This chapter contains section titled: Images of Legislation Legislation in Legal Theory Analytics of the Legislative Process Interpreting and Applying Legislation A Forum of Principle? References.

The question 'Why should I obey the law?' introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the greater number (...) of learned voices has expressed doubt that there is any such duty, at least as traditionally conceived. (shrink)

In this article, I propose and argue for a conception of inhuman treatment. In the human rights context, I claim, inhuman treatment is that which is grossly degrading. Relative to “cruel,” “inhumane,” and “degrading,” “inhuman” has received little attention from moral philosophers. My aim here is to analyze this concept in greater depth in order to determine what it brings to discussions about punishment and other kinds of treatment. I begin by drawing distinctions between “inhuman,” “inhumane,” and “degrading.” Then, I (...) discuss analyses of “inhuman treatment” proposed by Jeremy Waldron and John Vorhaus. Although I find both conceptions problematic, discussing each helps me to set the stage for my proposal. After articulating and arguing for my own conception, I conclude by briefly explaining some of its implications. (shrink)

Has human nature been essentially the same since the evolution of Homo sapiens? If we could observe tribal forest dwellers from the Paleolithic period, would we notice more similarities than differences compared with contemporary men and women? Or has human nature itself undergone such radical changes over the course of evolution that we would have trouble finding anything in common with our distant ancestors? Political scientist Jeremy J. Millett tackles these tough questions and more in this sweeping overview of (...) society and human nature past, present, and future. Combining philosophy, political theory, and the evidence of evolution, Millett argues that people today are very different from human beings of the distant past. He notes research suggesting that our genetic natures have been changing since the dawn of our species. Hence, the human nature of the 21st century is not the same as that of the 100th century BCE. Nor will humans of some distant future era be the same as us. Both the continuously developing genetic basis of human nature and the many differences of environment and culture have produced and will continue to produce people unlike us. Millett examines successive periods of human development—tribal, feudal, maritime, urban, and today's emerging global society, showing in each case how distinctive human nature was in each time period. He concludes by projecting into the future, forecasting an age of "autonomous people" who have largely escaped the need for government and for whom cooperation is the norm. A work of great erudition and fascinating speculation, People Unlike Us raises profound questions about human nature and the future of our species. (shrink)

Courts are sometimes called upon to review a law or some other official act of government to determine its constitutionality, its reasonableness, rationality, or its compatibility with fundamental principles of justice. In some jurisdictions, this power of judicial review includes the ability to ‘strike down’ or nullify a law duly passed by a legislature body. This article examines this practice and various criticisms of it, including the charge that it is fundamentally undemocratic. The focus is on the powerful critique mounted (...) by Jeremy Waldron, the foremost philosophical opponent of judicial review. (shrink)

This article challenges the tendency exhibited in arguments by Michael Ignatieff, Jeremy Waldron, and others to treat the Law of Armed Conflict as the only valid moral frame of reference for guiding armed rebels with just cause. To succeed, normative language and principles must reflect not only the wrongs of ‘terrorism’ and war crimes, but also the rights of legitimate rebels. However, these do not always correspond to the legal privileges of combatants. Rebels are often unlikely to gain (...) belligerent recognition and might sometimes have strong moral reasons to exceed the rights of regular combatants. Where this gives rise to tensions between morality and the LOAC, a decision is needed to determine which to follow. Setting aside the idea of suppressing just war theory altogether in favour of a more purely regulatory approach to war and reforming law in the direct light of moral theory, I question the attempt by Waldron to argue that moral weight of the legal conventions at the heart of the LOAC trump any moral reasons there might be for breaching them. Even if non-combatant immunity is, as Waldron suggests, a deadly serious convention, I argue that war is justified only if pursued for the sake of deadly serious causes which may even be serious enough to oblige agents to break the law. A political theory of the ethics of war is needed to mediate between the moral and legal in such cases where they cannot be reconciled directly. (shrink)

Pancreatic β‐cells in the islet of Langerhans produce the hormone insulin, which maintains blood glucose homeostasis. Perturbations in β‐cell function may lead to impairment of insulin production and secretion and the onset of diabetes mellitus. Several essential β‐cell factors have been identified that are required for normal β‐cell function, including six genes that when mutated give rise to inherited forms of diabetes known as Maturity Onset Diabetes of the Young (MODY). However, the intracellular signaling pathways that control expression of MODY (...) and other factors continue to be revealed. Post‐transplant diabetes mellitus in patients taking the calcineurin inhibitors tacrolimus (FK506) or cyclosporin A indicates that calcineurin and its substrate the Nuclear Factor of Activated T‐cells (NFAT) may be required for β‐cell function. Here recent advances in our understanding of calcineurin and NFAT signaling in the β‐cell are reviewed. Novel therapeutic approaches for the treatment of diabetes are also discussed. BioEssays 29:1011–1021, 2007. © 2007 Wiley Periodicals, Inc. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2016 Heft: 208 Seiten: 79-101.

When I reflect on reading Bryan Warnick's Imitation and Education, I am appreciative that I was given the opportunity not only to read it but also to think about its issues as thoroughly as I have in the process of writing this essay. I share Warnick's surprise that, prior to his book, no one had attempted to explore the relationship between imitation and education in a philosophically meaningful manner. Before reading his book, I did not realize that imitation was such (...) a philosophically rich topic, especially once you consider its educational implications. In particular, I was oblivious to the connection between various conceptions of the self and imitation. I had no idea that different interpretations of the .. (shrink)

There may be more than 1 answer to a question, and more than 1 way to achieve the result, even in science.

Examines the political dimensions of Aristophanes’ comic poetry. This original and wide-ranging collection of essays offers, for the first time, a comprehensive examination of the political dimensions of that madcap comic poet Aristophanes. Rejecting the claim that Aristophanes is little more than a mere comedian, the contributors to this fascinating volume demonstrate that Aristophanes deserves to be placed in the ranks of the greatest Greek political thinkers. As these essays reveal, all of Aristophanes’ plays treat issues of fundamental political importance, (...) from war and peace, poverty and wealth, the relation between the sexes, demagoguery and democracy to the role of philosophy and poetry in political society. Accessible to students as well as scholars, The Political Theory of Aristophanes can be utilized easily in the classroom, but at the same time serve as a valuable source for those conducting more advanced research. Whether the field is political philosophy, classical studies, history, or literary criticism, this work will make it necessary to reconceptualize how we understand this great Athenian poet and force us to recognize the political ramifications and underpinnings of his uproarious comedies. Jeremy J. Mhire is Assistant Professor of Political Science at Louisiana Tech University. Bryan-Paul Frost is James A. and Kaye L. Crocker Endowed Professor of Political Science at the University of Louisiana at Lafayette and the coeditor (with Jeffrey Sikkenga) of History of American Political Thought. (shrink)

The first part of this paper surveys the current literature in the history of nineteenth-century mathematics in order to show that the question “Did the increasing abstraction of mathematics lead to a sense of anxiety?” is a new and valid question. I argue that the mathematics of the nineteenth century is marked by a growing appreciation of error leading to a note of anxiety, hesitant at first but persistent by 1900. This mounting disquiet about so many aspects of mathematics after (...) 1850 is seldom discussed. The second part explores the issue of anxiety in mathematical life through an interesting account of an address made by a mathematician in 1911, Oscar Perron. The third and final part ventures some conclusions about the value of anxiety as a question for historians of mathematics to pursue. (shrink)

Although the pedagogy literature indicates significant relationships between cheating intentions and both personal and situational factors, no published research has examined the joint effect of personal moral philosophy and perceived moral intensity components on students’ cheating intentions. Hence, a structural equation model that relates magnitude of consequences, relativism, and idealism to willingness to cheat, is developed and tested. Using data from undergraduate business students, the empirical results provide insight into these relationships and evidence of mediation for magnitude of consequences on (...) idealism and students’ cheating intentions. Implications for educators are offered. (shrink)

Transforming Early English shows how historical pragmatics can offer a powerful explanatory framework for the changes medieval English and Older Scots texts undergo, as they are transmitted over time and space. The book argues that formal features such as spelling, script and font, and punctuation - often neglected in critical engagement with past texts - relate closely to dynamic, shifting socio-cultural processes, imperatives and functions. This theme is illustrated through numerous case-studies in textual recuperation, ranging from the reinvention of Old (...) English poetry and prose in the later medieval and early modern periods, to the eighteenth-century 'vernacular revival' of literature in Older Scots. (shrink)

_ Source: _Volume 12, Issue 1, pp 13 - 38 This paper assembles evidence from the full scope of Julian’s writings that the emperor had a pronounced interest in medicine and human health, which impacted both his rhetorical and real approach to political, philosophical, and religious problems. His initiatives aimed to promote doctors, medical research, and public health. He emphasized a holistic view of bodily and spiritual health in his version of theurgic Neoplatonism. Medical frames of reference also played an (...) appreciable role in his anti-Christian program. Finally, he himself and others styled him as a physician-king on a divine mission to heal the Empire of the Christian disease. (shrink)

Four classes of naturally rare vascular plant species are described and classified, based on parameters of spatial distribution and longevity. Properties intrinsic to these time/space parameters are explored and an importance hierarchy of causes of rarity is proposed for each class. These hierarchies serve as the basis for a predictive classification. Human causes of rarity such as habitat destruction and taxonomic difficulties are not considered in detail here but are discussed as confounding factors in the elucidation of rarity in vascular (...) plants. Several examples are provided to illustrate this classification and provide testable hypotheses concerning the origins of natural rarity in plant species. (shrink)

In this article, I critically evaluate the positions of Professors Jeremy Waldron and W.J. Waluchow on the right-based merits of entrenched constitutions and strong judicial review. I support Waluchow in arguing that (i) prohibitions on the constitutional entrenchment of rights and resultant prohibitions of strong judicial review may be only superficially fair or democratic, since fair procedure alone can neither eliminate pre-existing inequalities nor ultimately take the autonomy vital to self-governance seriously (whether individual or collective). Secondly, (ii) if (...) deep dissensus fails to exist on all substantive matters of rights, the constitutional entrenchment of rights combined with strong judicial review can indeed be achieved fairly. I then propose that (iii) the anti-constitutionalist concern about being governed by the ‘dead hand of the past’ is self-refuting, for the alternative is simply another constraint on autonomy. While this is largely consistent with Waluchow's position vis-à-vis Waldron's majoritarianism, I end by expressing serious concerns regarding whether the common law (and the ‘constitutional morality’ that Waluchow claims can be derived from it) can act as a sufficiently robust basis for the protection of liberal and egalitarian rights. (shrink)

It has been suggested that water and social values were divorced in modernity. This paper argues otherwise. First, it demonstrates the historical link between ethics and politics using the case of American water governance. It engages theories regarding state-centric water planning under ‘high modernism’ and the claim that water was seen as a neutral resource that could be objectively governed. By developing an alternate view from the writings of early American water leaders, J.W. Powell and W.J. McGee, the paper offers (...) a way to understand the project of state-centred governance without the claim that water falls to the latter half of a society/nature dualism. Second, the paper reviews how the emerging ‘water ethics’ discourse helps organise both the ethical and legal norms at play within contemporary political shifts towards decentralised governance. The review identifies how McGee's early influence may warrant more attention, both in terms of water governance and environmental ethics. The paper concludes by arguing that, given the arguments presented, success in decentralising water governance turns not only on political considerations, but also on fairly ordering normative claims as part of fostering and extending the reach of coordinated water governance. (shrink)

This authoritative survey offers a concise description of Middle English, the language of Chaucer, during the period from 1100 to 1500. Middle English is discussed in relation to both earlier and later stages in the history of English and in regard to other languages with which it came into contact. The book covers the principal features of Middle English spelling, pronunciation, grammar, and vocabulary and also introduces Middle English textual studies.

An enduring theme of Western philosophy is that we are all one another’s equals. Yet the principle of basic equality is woefully under-explored in modern moral and political philosophy. What does it mean to say we are all one another’s equals? Jeremy Waldron confronts this question fully and unflinchingly in a major new multifaceted account.

In _Nonsense upon Stilts¸_ first published in 1987, Waldron includes and discusses extracts from three classic critiques of the idea of natural rights embodied in the 1789 Declaration of the Rights of Man and the Citizen. Each text is prefaced by an historical introduction and an analysis of its main themes. The collection as a whole in introduced with an essay tracing the philosophical background to the three critiques as well as the eighteenth-century idea of natural rights which they (...) attacked. But the point of reproducing these works is not merely historical. Modern attacks on ‘rights-based’ political philosophy mirror the concerns of Bentham, Burke and Marx. Jeremy Waldron has therefore added an extensive concluding essay which relates these classic texts to the modern discussion of rights and re-examines the idea of rights in the light of contemporary critiques. This text provides an invaluable teaching tool for courses in politics and philosophy. (shrink)

The recent genome sequencing of a non‐vertebrate deuterostome, the ascidian tunicate Ciona intestinalis, makes a substantial contribution to the fields of evolutionary and developmental biology.1 Tunicates have some of the smallest bilaterian genomes, embryos with relatively few cells, fixed lineages and early determination of cell fates. Initial analyses of the C. intestinalis genome indicate that it has been evolving rapidly. Comparisons with other bilaterians show that C. intestinalis has lost a number of genes, and that many genes linked together in (...) most other bilaterians have become uncoupled. In addition, a number of independent, lineage‐specific gene duplications have been detected. These new results, although interesting in themselves, will take on a deeper significance once the genomes of additional invertebrate deuterostomes (e.g. echinoderms, hemichordates and amphioxus) have been sequenced. With such a broadened database, comparative genomics can begin to ask pointed questions about the relationship between the evolution of genomes and the evolution of body plans. BioEssays 25:529–532, 2003. © 2003 Wiley Periodicals, Inc. (shrink)

Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.

This chapter contains section titled: I II III.

This volume collects two lectures by Jeremy Waldron that were originally given as Berkeley Tanner Lectures along with responses to the lectures from Wai Chee Dimock, Don Herzog, and Michael Rosen; a reply to the responses by Waldron; and an introduction by Meir Dan-Cohen.

Can the right to private property be claimed as one of the `rights of mankind'? This is the central question of this comprehensive and critical examination of the subject of private property. Jeremy Waldron contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property to freedom. He provides a detailed discussion of the theories of property found in Locke's Second Treatise and Hegel's Philosophy of Right to illustrate this (...) contrast. The book contains original analyses of the concept of ownership, the ideas of rights, and the relation between property and equality. The author's overriding determination throughout is to follow through the arguments and values used to justify private ownership. He finds that the traditional arguments about property yield some surprisingly radical conclusions. (shrink)