Law, often neglected in treatments of the Republic, is essential to the philosopher-kings’ rule. Only law accomplishes the partial divinization of citizens at which philosophical politics aims. Socrates’ interrogation of Thrasymachus and Glaucon reveals law to be a command whereby citizens participate in philosophical knowledge and limit the pleonexia congenital to humanity. Law does so primarily by instilling in souls a true opinion resistant to pleonectic passion, producing a state of political virtue. This primary work is supported by the musical (...) and poetical education, itself shaped by law for the sake of law. Law persuades and compels the soul by appealing to both reason and spiritedness, enabling them to overcome the appetites. The soul’s consequent acceptance of truth and resistance to the passions indeed makes it resemble divinity. In so transforming the citizens through the law, the philosopher-king also unifies the city and makes it happy under his rule. (shrink)

The article examines the place and role of the conception of the so-called educational services in the Russian legislation, which is one of the topical ideological problems of modern Russian educational policy. The author argues that the discussion of this issue in Russian society, in scientific publications and media as well as in government structure does not have a purely theoretical content but includes the most important practice-oriented aspects and raises the issues of the goals of education, (...) of the essence of the evolving system of educational relations, and, moreover, of the nature of the social system that has developed in Russia in general. According to the author, the conception of services is largely based on the desire to exclude the human factor from education, and it contradicts the specificity of educational relations, which implies the influence of a person on a person, the formation of a person by a person. The main content of the article is the analysis of alternative bills aimed at partial or complete exclusion of the conception of educational services from the legislation. The article analyzes the history of the issue, the arguments of supporters and opponents of the conception of educational services, as well as the parliamentary struggle and its results. The author substantiates that the discussed amendments to the Federal Law On Education in the Russian Federation is at best a half-way solution to the problem, and the work to improve federal legislation in this direction should be continued. (shrink)

This valuable resource provides academic and student affairs practitioners with the tools to make informed legal and ethical decisions in their college and university contexts. Law is constantly changing and is interpreted differently from campus to campus based on institutional culture and history. This text provides higher education practitioners with tools to anticipate practical and responsible action, engaging readers in anticipatory and reflective practice. In this text, Boettcher and Salinas introduce the Institutional Intelligence Model, a helpful framework that guides practitioners (...) in examining a wide variety of campus issues. Throughout the book, readers can explore perspectives from current practitioners and utilize case studies to examine specific topics including admissions, academics, student living, confidential resources, and graduate student experiences. By using the strategies in this book, practitioners will be equipped to successfully navigate legal and ethical issues on their campuses. This text is ideal for graduate students, student and academic affairs professionals, and those in leadership positions responsible for working with and supporting students and staff teams. (shrink)

Educational Legislation and Administration of the Colonial Governments is an unchanged, high-quality reprint of the original edition of 1899. Hansebooks is editor of the literature on different topic areas such as research and science, travel and expeditions, cooking and nutrition, medicine, and other genres. As a publisher we focus on the preservation of historical literature. Many works of historical writers and scientists are available today as antiques only. Hansebooks newly publishes these books and contributes to the preservation of (...) literature which has become rare and historical knowledge for the future. (shrink)

Bentham's central concern during the 1810s and 1820s was with the codification of the law. Rejecting both the common law and the historical approach to codification, he argued that a code of law should be based on a rigorous logical analysis of the categories of human action, and that each enactment should be followed by the reasons which justified it. Such an `all-comprehensive' code containing an `interwoven rationale' would signal a new era in legislation. Once one state had adopted (...) such a code, other states would be obliged to follow its example, and Bentham would become in effect 'legislator of the world'. Bentham attempted to persuade legislative authorities in the United States of America, Russia, Spain, Portugal, Greece, South and Central America, and elsewhere, to invite him to draft a code of law for them. The works presented in this volume record in fascinating detail Bentham's dealings with such eminent figures as James Madison, John Quincy Adams, Emperor Alexander I, Prince Adam Czartoryski, Alexander Mavrokordatos, Bernadino Rivadavia, and José del Valle. The production of a methodology for codification ranks as one of Bentham's outstanding theoretical achievements. Through the materials presented in this volume he emerges as a seminal figure in the development of liberalism throughout Europe and America in the early nineteenth century. (shrink)

The consilia which will be examined here were written in the vicinity of the papal Rota at Avignon by Oldradus da Ponte. Educated at Bologna, he appears to have arrived at the Lateran in the entourage of Peter Colonna just before the Colonna fled from the wrath of Boniface VIII, and after a short spell as assessor for the Capitano del Popolo at Bologna and then as a teacher at Padua, to have migrated to Avignon where he was still active (...) in 1337. Initially, Oldradus' consilium 69 will be examined on the assumption that even a document which has long been described as �famous�, �important�, �celebrated� and �interesting�, will reward reconsideration. It will be argued that Oldradus did in fact sound a discordant note which failed to harmonizewith what has been presented as a contemporary consensus, namely that Justinian's legislation ought to be treated with a �veneration similar to that accorded to Holy Scripture�. This will be followed by a broader analysis of the deployment and nature of biblical and other extra-legal authorities in his consilia. An epilogue examines the wider significance of Oldradus' consilia. (shrink)

Ethics, communication skills, and the law ('practice skills') are important in all aspects of modern health care. Doctors and nurses must be sensitive to the ethical aspects of their work and understand the legal framework within which clinical decisions are made. Well developed skills of communication, with patients, their relatives and other members of the clinical team, are a key feature of good clinical practice Until recently, the important of practice skills has been relatively neglected in health care education. This (...) situation is changing. The UK General Medical Council, for example, has recently identified three aspects as part of the core of the medical course, and the move to degree courses in nursing has led to an increasing focus of practice skills in nurse education. The Oxford Practice Skills Project (OPSP) team have developed a course, within the University of Oxford Clinical School, which covers the teaching of practice skills in an integrated manner. This course is widely recognized as one of the most systematic developments of education in these areas. This manual describes the OPSP course in detail and provides teaching materials. Although developed initially for medical students, it should be helpful to all those involved in teaching ethics, communication skills, and law in health care. Each Seminar is described in detail Tutors' guides are provided Student handouts are included Contains guidelines for introducing 'practice skills' into a busy clinical curriculum Includes over forty case histories for teaching and examination Gives details of many useful sources and resources Details a variety of teaching methods together with their advantages and disadvantages Provides an ethics teaching toolkit for clinical teachers new to this area Readers are welcome to photocopy any part of this manual for their own teaching. (shrink)

While the possibility of enacting a sui generis Biobank Act has been debated in Germany at great length, as of yet the country has not implemented any biobankspecific legislation. Instead, oversight is available via a network of research and privacy laws, including those of the European Union. The Nationale Kohorte, Germany's large-scale, population-based epidemiological research biobank, is funded by the Federal Ministry of Education and Research, and there are currently 108 registered bio-banks throughout Germany. The current system, including the (...) structure and study design of the Nationale Kohorte, privileges the protection of personal information even at the cost of socially desirable research; it remains to be seen if forthcoming legislation will shift this balance. (shrink)

One of the main philosophical outcomes of Plato’s Statesman is to define statesmanship as a prescriptive form of knowledge, exercising control over subordinate tekhnai. Against a widespread scholarly view according to which the Statesman offers a radically critical view of laws, this paper argues that the art of legislation has pride of place among these subordinate arts which also include rhetoric, strategy, the art of the judge and education.

Edited by two leading restorative justice scholars from the West and East, this unique e-book bridges a gap in the literature by bringing together new evidence on the application of restorative practices in educational settings. The book has two aims. First, it builds a bridge between the restorative justice world in the East with that of the West. The volume demonstrates how similar the theoretical and practical experiences are in the two sides of the world. It presents us with (...) evidence of what works in policy, research and practice and allows us to make comparisons for the future. Secondly, the book challenges restorative justice which is often seen through the narrow lenses of the criminal justice system. -/- ------ -/- “It is arrogant indeed to think that schools in the west have all the answers and we are somehow more advanced in our thinking and practice. The scope of the chapters in this book travails many of the issues that face schools and systems everywhere. This book is highly recommended for anyone practicing, studying or legislating restorative justice in educational settings. Restorative practice is who we are, not what we do!”. Margaret Thorsborne, Restorative practitioner, trainer, facilitator and author. (shrink)

The article analyzes the system of legal regulation of the higher education in Lithuania with the purpose to determine the boundaries of exercising the discretionary powers of the executive institutions in the field of higher education. The article is made of two parts. Discretionary powers of the executive institutions in legislative field are discussed in the first part. The power of legislative discretion is described as a right to set the legal regulation by way of a subject who is granted (...) such discretionary power. Problems may arise in cases when the law granting such discretionary powers is too abstract or declarative. The main criteria in determining the boundaries of exercise of discretionary powers are the provisions of Constitution and laws, and constitutional law principles. The system of delegation of legislative powers in the field of regulation of the higher education in Lithuania is analyzed in the second part of the article. The permanent changes in administrative legal regulation of higher education and studies determined by a vast amount of subjects issuing post-legislative legal acts in this field, as well as rather tedious legal regulation which, in turn, calls for frequent changes in legal acts, raises doubts regarding a possibility to implement main principles of the studies, such as freedom of creation and scientific research or academic freedom and autonomy. (shrink)

Despite recurring efforts, a gap exists across a variety of contexts between the protection of patients' safety in theory and in practice. This timely Research Handbook highlights these critical issues and suggests both legal and policy changes are necessary to better protect patients' safety. Multidisciplinary in nature, this Research Handbook features contributions from eminent academics, policy makers and medical practitioners from the Global North and South, discussing the essential facets concerning patient safety and the law. It highlights how the role (...) of legislation and case law has the potential to influence, both positively and negatively, medical practice and the quality of care. Chapters explore patient safety and the global health agenda; physiotherapy; 'non-therapeutic' clinical research with children; patient safety awareness in healthcare education; and the increasing use of robotics and artificial intelligence in healthcare. Outlining a wide range of international perspectives on patient safety and the law, this Research Handbook will appeal to academics and researchers specialising in health and medical law, human rights and healthcare regulation. It will also serve as a valuable resource for legal and medical practitioners alike, as well as clinicians and professionals working in healthcare governance. (shrink)

Despite some significant advances in the creation and protection of rights affecting women's health, these do not always translate into actual health benefits for women. This collection asks: 'What is an effective law and what influences law's effectiveness or ineffectiveness? What dynamics, elements, and conditions come together to limit law's capacity to achieve instrumental goals for women's health and the advancement of women's health rights?' The book presents an integrated, co-referential and sustained critical discussion of the normative and constitutive reasons (...) for law's limited effectiveness in the field of women's health. It offers comprehensive and cohesive explanatory accounts of law's limits and for the first time in the field, introduces a distinction between formal and substantive effectiveness of laws. Its approach is trans-systemic, multi-jurisdictional and comparative, with a focus on six countries in North America, Europe, Asia, and Africa and international human rights case law based on matters arising from Hungary, Portugal, Spain, Slovakia, Czech Republic, Peru and Bolivia. The book will be a valuable resource for educators, students, lawyers, rights advocates, and policy-makers working in women's health, socio-legal studies, human rights, feminist legal studies, and legal philosophy more broadly. (shrink)

Legal theorists seek to persuade other jurists of certain theories: Textualism or purposivism; formalism or realism; natural law theory or positivism; prison reform or abolition; universal or particular human rights? Despite voluminous literature about these debates, tremendous uncertainty remains about which views experts endorse. This Article presents the first-ever empirical study of American law professors about legal theory questions. A novel dataset of over six hundred law professors reveals expert consensus and dissensus about dozens of longstanding legal theory debates. -/- (...) Law professors also debate questions about the nature of the legal academy. Descriptively, which subjects (e.g. constitutional law) and methods (e.g. law & economics) are most central within the legal academy today? And prescriptively, should today’s legal academy prioritize additional areas (e.g. legislation) or methods (e.g. critical race theory)? There is great interest in these questions but no empirical dataset of experts’ views; this results in uncertainty about which views experts endorse. This Article’s empirical study also clarifies these questions, documenting law professors’ evaluation of over one-hundred areas of law. -/- The legal theory and legal academy findings support implications for legal scholarship, education, and practice. Clearly, debates about law and the legal academy’s evolution should not be settled by a survey. Nevertheless, insofar as law professors are experts about these issues, it is instructive to discover and carefully examine what views those experts hold, so as to help determine which views are most likely to be true and how the legal academy ought to develop. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 63.4 (2002) 619-637 [Access article in PDF] Maimonides and the Rise and Fall of the Sabians:Explaining Mosaic Laws and the Limits of Scholarship Jonathan Elukin The Koran mentions the Sabi'un three times (II 6-2, V 69, XXII 17). "Believers, Jews, Christians, and Sabi'un—whoever believes in Allah and the Last Day and does what is right—shall be rewarded by their Lord; they have nothing (...) to fear or to regret." This language is repeated in the second citation. The third appearance is slightly different: "As for true believers, the Jews, the Sabi'un, the Christians, the Magians, and the pagans, Allah will judge them on the Day of Resurrection. He bears witness to all things." 1 Early Islamic commentators often disagreed on the identity of the Sabi'un, and the confusion continued throughout the medieval Islamic period. 2 The term Sabi'un was applied by some early Koranic commentators to the survivors of an ancient Jewish-Christian sect, the Elchasites in southern Iraq. 3 One minority group of ethnic Arab "pagans" with a hellenized elite in Harran, in Arabia, also took the Koranic name Sabian in the third/ninth century to claim the status of a "people of the book" and therefore avoid persecution. It is this group that some later Muslims identified as Sabi'. 4 The scholarly consensus now suggests that [End Page 619] the term Sabian refers to some kind of Gnostic identity that can encompass "the disciples of Judeo-Christian baptizing sects... and, on the other, Harranian astrolators, the last representatives of decadent Greco-Roman paganism." 5The mysterious Sabians would play a key role in attempts by early modern European scholars to understand the origins of the Mosaic legislation. It was through Maimonides, the great twelfth-century Jewish scholar, that the Sabians were transmitted to Christian scholars. By the seventeenth century, the Sabians of Maimonides's Guide for the Perplexed had become a fixture in how scholars understood or at least debated the history of the origins of Mosaic law. Increasingly perceived as a diffuse paganism rather than a specific ethnic identity or subsumed by the more tangible reality of Egypt, Sabianism drifted to the margins of scholarship by the end of the Enlightenment. During the nineteenth century the Sabians became superfluous to scholarly efforts to understand the origins of Israelite monotheism. This study is an attempt to understand the growth of the enthusiasm for the Sabians by early modern scholars and then its precipitous decline. In a large degree it was the nature of the evidence itself regarding the Sabians that shaped and ultimately undermined the survival of the Sabians in European thinking. Still, both Christian and Jewish scholars well into the twentieth century lived with the ghosts of the Sabians as they sought to explain otherwise mysterious Mosaic commandments.In the Guide Maimonides argued that the sacrificial system legislated by Moses was an example of God's mercy. It would have been impossible for the Israelites to abandon suddenly the style of idolatrous worship learned in Egypt, and so Moses crafted the sacrificial system gradually to replace false gods with the true God. Maimonides still needed to explain the particular details and reasons for the sacrifices and the other ritual laws. 6 To that end he claimed to have read various texts, particularly the so-called Nabataen Agriculture, which purported to describe Abraham's education among and flight from the Sabians as well as a summary of the practices of the Sabians. 7 (The Sabians had made one brief appearance before Maimonides's discussion in the Guide; the tenth-century Karaite Jew, Qirqisani, declared in his Kitab al anwar, "the modern Christian philosophers assert that the laws of the Torah were given to the Children of Israel only because of God's wrath; and that they [Israel] have chosen these laws for themselves only on account of their resemblance to the laws of the Sabians, which was due to the fact that they became... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy of Music Education Review 11.2 (2003) 185-193 [Access article in PDF] Response to Marja Heimonen, "Music Education and Law:Regulation as an Instrument" Raimo Siltala University Of Helsinki, Finland From a legal point of view, Marja Heimonen's dissertation and the extract published in this issue of PMER, "Music Education and Law: Regulation as an Instrument," presents a most important question: Should music education be regulated by law, and if (...) so, by what kind of legal instruments—by strict legal rules, by softer legal standards, by self-regulation, or by leaving the matter to the laissez-faire and "invisible hand" of the market, where economic efficiency takes over from legal regulation? Heimonen's dissertation is to my knowledge the very first of its own kind, combining elements from music education and the law and, indeed, legal philosophy in an imaginative and highly original manner. Her scholarly position between music education and law is a courageous one because she might invite critical comments equally from the two branches of science involved: the music educational and the legal philosophical one. Yet, she has a gained a profound understanding of the specific needs of music education and of the restrictions of law and legal regulation, and the two-sided approach is really one of the true strengths, and not weaknesses, of the scholarly work. Her approach strives mainly at a broad hermeneutical comprehension of the issue in the humanistic [End Page 185] tradition, but there are other elements involved, as well, related to the analytical or instrumental tradition.There is a large legal comparative part in the treatise, covering approximately one third of the whole thesis, with material drawn from Sweden, England, Germany, and Finland and the system of music education in each. The three legal systems have been chosen with good discretion: one with a common law background (England), one belonging to the Roman-Germanic tradition (Germany), and one from the Scandinavian legal tradition (Sweden), and the Finnish system of music education is then compared to all of them. The Swedish model is based on equal opportunity given to all the applicants with no entrance examinations held and as many willing children accepted to the music schools as is possible. The British system, or rather a "non-system," of music education is privately owned and market-based, with only a few regulations issued by the government and with an emphasis on the visiting peripatetic teachers, voluntary Saturday music schools, and the special schools founded for the musically talented. The German system, like the one in Finland, is based on formal entrance examinations and degrees passed, where both a professional career in music performance and artistic self-expression may be pursued as the primary goal of music education."The Swedes have Abba and Roxette, we the Finns have Kaija Saariaho and Ralf Gothoni"—along with Esa-Pekka Salonen and other world-class conductors, one might add—as Heimonen notes in the text, but why is that so? Does the difference in the outcome, in the sense of a breakthrough either in popular music groups or individual performers in classical music, lie in the system of music education and the legislative ideology at the back of it? Heimonen refuses to give a simple and straightforward answer to that question, declining to place the various systems of music legislation in an order of preference. Instead, she adopts a broadly humanistic and hermeneutical perspective to the issue, where the merits and the disadvantages of each legal system are taken on an individual basis. The Shakespearean question that is so boldly put forth by her, "viz. to regulate or not to regulate," is answered only with reference to a widely humanistic understanding of the complex issue of music education where the intrinsic values of artistic self-expression and the instrumental values of training future professionals in music performance, composing, and conducting, are contrasted with other, but where no winners or losers are identified by her.There would seem to be a connection between a certain legal system and its model of... (shrink)

If in our use of imagery we are all of us the unacknowledged legislators of the world, it would follow that one can ‘serve the cause of sexual equality in education’ by challenging the way our images of the academic are gendered.1 This is the excellent stated purpose of Sabina Lovibond's short new book, Iris Murdoch, Gender and Philosophy.2.

Inclusive education is a process that integrates students with special needs inmainstream schools, providing them with appropriate support and adaptations. Thispaper discusses the differences between mainstream and special education, focusing onthe right to education, aims and approaches, responsibilities and competences, curricula,focus of education, teacher preparation, learning conditions, teaching methods, learningstandards, assessment and evaluations, teacher competencies, educational researchand legislation. In Macedonia, inclusive education started in 1998 and is still in theprocess of development, aimed at the full inclusion of students (...) with disabilities, which isstipulated in the Law on Basic Education passed in 2019.The methodology includes an analysis of existing research and laws, as well as acomparative study of regular and special education. Data from relevant sources such asEuropean and national education agencies, UNICEF reports and laws on special educationwere used. This methodology enables a detailed overview of the current situationand challenges in inclusive education.The conclusion is that although significant efforts have been made for theintegration of students with special needs in mainstream schools, there are manychallenges that need to be overcome. Better support for teachers, more resources andfunding, and a change in attitudes of the society are needed. With appropriate measuresand policies, real inclusion and quality education for all students can be achieved. (shrink)

This article analyzes the epistemological aims and justification of character education legislation passed by the North Carolina General Assembly. I take this specific state law as representative of the broader national trends in the character education movement. I primarily use the work of Richard Rorty as the theoretical lens for the analysis and critique. I conclude by commending aspects of the legislative effort, but I suggest that greater emphasis must be placed on strengthening students' ethics through democratic action inside (...) and outside schools and not on a right-leaning, conservative, and didactic curriculum. Further, as social foundations educators, it is imperative to make strides in our classrooms to expose preservice teachers to the apparent and hidden contradictions of using character education as a tool of educational reform. (shrink)

This paper develops an interpretation and analysis of the arguments for public education which open Book VIII of Aristotle's Politics, drawing on both the wider Aristotelian corpus and on examination of continuities with Plato's Laws. Part I: The paper opens with the question of why Aristotle would say that no one will doubt that education should be the concern of the legislator, and Sections I–III identify the nature of his enterprise in the Politics, the audience he wishes to address, the (...) conclusions he seeks to establish in VIII. 1, and what public education would amount to for him. An important conclusion reached is that the first of Aristotle's two conclusions in VIII.1 has been routinely misidentified. (shrink)

In Rousseau’s political theory, the Legislator’s task is to draft the best possible Constitution for a given people. His goal is to maintain the public liberties and to ensure the preservation and prosperity of the State. However, the main problem is “to put law above men” – that is: above the citizens in general and the members of the executive in particular. This paper examines how the Legislator takes up the problem by educating the citizens. The process of education implies (...) the development of reasonable thinking as well as the education of desire. Reasonable thinking is achieved through the formation of the general will. Education of human desire must be understood with respect to the distinction between amour-propre and amour-de-soi. The extension of amour-de-soi to a communityof fellow citizens plays a central role in the formation of the general will and contributes to the development of solidarity among the different social classes. Education of amour-propre plays a role in the development of a national identity. It plays also a role in the political governance of individual desires by means of an administration based on a hierarchy of functions, supervised by public opinion. However, the political governance of desire is challenged by the invisible power of money, which Rousseau tried to neutralize by limiting and slowing down the monetary circulation. (shrink)

This paper develops an interpretation and analysis of the arguments for public education which open Book VIII of Aristotle's Politics , drawing on both the wider Aristotelian corpus and on examination of continuities with Plato's Laws . Part III : Sections VIII-XI examine the two arguments which Aristotle adduces in support of the claim that education should be provided through a public system. The first of these arguments concerns the need to unify society through education for friendship and the sharing (...) of a common end. Several versions of his second argument are considered, and the most promising of them is elaborated in connection with an examination of the links between instruction and legislation in the Laws . This yields what is probably the most compelling argument there is for the claim that public supervision of education is a necessary condition for a just society. (shrink)

Background: Privacy laws have recently created restrictions on how researchers can approach study participants.Method: In a randomised trial of 152 patients, 50–74 years old, in a family practice, 60 were randomly selected to opt-out and 92 to opt-in methods. Patients were sent an introductory letter by their doctor in two phases, opt-out before and opt-in after introduction of the new Privacy Legislation in December 2001. Opt-out patients were contacted by researchers. Opt-in patients were contacted if patients responded by email, (...) free telephone number or a reply-paid card.Results: Opt-in recruited fewer patients after invitation compared with opt-out ; . No proportional difference in recruitment was found between opt-in and opt-out groups varied by age, sex or socioeconomic status. The opt-in group had significantly more people in active decision-making roles . Non-significant trends were observed towards opt-in being less likely to include people with lower education and people who were not screened . Opt-in was more likely to recruit people with a family history of colorectal cancer .Conclusions: The number of participants required to be approached was markedly increased in opt-in recruitment. Existing participants with a vested interest such as increased risk, and those preferring an active role in health decision making and with less education were likely to be recruited in opt-in. Research costs and generalisability are affected by implementing privacy legislation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 11.1 (2001) 91-112 [Access article in PDF] Scope Note 40 Animals in Research and Education: Ethical Issues Laura Jane Bishop and Anita Lonnes Nolen Scientific enquiry is inexorably tied to animal experimentation in the popular imagination and human history. Many, if not most, of the spectacular innovations in the medical understanding and treatment of today's human maladies have been based on research using animals. (...) However, the use of animals in research and experimentation has been debated, defended, and protested by both individuals and organizations at various levels. Responses range from personal lifestyle decisions and fervent philosophical treatises to strident arguments, violent demonstrations, and direct action. The continuum of attitudes about animals and the human relationship with animals spans the range between those who support no regulation of the human use of animals and those who advocate absolute animal liberation from all human use (see II, Orlans 1993, p. 22). History The first recorded experimentation on animals occurred in ancient Rome, but not until the Renaissance did scholars begin serious study of how the body works. Leonardo da Vinci (1452-1519) and other artists and anatomists pursued anatomical investigations of muscle and bone structure. William Harvey (1578-1657) discovered the circulation of the blood via his experiments on live deer. During this period, much live animal experimentation both in England and France was based on the view of French philosopher René Descartes (1596-1650) that animals are incapable of feeling pain. Jeremy Bentham (1748-1832), the English utilitarian philosopher, thought otherwise. In his "Introduction to the Principles of Morals and Legislation" in 1789, Bentham declared, "The question is not, can they reason? Nor, can they talk? But can they suffer? Despite Bentham and others, the belief that animals could not perceive pain persisted in many quarters into the twentieth century. Nineteenth century French physiologist Claude Bernard [End Page 91] (1813-1878)-and his teacher, François Magendie (1783-1855)-conducted wide-ranging animal experiments including surgery, use of drugs, and removal of body parts from many species. Bernard argued that while no amount of benefit could justify any harm to human research subjects, even extreme harm and pain for animal research subjects could be justified by the potential benefit to human beings. Although he did use anesthetics in his work after their discovery in 1847, even Bernard's later work was controversial because of the numbers of animals used and the repetitive nature of his research. The experiments of Magendie and Bernard both laid the foundations for animal experimentation as a practice for scientific advance and contributed in large measure to the emergence of the anti-vivisection movement. Public protests over animal experiments conducted in France and the fear that these might come to England led to the passage of the first law controlling animal experimentation, the "1876 Cruelty to Animals Act" in England. This history and the dynamic tension between scientific inquiry and public concern set the stage for the activism and scholarship of the twentieth century.Since the 1960s, the amount of attention, activism, and scholarship related to animal use has increased at a rapid pace. The modern animal protection movement, led by the Australian philosopher Peter Singer in his book, Animal Liberation (II, 1975), based its advocacy on animals' ability to experience pain and suffering (Bentham's argument). Singer's book and other investigations into animal research, such as LIFE magazine's photojournalism piece on pet theft, animal cruelty, and animal experimentation (Concentration Camps for Dogs. LIFE (4 February 1966), pp. 22-29), brought the use of animals in research, testing, and education to the attention of the general public. Activists, advocates, laypersons, scientists, lawmakers, and animals themselves, have created the interesting, complicated, and complex history of animal rights and animal welfare over the last several decades. Current Statistics Worldwide, approximately 35 million animals are used in research each year; the United States alone uses 12 million animals annually--more than any other country. In 1998, the official number of research animals recorded in the United States was 1... (shrink)

A survey on the knowledge and attitudes towards the Austrian organ donation legislation (an opt-out solution) of selected groups of the Austrian population taking into account factors such as age, gender, level of education, affiliation to healthcare professions and health related studies was conducted.

This paper surveys the conceptions of law and of legislation to be found in the philosophy of Julian the Emperor. A hierarchy of levels of law is described, going from transcendent divine orders and paradigmatic laws down to the laws of nature, laws innate in human souls and regional laws. Julian’s ideal legislator is discussed, as inspired by transcendent, paradigmatic laws and as subordinate to law and its protector. An example of Julian’s legislation is discussed. Attention is paid (...) to Julian’s use of Plato’s Republic, Statesman, and Laws. (shrink)

In 1988 a piece of higher education reform legislation titled The Higher Education Funding Act was devised by the Labor Government and enacted by the Commonwealth of Australia to become law. The te...

What are the prospects for ambitious political reform in communities of traditional, passionate, and even self-righteous citizens? Can thoughtful legislators create a healthy society for citizens whose judgment is typically unsound? In a searching and provocative analysis, Ryan Balot addresses these timely - though universal - political questions by offering a novel interpretation of Plato's Laws. Turning to the ancient past is essential to reinvigorating our contemporary understanding of these all-important issues. Previous readers have either celebrated the work's idealism or (...) denounced its totalitarianism. Balot, by contrast, refuses to interpret the dialogue as a political blueprint, whether admirable or misguided. He shows instead that it constitutes Plato's greatest philosophical investigation of political life. In this transformative re-appraisal, Balot reveals that Plato's goal was to cultivate a tragic attitude toward our political passions, commitments, and aspirations. The result is a profound political inquiry with far-reaching consequences. (shrink)

This article addresses conceal and carry laws on higher education campuses as ethical and social dilemmas. The Second Amendment reads, “A well regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed” (U. S. Const. amend. II 1791 ). Proponents for conceal and carry laws on college and university campuses often interpret the Second Amendment as an overarching right to have weapons, regardless of location. Opponents (...) of such legislation argue that allowing guns on campuses would be a mistake and student safety can be addressed in other ways. Throughout the 2010–2011 legislative sessions Arizona and Texas have been on the cusp of passing pro conceal and carry laws which would allow higher education students to carry weapons on campus. Over two decades states have increased access to weapons, while most in the U.S. have sentiments against their neighbors carrying arms (Kranz 2006 ). While the Second Amendment provides the right for individual to carry arms, higher education campuses are regarded as a subset of the population, a space for maturing adults and not a place for concealed weapons. (shrink)

If we analyze our legislation in detail, we can see that there are so-called “legal scissors”. On the one hand, the law guarantees freedom by equalizing the rights of all citizens of the state, and on the other - leaves believers outside the legal field declaring separation from the church. It should be noted that even the Law on Education does not guarantee the right to receive alternative education for children of believers, regardless of their affiliation with a religious (...) organization, in educational institutions. It should also be noted that even in the years of Ukraine's independence, the issue of granting theological education a proper status that would equate it to secular rights has not yet been resolved. Again, the principle is the separation of the school and the church. Here are some questions. (shrink)

This paper describes the different dimensions of the relation between moral reflection and legislative processes. It discusses some examples of the institutionalisation of moral reflection. It is argued that the relation between ethics and law is still an actual and relevant question. Ethics also has to reflect on its own role in political life. The paper defends the relevance of a theological perspective on the relation between law and ethics. In the last part it is argued that the modality of (...) relation between ethics and law depends on the specific character of social domain. (shrink)

ABSTRACTThis article investigates a virtue-centered approach to normative legal theory in the context of legislation. The core idea of such a theory is that the fundamental aim of law should be the promotion of human flourishing, where a flourishing human life is understood as a life of rational and social activities that express the human excellences. Law can promote flourishing in several ways. Because peace and prosperity are conducive to human flourishing, legislation should aim at the establishment and (...) maintenance of these conditions. The human excellences are developed in childhood and young adulthood by stable and nurturing families and by educational institutions: therefore, the law should support and foster families and schools. Although some critics have argued that an aretaic theory of legislation must support so-called “vice laws,” this is not the case. A virtue-centered approach must take into account the effects produced by criminalization of alcohol, drugs, gambling, and prosti... (shrink)

Of laws in general -- Of laws directly derived from the nature of government -- Of the principles of the three kinds of government -- That the laws of education ought to be relative to the principles of government -- That the laws given by the legislator ought to be relative to the nature of government -- Consquences of the principles of different governments, with respect to the simplicity of civil and criminal laws, the form of judgements, and inflicting of (...) punishments -- Consquences of the different principles of the three governments, with respect to sumptuary laws, luxury, and the condition of women -- Of the corruption of the principles of the three governments -- Of the laws in the relation they bear to defensive force -- Of laws, in the relation they bear to offensive force. (shrink)

The manual represents the evolution of the concept of law from antiquity to the end of XX century. It also describes some important Anglo-American directions in the philosophy of law, which are important for developments of Ukrainian legal system (legal positivism, naturalism, realism, criticism, feminism, economical theory of law, postmodernism, etc. The main text is supplemented with excerpts from the writings on the philosophy of law, which are little known for Ukrainian readers. The audience of textbook is students, educators, jurists (...) and lawyers, legislators, and public officials. -/- Contents in English. (shrink)

Legislation for dementia care needs to be continually rethought, if the rights of older persons and other persons with dementia are to be addressed properly. We propose a theoretical framework for understanding vulnerability and dependency, which enables us to problematize the currently prevailing legal conception of adults as always able — irrespective of health or age — to act autonomously in their everyday lives. Such an approach gives rise to difficult dilemmas when persons with dementia are forced to make (...) decisions on their own about basic living conditions, such as housing and care, without decision-making support. In Sweden, for example, such matters are frequently left to the person him- or herself to decide, often without any assistance from social workers, and with family members serving as caregivers of last resort.Using vulnerability theory as the framework for our discussion, we argue that policymakers should not apply a group-oriented approach (based on factors like age, legal status, or mental capacity) to persons suffering from dementia. The needs of such individuals are as complex and varied as they themselves are. We discuss our findings from an interdisciplinary (law/social work) research project in which we examine the dilemma that social workers face when they are required, under the terms of the Swedish Social Services Act, to determine whether persons with dementia are to be granted support.We argue further that a cross-disciplinary approach — in which vulnerability theory furnishes the framework — opens up for new ways of understanding and developing social welfare law and practice. This, we believe, can help us better address the rights, interests, and needs of people with dementia, of their families, and of professionals in the social welfare system. Finally, many of the problems faced by ageing societies in general can be understood on the basis of such an approach. (shrink)

This column describes the history, mission, and work of Saint Louis University School of Law’s service-learning course Health Law, Policy and Advocacy: Grassroots Advocacy. Grassroots Advocacy allows law students to work with advocacy organizations on state and federal health policy initiatives, engaging in legislative and administrative advocacy and public education. The course uses community collaboration, community-led advocacy, and collaborative learning to train the next generation of health policy advocates for Missouri and the nation.

Throughout his political works, Plato takes the aim of politics to be the virtue and happiness of the citizens and the unity of the city. This paper examines the roles played by law in promoting individual virtue and civic unity in the Republic, Statesman, and Laws. Section 1 argues that in the Republic, laws regulate important institutions, such as education, property, and family, and thereby creating a way of life that conduces to virtue and unity. Section 2 argues that in (...) the Statesman, the political expert determines the mean between extremes and communicates it to citizens through laws that guide their judgment and conduct, so that they become virtuous themselves and the city is unified; this account of the role of law suggest how even non-expert legislation can contribute to virtue and unity. Section 3 argues that the Laws affirms and develops the idea that citizens should know and accept the laws to become virtuous themselves and to unify the city, and explains how the persuasive preludes and the sanction for violation attached to laws contribute to citizen virtue and civic unity. (shrink)

Susan Sauvé Meyer presents a new translation of Plato's Laws, 1 and 2. In these opening books of Plato's last work, a Cretan, a Spartan, and an Athenian discuss legislative theory, moral psychology, and the criteria for evaluating art. The interlocutors compare the relative merits of different nomoi (laws, practices, institutions), in particular, the communal meals (sussitia) practiced in Sparta and Crete and the paradigmatically Athenian institution of the drinking party (sumposion). They agree that the legislator's goal is to inculcate (...) virtue in the citizens, but they disagree about what the virtues are, and what institutions are required to inculcate them. The Spartan and Cretan, who value military strength in a city and courage in its citizens, see no value in drinking parties, which they take to encourage softness and susceptibility to pleasure. The Athenian insists that drinking parties train citizens in moderation, just as military exercises train citizens in courage. He defends this paradoxical thesis by offering a moral psychology and theory of virtue (rather different from that of the Republic but highly evocative of Aristotle's Ethics), along with a theory of education in which choral song and dance play an important role. A detailed discussion of the criteria for evaluating works of art rounds out the discussion, and here too the reader will find a discussion very different from the treatment of art in the Republic. Meyer's fluent and readable translation achieves a high standard of fidelity to the original Greek. The commentary lays bare the structure of the argumentation, illuminates the philosophical issues, and explains difficult passages, making this complex and intricate work accessible to students and scholars alike. (shrink)

The question examined in this study is not merely how a Nietzschean critique of law would look had Nietzsche ever applied his genealogical method to the question of law, but also what positive function Nietzschean philosophy may ascribe to law, and how law must then be transformed. The methodological parable imagines a “post-genealogy” or “pot-ressentiment” phase of the human condition, akin to the Marxist “post-revolutionary” phase: how would law look for the person of power - overman or otherwise - who (...) needs to live among others? How is normativity possible - what are its forms and functions - in a social world that has undergone a reevaluation of all values? The study traces three possible models for conceptualizing law in Nietzschean terms, each requiring a radical shift from traditional (in different contexts: liberal, Christian, bourgeois) conceptions. The first one is play: law as affirming and embracing the essence of the Dionysian, which is perpetual becoming. Play requires us to let go of law's role as the curtailer of arbitrariness. An integral part of the Nietzschean program, it requires a radical reevaluation: not just law's content is overcome, nor merely its bourgeois forms (in Pashukanis' critical terms), but its “internal” or “inherent” values of certitude and stability are overcome as well. The model I offer for play is not Zarathustra's dicethrow but Borges' The Lottery in Babylon. The second model is that of resistance, framed by Nietzsche's analysis of power and Deleuze's distinction between active and reactive forces. The insight here is that power requires resistance, and it is law's primary function to empower the other in order to invest value in meeting and confronting her; thus the monism of the will to power not only does not do away with normativity in the public sphere but actually requires it - but for goals opposite to those of liberalism. Resistance is linked to the third model, fashioned after Nietzsche's model of education: here, law performs not as a socializing agent but rather as a “liberator” of authenticity. Its function is analogous to that of a mentor whose role is to ultimately encourage the pupil into coming into her own will, shedding ressentiment and bad conscience in an active, i.e. non-conscious way; in its relation to consciousness it is the opposite of psychoanalysis. A fourth consideration is then offered, the role of normativity in self-overcoming, or self-legislating; namely, how does normativity figure in the will to power's most significant challenge. While all these models work from an interpretation of the will to power as becoming, the last two are especially dependent on the active-reactive distinction. The cornerstone is not to mix up power with representations of power; to realize that the case is not the will that desires power (as an object of desire, this would necessarily involve a representation of power) but power that wills becoming. In dealing with this metaphysical question I expound on a similar crucial interpretation, originally offered by Deleuze; however, I break off from Deleuze's claim that the will to power has nothing to do with any notion of struggle. If this discussion of the will to power is missed , or if it is wrong, the main argument of this article can not hold. Finally, I use this interpretation of the will to power to solve Kafka's riddle in The Trial: a necessary move once one realizes that, in the ethical history of western culture, Kafka's parable of the seeker of the law before its closed gates continues a sequence that began with Plato's fable of the cave and continued with Zarathustra's cave parable. I add three points that may be termed methodological or contextual. The first is positioning Nietzsche's limited discussion of law and politics as a derivative of his metaphysics of the will and treatment of moral psychology, not as an independent topic to be searched and indexed in some textual corpus. The second is to understand the question of normativity in its particularly Nietzschean sense, i.e. “what is X to me/to the overman?”, and not in the Kantian sense of uncovering the conditions that entail any synthetic, a-priori sentence (such as normative ones). The last comment places the Nietzschean project in a larger pattern that defined radical thought in the late nineteenth and early twentieth centuries, and whose other cases are Marx and Freud: a new metaphysics (will to power/materialism/id) that uncovers a state of bondage, psychological and material, in which law plays a pivotal role in its function of reinforcer and supplier of a legitimizing language (respectively, of ressentiment, of the relations of production, of Oedipus and the bourgeois family); and finally radical, yet partial ways of overcoming bondage that are not mutually translatable - genealogy, revolution, psychoanalysis. (shrink)

In September 2020, relationships and sex education (RSE) became compulsory in all English secondary schools, and relationships education became compulsory in all English primary schools, marking a significant step forward in the fight to establish children's rights. Although the new RSE regime will help to ensure that many English schools provide pupils with a far more comprehensive RSE curriculum than ever before, the statutory guidance underpinning it includes a number of caveats that mean, although the subject is compulsory, not all (...) children will receive the same content. Arguably, along with the right to withdraw (which is often exercised on religious grounds), the most insidious of these ‘carve-outs’ allows faith schools to teach RSE according to their ‘distinctive religious character’. This exemption has been used to defend the use of religious RSE resources that critics maintain are misogynistic, homophobic and often draw heavily on pseudoscience, as well as to justify leaving certain topics (such as same-sex relationships or trans rights) out of classroom discussion altogether. Drawing on empirically informed normative case studies and recent reforms to the curriculum in Wales, I argue that faith-based carve-outs to RSE policy imperil children's access to a distinct package of educational goods. Using a recent framework for educational decision-making based on these goods developed by Brighouse et al. I go on to conclude that such policies are politically and morally unjustifiable (at least if one agrees that the relevant package of goods is desirable). I further maintain that, even when considered from the perspective of human rights law—which is often given as a pragmatic reason to allow more permissive policies with respect to teaching topics that may impinge upon parents’ deeply held convictions—there are no necessary grounds for governments to legislate for the subject to be circumscribed by the religious beliefs of parents or the faith ethos of the schools children attend. (shrink)

The penal code of the Laws has attracted scholarly attention because it appears to advance a coherent theory of punishment. The Laws' suggestion that legislation follow the model of 'free doctors', as well as its discussion of the Socratic paradox, leads one to expect a theory of punishment that recommends kolasis and nouthetesis rather than timoria. In practice, however, the Laws makes use of the language of timoria and categorizes some crimes as voluntary. While the Laws provides a searching (...) criticism of contemporary Greek penal practices rooted in anger and retribution, Kleinias' dramatic participation in the discussion forces the qualified inclusion of these common beliefs. While the Laws provides a philosophic intervention intended to reform the injustices of contemporary penal practices, it ultimately suggests that educated doxa, not theoretical completeness, is the proper standard for establishing a workable penal code. (shrink)

One of the most important discourses in contemporary religious studies is the definition of the essence and role of religious education and the problem of its coexistence with the secular. On this occasion in the circle of researchers there are diverse, sometimes opposite, points of view. The following headings of the reception of expediency of the implementation of religious education are as follows: 1) the emphasis on the current legislation on the separation of church from the state, in particular (...) the laws of Ukraine "On Freedom of Conscience and Religious Organizations" and "On Education"; 2) comparison of foreign experience in implementation of the implementation of religious education in the practice of social life, comparative analysis of the positions of supporters and opponents of religious education; 3) outline the problems of religious and spiritual education in the context of the formation of state-church relations, the complexity of incorporation of the religious component into the system of secular education, their demarcation; 4) the relevance of the distinction and delineation of religious and religious studies, the specificity of their functional orientation. (shrink)