Human rights discourse has been likened to a global lingua franca, and in more ways than one, the analogy seems apt. Human rights discourse is a language that is used by all yet belongs uniquely to no particular place. It crosses not only the borders between nation-states, but also the divide between national law and international law: it appears in national constitutions and international treaties alike. But is it possible to conceive of human rights as a global (...) language or lingua franca not just in a figurative or metaphorical sense, but in a literal or linguistic sense as a legal dialect defined by distinctive patterns of word choice and usage? Does there exist a global language of human rights that transcends not only national borders, but also the divide between domestic and international law? Empirical analysis suggests that the answer is yes, but this global language comes in at least two variants or dialects. New techniques for performing automated content analysis enable us to analyze the bulk of all national constitutions over the last two centuries, together with the world’s leading regional and international human rights instruments, for patterns of linguistic similarity and to evaluate how much language, if any, they share in common. Specifically, we employ a technique known as topic modeling that disassembles texts into recurring verbal patterns. The results highlight the existence of two species or dialects of rights talk—the universalist dialect and the positive-rights dialect—both of which are global in reach and rising in popularity. The universalist dialect is generic in content and draws heavily on the type of language found in international and regional human rights instruments. It appears in particularly large doses in the constitutions of transitional states, developing states, and states that have been heavily exposed to the influence of the international community. The positive-rights dialect, by contrast, is characterized by its substantive emphasis on positive rights of a social or economic variety, and by its prevalence in lengthier constitutions and constitutions from outside the common law world, especially those of the Spanish-speaking world. Both dialects of rights talk are truly transnational, in the sense that they appear simultaneously in national, regional, and international legal instruments and transcend the distinction between domestic and international law. Their existence attests to the blurring of the boundary between constitutional law and international law. (shrink)

What makes the rule of law so special that it is to conscientiously punish the â oebadâ doers and reward the â oegoodâ onesâ "such that, where there is the rule of law, peace and order are to be expected, so that â oethe rule of law is better than the rule of any individualâ? Take the case of international law, as an illustration. While different international courts have been busy going after the killers of innocent victims in Rwanda and (...) Liberia, they have turned a blind eye to the major powers which have killedâ "on a much larger and more brutal scale, by comparisonâ "innocent civilians in Iraq and Afghanistan, just to cite two current examples. Contrary to the conventional wisdom conveniently held by many in human history, the rule of law has its other side which has not yet been systematically understood, such that the rule of law is neither possible nor desirable to the extent that the defenders of legal institutions in human history would like us to believe. Lest any misunderstanding hastily occur, this is not to imply that the rule of law is absolutely useless, or that the literature in jurisprudence (and other related fields like political philosophy, ethics, law and economics, and the sociology of law) should be dismissed because of its scholarly irrelevance. Of course, neither of these two extreme views is reasonable either. Instead, this book provides an alternative (better) way to understand the nature of law, in relation to its necessity and contingency in the context of justiceâ "while learning from different approaches in the literature but without favoring any one of them (nor integrating them, since they are not necessarily compatible with each other). In the process, this book offers a new theory to transcend the existing approaches in the literature in a new directionâ "in that, in the end, there is no justice without injustice and that it will be transcended too. This seminal project, if successful, will fundamentally change the way that we think about the nature of law, from the combined perspectives of the mind, nature, society, and culture, with enormous implications for the human future and what I originally called its â oepost-humanâ fate. (shrink)

And, indeed, the third of this trilogy of books, Social Dimensions of Law and Justice (), may also be regarded as similarly complementary to those which ...

The focus of this book is on the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law. How do the normative effects of automated decision systems or the interventions of robotic fellow 'beings' compare to the legal effect of written and unwritten law? To investigate these questions the book brings together two disciplinary perspectives rarely combined within the framework of one volume. One starts from the perspective of 'code and law' and the (...) other develops from the domain of 'law and literature'. Integrating original analyses of relevant novels or films, the authors discuss how computational technologies challenge traditional forms of legal thought and affect the regulation of human behavior. Thus, pertinent questions are raised about the theoretical assumptions underlying both scientific and legal practice. (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

Scholars generally divide into two camps regarding the role of religion in Hobbes's Leviathan. One side claims that the natural-law doctrine of Leviathan cannot work without sincere belief in God, and Leviathan's theology is sincerely intended to support it. The other side insists that the natural-law doctrine is intended to replace religious ethics and that the theology is insincere. This article first considers two arguments for the 'insincere' reading, the strangeness of Hobbes's theology and his use of certain rhetorical devices, (...) and finds them inadequate. It then analyses Hobbes's natural-law doctrine and argues that there is a fatal interpretive flaw in the 'sincere' reading -- no argument can be made consistent with Hobbes's philosophy to show that the natural law of self-preservation is in fact God's law, so his natural-law doctrine cannot rely on God's moral authority as Hobbes claims it does. (shrink)

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

The Article explores relationships between contemporary international human rights and democracy. In what respects are they two sides of the same coin, in what respects are they different coins? Do they depend on and complete each other? Can the two be in contradiction? The Article looks at these questions from several perspectives, including their historical connections, the changing definitions and understandings of each, their functional links, their determinacy, and their character as universal phenomena. It also indicates ways in which (...) courts, which have long interpreted and applied human rights, now also reach decisions about constitutional issues by drawing on their conception of democracy. (shrink)

The year is 2100. Geena is the proud new owner of Emit, a state-of-the-art robot. She has just unwrapped him, the packaging strewn across the dining room floor. Emit is designed to replicate the outward behaviour of a human being down to the last detail . Emit responds to questions in much the same way humans do. Ask him how he feels and he will say he has had a tough day, has a slight headache, is sorry he broke (...) that vase, and so on. Geena flips the switch at the back of Emit's neck to ‘on’. Emit springs to life. (shrink)

The experience of the twentieth century bears witness to the abuse, mutilation and homicide of the vulnerable made possible by the power of the state, mass markets, and medical and financial interests. Suggestions for reform of the law regarding food and fluids typically take place in the context of utilitarian personistic “quality-of-life” presuppositions, and interests in shifting legal responsibility for life-and-death decisions, medical research, drug trials, organ harvesting as well as more mundane bureaucratic concerns like bed-clearing. With the Western world (...) undergoing massive demographic change and a growing ageing and non-productive population, it cannot be assumed that these alterations to the positive law are problem-free. By allowing new agents power to require that food and fluids be withdrawn, non-therapeutic research and other procedures (like abortion and sterilisation) be performed on non-consenting patients, novel legislation such as that discussed cannot be regarded as autonomy enhancing so much as a threat to human rights. These laws although touted as progressive, more often than not invite routine abuse and destruction of the vulnerable, obscure accountability and create an inconsistent body of law, with conflicting obligations for health professionals. (shrink)

David Law's new book deals with Kierkegaard's `apophaticism' - or those elements of Kierkegaard's thought which emphasize the incapacity of human reason and the hiddenness of God.

Che 1-p'yŏn. Ch'ŏndo wa inbŏp (inbŏpch'ŏn) -- 1. Kodae Chungguk ŭi inbŏpch'ŏn ch'ŏrhak sasang -- 2. Sŏnjin sidae ch'ŏnmyŏnggwan ŭi chŏn'gae -- 3. Sŏnjin sidae chŏnt'ong chaeigwan -- 4. Kunju wa minbon : Sŏnjin sidae kunju, minbollon kwa chŏhang, hyŏngmyŏng sasang -- 5. Ch'ŏndo ŭi naeyong kwa inbŏp ŭi panyŏng - Che 2-p'yŏn. Hangsang kwa pyŏnhwa -- 1. To ŭi hangsangsŏng kwa pyŏnhwasŏng -- 2. Pŏp ŭi hangsangsŏng kwa pyŏnhwasŏng -- 3. Pŏpchesasang hangsang kwa pyŏnhwa -- 4. Ch'im Ka-bon kwa (...) Yang Kye-ch'o ŭi pyŏnbŏmnon pigyo -- Che 3-p'yŏn. P'yŏnghwa ŭi pŏp kwa yebang pŏphak : punjaeng ŭi p'yŏnghwa haegyŏl kwa yebang. (shrink)

The few passages in Spinoza’s work in which he focuses on the concept of human law have not received as much scholarly attention as passages focused on other themes, but they have still been very well examined. It is true that most of these studies do not directly aim to determine whether Spinoza adopts a normative conception of human law in the political-legal field or, if he does adopt such a conception, what the conditions under which he could (...) do so could be, given the logical-causal necessitarianism and naturalism of his metaphysics, explicitly reaffirmed in paragraph 3 of Chapter IV of the TTP. However, this problem is unavoidable, and it is precisely to this matter that I would like to contribute, in a rather modest way, by examining the answer that Spinoza himself offers in the passage just cited. My purpose is to demonstrate that these four paragraphs clarify how and why Spinoza can introduce a source of regulation of our actions (which is referred to by the expression “ab placito humanum”) that is different from the principles that necessarily follow from our nature without violating the basic tenets of his metaphysics. (shrink)

> Future people count. There could be a lot of them. We can make their lives better. > > -- William MacAskill, What We Owe The Future > > [Longtermism is] quite possibly the most dangerous secular belief system in the world today. > > -- Émile P. Torres, Against Longtermism Philosophers,1 2 psychologists,3 4 politicians5 and even some tech billionaires6 have sounded the alarm about artificial intelligence (AI) and the dangers it may pose to the long-term future of humanity. (...) Some believe it poses an existential risk (X-Risk)7 to our species, potentially causing our extinction or bringing about the collapse of human civilisation as we know it. The above quote from philosopher Will MacAskill captures the key tenets of ‘longtermism’, an ethical standpoint that places the onus on current generations to prevent AI-related—and other—X-Risks for the sake of people living in the future.1 2 Developing from an adjacent social movement commonly associated with utilitarian philosophy, ‘effective altruism’, longtermism has amassed following of its own. Its supporters argue that preventing X-Risks is at least as morally significant as addressing current challenges like global poverty. However, critics are concerned that such a distant-future focus will sideline efforts to tackle the many pressing moral issues facing humanity now.8 9 Indeed, according to ‘strong’ longtermism,10 future needs arguably should take precedence over present ones. In essence, the claim is that there is greater expected utility to allocating available resources to prevent human extinction in the future than there is to focusing on present lives, since doing so stands to benefit the incalculably large number of people in later generations who will far outweigh existing populations.1 Taken to the extreme, this view suggests it would be morally permissible, or even required, to actively neglect, harm or destroy large swathes of humanity as …. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

Every form of government, whether by its action or inaction, encourages certain forms of behavior and discourages others. The moral well being of a society necessitates its consideration of civil law's legitimate role in shaping moral character. In this paper, I will attepmt to argue that the Thomistic account of civil law is not merely negative, but entails a positive pedagogy that seeks to nurture the moral virtue of its citizens, for both the viciously inclined and those who are already (...) good. Furthermore, Aquinas’ theory of the common good is such that its role is not merely limited, i.e., through establishing some form of civic tranquility and providing basic goods of the material or economic order with little worry of the moral habits thus cultivated. The treatment of Thomas’ teaching on human law will not be fully exhausted in this paper. However, from examining the texts from the Summa Theologiae and the De Regno, it will appear evident that St. Thomas has provided a concise and intelligent framework for seeing and actualizing the necessary relationship between human law and moral virtue. (shrink)

Society has historically not taken a benign view of genetic disease. The laws permitting sterilization of the mentally re tarded~ and those proscribing consanguineous marriages are but two examples. Indeed as far back as the 5th-10th centuries, B.C.E., consanguineous unions were outlawed (Leviticus XVIII, 6). Case law has traditionally tended toward the conservative. It is reactive rather than directive, exerting its influence only after an individual or group has sustained injury and brought suit. In contrast, state legislatures have not been (...) inhibited in enacting statutes. Many of their products can be characterized as hasty, unnecessary, ill-conceived, and based on the heart rather than the head. Moreover the lack of expert consultation sought has also been remarkable. One state legislature, for example, has advocated immunization for sickle cell anemia! Many others have enacted laws for the screening of inborn errors of metabolism, e.g., phenylketon uria, but have poorly defined the lines of responsibility to secure compliance. A spate of specific disease-related bills has emerged in the u.S. Congress, each seeking recognition and appropriations. Sickle cell anemia, hemophilia, Cooley's anemia and Tay-Sachs disease have been among the front-runners for support. Finally, in 1975, Congress has begun to examine an omnibus bill concerning all forms of genetic disease. The bill, termed the National Genetic Diseases Act is, however, still far from being enacted. (shrink)

Despite the long history of beliefs about the therapeutic properties of work for people with mental ill health, rarely has therapeutic work itself been a focus for historical analysis. In this article, the development of a therapeutic work ethic (1813—1979) is presented, drawing particular attention to the changing character and quality of beliefs about therapeutic work throughout time. From hospital factories to radical ‘antipsychiatric’ communities, the article reveals the myriad forms of activities that have variously been considered fit work for (...) people with mental health problems. While popular stereotypes of basket-weaving paint a hapless portrait of institutional work, a more nuanced reading of therapeutic work and its political and philosophical commitments is advanced. The article concludes by arguing that the non-linear and inherently contested development of therapeutic work is less the effect of paradigmatic shifts within the therapeutic professions, but rather evidence of a broader human struggle with work. (shrink)

This chapter provides a survey of Kierkegaard's views of systematic theology, doctrine, and dogmatics. It demonstrates that while Kierkegaard's view of theology is generally negative, for he regards it as a human enterprise created in order to avoid doing God's Word, his attitude to doctrine and dogmatics is nuanced and complex. Kierkegaard rejects doctrine insofar as it objectifies Christianity, but nevertheless generally accepts the classic doctrines of the Christian faith and sees no reason to reform them. This ambivalence toward (...) doctrine stems from his conviction that the task facing the believer is not to reflect on doctrine, but to appropriate and apply it existentially to his/her own individual existence. Similarly, although Kierkegaard rejects the efforts of contemporary dogmaticians, dogmatics itself is valid insofar as it reproduces the paradoxical character of Christianity and the decision between faith and offense with which Christian dogmas confront every human being. (shrink)

This essay examines the theology of the nineteenth century Danish theologian and churchman Hans Lassen Martensen, focusing on the disputed question of the kenotic character of Martensen's Christology. A survey of the scholarship on this question is followed by discussions of Martensen's doctrine of God and his Christology, giving particular attention to his controversial notion of the double life of the Logos, i. e. the view that the Logos continued to enjoy an unlimited divine existence in the sphere of eternity (...) while simultaneously living a limited, earthly human existence for the duration of the incarnation. The essay concludes by arguing that Martensen has developed a form of Nestorianism and that his Christology can best be classified as ‘Nestorian kenoticism,’ i. e. an eccentric and problematic form of Christology which affirms the abandonment by the logos ensarkos of the divine attributes during the incarnation, while at the same time insisting that the logos asarkos remains unaffected and in full possession of his powers. (shrink)

RESUMEN: Este trabajo centra la atención en las características formales de la ley humana en el pensamiento de Juan de Mariana. En él se ofrece una presentación general de aquellas, acompañada de algunas circunstancias de la época. A continuación se trata de determinar la intención del autor en sus desarrollos y se analizan sus aportaciones, tanto desde la perspectiva del pensamiento ilustrado como desde el iusfilosófico de nuestro tiempo. Todo ello evidencia puntos de encuentro, pero también diferencias relevantes. El estudio (...) repara además en la aportación de los aspectos considerados en los ámbitos de la limitación al poder y la justicia. ABSTRACT: This article considers the formal characteristics of human law in the thought of Juan de Mariana. After a general introduction to those characteristics, accompanied by some contextual background, an attempt is made to ascertain the author’s intentions as his thought developed and to analyse his particular contribution to the matter through the double optic of enlightenment thought on the one hand, and contemporary jusphilosophy on the other. Some points of connection are found, but also various significant differences. At the same time, the article also gives some thought to the contribution made by the various aspects under consideration in the fields of justice and of the restriction of power. (shrink)

En este trabajo sobre los pensadores novohispanos Alonso de la Veracruz y Tomás de Mercado se seguirá la argumentación de un tema escasamente explorado: el papel fundacional de la ley natural y su interpretabilidad a través de la ley humana. Se mostrará que ambos autores, basados en las tradiciones salamantinas del siglo XVI, introducen un método que afirmaría la validez de la ley natural y, al mismo tiempo, permitir aplicaciones diversas de los parámetros normativos de la ley humana. Esto es (...) posible, como lo sostiene Veracruz en su crítica al diezmo para los pueblos indígenas, cuando la ley natural tenga que reinterpretarse a partir de hechos sociales concretos o cuando, como en el caso de Mercado, la ley humana sea congruente con la ley natural y, no obstante, tenga que desacatarse para evitar perjuicios personales o públicos en el plano comercial. (shrink)

This book represents a unique attempt to reconcile the traditional oppositions of the natural law and social utopian traditions, providing basic insights into the meaning of human rights in a socialist society.

This is an article that explores the question "what is the meaning of life?" particularly with respect to humanism and theism. It defends a humanist position, and refutes a number of arguments for the conclusion that a meaningful human existence requires the existence of God.

This book examines the controversies surrounding biomedical research in the twenty-first century from a human rights perspective, analyzing the evolution and ...

Many computational tools for the simulation and design of emergency evacuation and egress are now available. However, due to the scarcity of human and social behavioral data, these computational tools rely on assumptions that have been found inconsistent or unrealistic. This paper presents a multi-agent based framework for simulating human and social behavior during emergency evacuation. A prototype system has been developed, which is able to demonstrate some emergent behaviors, such as competitive, queuing, and herding behaviors. For illustration, (...) an example application of the system for safe egress design is provided. (shrink)

Whether legal systems are necessarily coercive raises normative concerns. Coercion carries a presumption of illegitimacy and a special justificatory burden. If legal systems are necessarily coercive, coerciveness necessarily taints our legal institutions. Traditionally, legal systems have been regarded as contingently coercive. This view is mainly supported by the society of angels thought experiment. For the past few years, however, this traditional view has been under attack. Critics have challenged the reliability of the thought experiment and have urged us to centre (...) the discussion on typical legal systems: legal systems made by humans to address human needs. Once we do so – they claim – we would inevitably reject the traditional view. This paper argues that the critics are wrong. After discussing key features of the society of angels thought experiment and responding to objections, it is argued that even typical legal systems are contingently coercive. Coerciveness is a feature that our legal systems can and should strive to get rid of. (shrink)

In Philosophy and International Law, David Lefkowitz examines core questions of legal and political philosophy through critical reflection on contemporary international law. Is international law really law? The answer depends on what makes law. Does the existence of law depend on coercive enforcement? Or institutions such as courts? Or fidelity to the requirements of the rule of law? Or conformity to moral standards? Answers to these questions are essential for determining the truth or falsity of international legal skepticism, and understanding (...) why it matters. Is international law morally defensible? This book makes a start to answering that question by engaging with recent debates on the nature and grounds of human rights, the moral justifiability of the law of war, the concept of a crime against humanity, the moral basis of universal jurisdiction, the propriety of international law governing secession, and the justice of international trade law. (shrink)