nicene Fathers series. Since then only two more full English translations have appeared: Stephen McKenna’s in 1963 and Edmund Hill’s in 1991. (shrink)

In previous issues of The Review of Metaphysics attention has been drawn to the project of Professor Richard Sorabji to publish the English translations of the ancient Greek commentators of Aristotle. We are happy to present a new volume of this series which contains the English translation of the commentary by Alexander of Aphrodisias on Aristotle’s Prior Analytics, I, chapters 8–13. In his preface Professor Sorabji underlines the importance of Alexander’s commentary on these chapters, in which Aristotle invented modal syllogistic. (...) This volume comprises the commentary on chapters 8 to 13. Chapters 1, 2, and 4 to 7 contain Aristotle’s assertoric syllogistic. For Alexander’s commentary on these chapters the translators refer to the excellent edition of Jonathon Barnes, et al. In chapters 8 to 13 Aristotle studies syllogisms which consist of two necessary propositions and those which are composed of one necessary proposition and a second which is modally unqualified. The central question is which modal syllogisms, analogous to assertoric syllogisms of the first figure, are true syllogisms. The translators have added Alexander’s commentary on chapter 17, where it is argued that a privative contingent proposition cannot be converted into a syllogism of the first figure. (shrink)

FERRAZ, Salma (org.). As malasartes de Lúcifer : textos críticos de Teologia e Literatura. Londrina: Editora da Universidade Estadual de Londrina, 2012. 281p. ISBN: 978 85 7216 618-8.

Este artículo discute el comentario de Alejandro a Aristóteles, Metafísica V.8 1017b23-26. Allí Aristóteles sostiene que la sustancia se dice de dos maneras: (i) el sustrato último, y (ii) la estructura y la forma de cada cosa. En cuanto al primer significado, el comentador apropiadamente pone énfasis en el hecho de que hay una perfecta biunivocidad entre ser sustancia y ser sustrato. Esta biunivocidad, sugiere Abbate, puede verse en las tres entidades que, según el mismo Aristóteles, desde las Categorías –una (...) fórmula reescrita por Alejandro que puede llamarse, en orden creciente, materia, compuesto y forma. De hecho, tales entidades muestran cómo ser el sustrato último significa no ser predicado de nada, un carácter que la forma se realiza por completo cuando es absolutamente inmaterial, en la medida en que no está constituida por referencia de una cosa a otra, menos aún cuál es su sustrato, esto es, la forma como esencia. En cuanto al segundo significado, el comentador parece individualizar tres acepciones diferentes, según las cuales la forma puede llamarse 1) solamente puede ser tal como una forma natural que es inmanente a los cuerpos; 2) como simplemente separada, en un sentido pasivo, de la materia la que se encuentra constitutivamente vinculada. Ésta es la razón por la cual no puede subsistir separadamente, si no virtualmente; como una forma eterna de los cuerpos divinos, no subsistente en relación a cualquier sustrato. De acuerdo con la última acepción, la forma como un motor divino indica una separación completa: tanto la individualidad de una sustancia primera como la trascendencia como una forma pura en acto. Es una sustancia suprasensible, que está separada tanto como el primer motor. Abbate concluye argumentando que Alejandro, por ende, nos autoriza a pensar que el primer carácter, esto es, el carácter que más que cualquier otro acepta la distinción entre aquello que es sustancia y todo lo que no es sustancia, si es cierto que las sustancias más elevadas, las inmateriales, se distinguen de las sustancias materiales en llevar al máximo cumplimiento este carácter. (shrink)

We present a novel annotated dataset of legal cases pertaining to Article 6 – the right to a fair trial – of the European Convention on Human Rights (ECHR). This dataset will serve as a useful resource to the research community, to assist in the training and evaluation of AI systems designed to embody the legal reasoning involved in determining the appropriate legal outcome from a description of the case material. The annotations were applied to provide finer-grain classifications (...) of legal cases at the document level. Each classification label was sourced from a domain knowledge model, derived with legal expert guidance and known as an Angelic Domain Model (ADM), such that the classifications correspond to the actual legal rationales used by the Court when determining the outcome of a given case. We discuss our annotation pipeline, including annotator training, inter-annotator reliability evaluation, and the dissemination of the annotation outputs and associated metadata. (shrink)