As a continuation of this author’s previous cosmological neuroscience papers on the hypothesized Soul of Multiverse and its possible laws, the present work examined the social aspects of four of these laws. The following key aspects were recognized: (1) Knowing about the cosmic Law of Coexistence in Diversity can let our mind respect not only the endless diversity of human beings but also the cohesive force of space-time in which all are connected. This may help realizing the (...) superiority of cooperation for shared goals over competition for gaining by harming others. (2) Knowing about the cosmic Law of Truth in Complexity can ready our mind to confront the problems of societies with the understanding that these problems are much more complex than generally thought. This may help initiating the needed intellectual renaissance of the 21st century. (3) Knowing about the cosmic Law of Divine - Evil Asymmetry can make our mind appreciate the slight yet sufficient supremacy of divine over evil. This may help restoring faith in the eventual creation of a just society, where social justice is defined as an administrative mechanism providing the right conditions for every human being to accomplish his or her Conscience-led Mission throughout life, while allowing each of these accomplishments to be reciprocated with the gratitude it induced in the involved social systems, small or large, to let equal opportunities in life coexist with due diversity in welcomed, not abused, social recognitions. And (4) knowing about the cosmic Law of Lives to Transcend can empower our mind to build on these advances. This may help moving evolution towards the human species worthy of its origin and destination. (shrink)

Symptom Checker Applications (SCA) are mobile applications often designed for the end-user to assist with symptom assessment and self-triage. SCA are meant to provide the user with easily accessible information about their own health conditions. However, SCA raise questions regarding ethical, legal, and social aspects (ELSA), for example, regarding fair access to this new technology. The aim of this scoping review is to identify the ELSA of SCA in the scientific literature. A scoping review was conducted to identify (...) the ELSA of SCA. Ten databases (e.g., Web of Science and PubMed) were used. Studies on SCA that address ELSA, written in English or German, were included in the review. The ELSA of SCA were extracted and synthesized using qualitative content analysis. A total of 25,061 references were identified, of which 39 were included in the analysis. The identified aspects were allotted to three main categories: (1) Technology; (2) Individual Level; and (3) Healthcare system. The results show that there are controversial debates in the literature on the ethical and social challenges of SCA usage. Furthermore, the debates are characterised by a lack of a specific legal perspective and empirical data. The review provides an overview on the spectrum of ELSA regarding SCA. It offers guidance to stakeholders in the healthcare system, for example, patients, healthcare professionals, and insurance providers and could be used in future empirical research to investigate the perspectives of those affected, such as users. (shrink)

The main goals of this work are: Ethical and social aspects of policy, contemporary liberal democratic structures, morality in political decision-making, human rights and their individual conceptions, political-philosophical ideas, function of a social-scientific education, selected aspects of security policy, environmental policy, eco-social market economy and religion and law.

Contemporary social theory and natural law : Jurgen Habermas -- A natural-law critique of modern social theory : Karl Lowith, Leo Strauss and Eric Voegelin -- Natural law and the question of universalism -- Modern natural law I : Hobbes and Rousseau on the state of nature and social life -- Modern natural law II : Kant and Hegel on proceduralism and ethical life -- Classical social theory I : Marx, Tonnies and Durkheim on alienation, community (...) and society -- Classical social theory II : Simmel and Weber on the universality of sociability and reasonableness -- Social theory as the natural law of 'artificial' social relations. (shrink)

The book contains critical analyses of injustice in connection to law and ethics, and develops normative alternatives linked to justice. It covers the relevant issues from social justice to cyber justice. The chapters address issues and concepts which guideline on social innovations, transformations inherent in democratizing processes, global conflicts and other interactions, including the ultimate danger of escalation to war conflicts, be they conventional wars or new cyberwars.--From publisher's website.

Regulatory Competition -- The Economic Case for Regulatory Competition -- Regulatory Competition and Utilitarianism -- Political Values under Competitive Pressure -- Law as a Contested Commodity -- Conclusion.

Social conventions are those arbitrary rules and norms governing the countless behaviors all of us engage in every day without necessarily thinking about them, from shaking hands when greeting someone to driving on the right side of the road. In this book, Andrei Marmor offers a pathbreaking and comprehensive philosophical analysis of conventions and the roles they play in social life and practical reason, and in doing so challenges the dominant view of social conventions first laid out (...) by David Lewis. Marmor begins by giving a general account of the nature of conventions, explaining the differences between coordinative and constitutive conventions and between deep and surface conventions. He then applies this analysis to explain how conventions work in language, morality, and law. Marmor clearly demonstrates that many important semantic and pragmatic aspects of language assumed by many theorists to be conventional are in fact not, and that the role of conventions in the moral domain is surprisingly complex, playing mostly an auxiliary and supportive role. Importantly, he casts new light on the conventional foundations of law, arguing that the distinction between deep and surface conventions can be used to answer the prevalent objections to legal conventionalism. Social Conventions is a much-needed reappraisal of the nature of the rules that regulate virtually every aspect of human conduct. (shrink)

A brain-computer interface technology that can decode the neural signals associated with attempted but unarticulated speech could offer a future efficient means of communication for people with severe motor impairments. Recent demonstrations have validated this approach. Here we assume that it will be possible in future to decode imagined (i.e., attempted but unarticulated) speech in people with severe motor impairments, and we consider the characteristics that could maximize the social utility of a BCI for communication. As a social (...) interaction, communication involves the needs and goals of both speaker and listener, particularly in contexts that have significant potential consequences. We explore three high-consequence legal situations in which neurally-decoded speech could have implications:Testimony, where decoded speech is used as evidence;Consent and Capacity, where it may be used as a means of agency and participation such as consent to medical treatment; andHarm, where such communications may be networked or may cause harm to others. We then illustrate how design choices might impact the social and legal acceptability of these technologies. (shrink)

This book engages the field of practice theory in order to consider law as a social practice. Taking up the theoretical concept of practices, the contributors to this volume maintain that law can be fruitfully understood as one among other social practices. Including perspectives from philosophers of language, experts in practice theory, linguists and legal philosophers, the book examines the twin questions of what it means for law to be considered a practice, and what law's place is among (...) other social practices. The book is comprised of three parts. The first provides a broad methodological framework for discussing how the concept of practice is used in the social sciences, and in law. The second deals with specific problems arising from the use of the concept of practice in the legal context, and from the intersection of different social practices. The third part identifies and addresses the consequences of applying insights from practice theory to law. Together, they offer a comprehensive consideration of what is at stake in understanding law as a social practice. This book will appeal to sociolegal scholars, sociologists of law, philosophers of language and action, as well as philosophers of law and legal theorists. (shrink)

Wittgenstein’s philosophy endeavored to define the role of language as communicative. Language became an original “code” of multifarious meanings and designations but it is also a code which entails emotions and different sorts of internal and external reactions of an individual. The mechanism of penalty and the notion of penalty have invariably raised emotions and meaningful reactions. The analysis focuses on a short derivation of the notion of penalty. It considers its functions, basic tasks and external impact—a short word revealing (...) so many actions and social behaviors. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 22 (2002) 2-15 [Access article in PDF] Economic Aspects of Social and Environmental Violence John B. Cobb Jr. Claremont School of Theology I When we think of violence, what first comes to mind are violent acts by individuals or groups against other individuals. We think of rapes and murders, lynchings and muggings, beatings and armed robberies. We want the police to protect us from this (...) violence. Unfortunately, we know that police are tempted, in turn, to employ their power in violent ways, chiefly against those guilty of crimes, but sometimes against the innocent. The cycle of violence on the part of individuals and groups goes on.Bad as this violence is, it is worse when the state, instead of restricting it, supports and requires it. Political authorities have always exercised violence against their own people, especially those they suspected of being threats to their power. But in the twentieth century, state violence reached previously unheard of levels. For the sake of building a communist society, Stalin killed millions and imprisoned millions more. The Nazis undertook to purify Germany of Jews, gypsies, and other undesirables through extermination undertaken through bureaucratic processes.We Americans do not think of ourselves as having employed state power in any such way. We know that national power was used violently to drive Native Americans off their land down through the nineteenth century. We know that southern states used their power to enforce segregation and protect whites who engaged in violent acts against blacks in order to maintain total white domination over them. But we now think of the national government much more as the protector of human rights. This is not entirely false.We tend not to recognize, however, the amount of violence the national government is exercising in the wars against crime and drugs. In order to reduce individual violence as well as drug use, we have created a prison population of two million. One-fourth of all the prisoners in the world are in the United States, most of them jailed for nonviolent crimes. Although drug use is more or less equally spread among ethnic and economic groups, most of those imprisoned for this crime are poor and ethnic minorities. In the name of law and order, enormous violence is inflicted by the United States against the people of its ghettos. [End Page 3]In this same century war also took on new dimensions. It has been waged against entire populations instead of armies. The aim at total destruction came to its fullest expression when twice the United States dropped atomic bombs on Japan.World War II has made all of us sadly aware of the horrors of state violence. It has turned us against nationalism. We are appalled as we see nationalism raise its ugly head again in the former Soviet Union and especially in the former Yugoslavia. When ethnic groups undertake to destroy each other, our moral condemnation is unambiguous. Personal, group, and state violence remains a problem, but at least the wrong involved in this is widely understood.In all civilization there has been another kind of violence—economic. In much of history economic violence has been closely related to the forms noted above. The rich have been able to impose their will on the poor because they could employ persons to exercise violence for them and they could influence state action. We see this glaringly in the "goon squads" employed by the wealthy in some Latin American countries to intimidate and kill those who protest their actions. These goon squads often work closely with the military power of the state.We know that in this country as well, wealth reduces the chance of conviction for crimes. It also buys influence in government. On the whole the United States government throughout history has supported the interests of those with money. Today the power of wealth in the political process is clearly evident. We recognize that this situation is corrupt, but we do not ordinarily think of it as a form of violence. This is because the violent consequences are indirect, and we are... (shrink)

Laws: are they a human invention or are they independent and indifferent to our existence? Are they there to be discovered, dictated, and enforced? Are they absolute and rigid, or do they evolve? Are they applicable in some cases and irrelevant in others? A group of multidisciplinary fellows and world-leading mentors from all habitable continents met at the Nanyang Technological University, Singapore and the IAS University of Birmingham, UK, to share and challenge their opinions on the subject. The results of (...) their deliberations are to be found in the chapters of this book. The existence, dynamics, and flexibility of laws are analyzed in the arts, economy, engineering, history, philosophy, and science. The role of law in real-life applications such as the historic transformations of laws in South Africa, the construction of dynamic cities within the law, potential insurmountable obstacles to building quantum computers, as well as charting the best route to low or even zero carbon emissions are addressed by the fellows and mentors. The meetings were held within the framework of the Inter-Continental-Academia of the University-Based Institutes of Advanced Studies. The concept is also described in this book. (shrink)

THE ESSAY IS A REPLY TO NORMAN BOWIE'S EARLIER ARTICLE "ASPECTS OF KANT'S PHILOSOPHY OF LAW" IN THE "FORUM" (VOL. II, 4). CONTRARY TO BOWIE, I CONTEND THAT THE NATURAL LAW ELEMENTS PREDOMINATE IN KANT'S PHILOSOPHY OF LAW. THE CITIZEN CONFRONTED BY A CIVIL LAW THAT RUNS COUNTER TO THE MORAL LAW HAS ALTERNATIVES OTHER THAN REBELLION. HE CAN (1) SEEK REFORM OF THE LAW, (2) OFFER 'NEGATIVE RESISTANCE' TO THE LAW, OR (3) 'AVOID SOCIETY ALTOGETHER'-BREAK THE SOCIAL (...) CONTRACT. (shrink)

What place, if any, ought cultural considerations have when we blame and punish in the criminal law? Bringing together political and legal theorists Criminal Law and Cultural Diversity offers original and diverse discussions that go to the heart of both legal and political debates about multiculturalism, human agency, and responsibility.

This book elaborates a new framework for considering and understanding the relationship between law and memory. How can law influence collective memory? What are the mechanisms law employs to influence social perceptions of the past? And how successful is law in its attempts to rewrite narratives about the past? As the field of memory studies has grown, this book takes a step back from established transitional justice narratives, returning to the core sociological, philosophical and legal theoretical issues that underpin (...) this field. The book then goes on to propose a new approach to the relationship between law and collective memory based on a conception of 'legal institutions of memory'. It then elaborates the functioning of such institutions through a range of examples - taken from Japan, Iraq, Brazil, Portugal, Rwanda and Poland - that move from the work of international tribunals and truth commissions to more explicit memory legislation. The book concludes with a general assessment of the contemporary intersections of law and memory, and their legal institutionalisation. This book will be of interest to scholars with relevant interests in the sociology of law, legal theory and international law, as well as in sociology and politics. (shrink)

A collection of essays which explore aspects of the myriad relationships (meta-theoretical, conceptual, epistemic, institutional and normative) between law, values and social practices.

Muslim legal culture is becoming more relevant to modern Ukraine, which can be explained, on the one hand, by the nature of Islam and, on the other, by the peculiarities of its current state in our country. After all, the internal logic of Islam, as a universal system that encompasses both religious and secular life, as one of the components of the awakening of Islam, involves recourse to Sharia, a strict adherence to which is an unmistakable criterion for Muslims of (...) deep religious faith. On the other hand, in addition to religious revival, in the lives of Muslims, social and economic, political, national and cultural problems need to be addressed and secular. It is secular relations that led to the formation of Muslim jurisprudence and its subsequent evolution. (shrink)

The topic of the impact of artificial intelligence on law, the legal profession and legal culture, in general, has not yet been sufficiently discussed in the Croatian scientific community. This paper aims to encourage a more comprehensive analysis of the relationship between the increasing use of artificial intelligence in our daily lives and the specifics of practising the legal profession in such an environment. Artificial intelligence is still a broad and heterogeneous field. It is therefore justified to ask the question: (...) Which of the many technologies currently being developed can be applied in the field of law? Which legal matters can be “entrusted” to the new technologies? To answer such and similar questions, it is necessary to have an excellent knowledge of both artificial intelligence and the law, as well as the areas in which they intersect. We have chosen criminal law, which is a part of public law and the ultimate social mechanism for responding to undesirable behaviour, as our object of study. We pay particular attention to its two important aspects: the element of culpability in a criminal offence and the possibility of autonomous decision-making in criminal law. The reflections have shown that Croatian criminal law may have the ability and potential to adapt to the challenges of artificial intelligence when it comes to culpability. On the other hand, the necessity and value of artificially intelligent decisions are questionable given the fundamental characteristics of criminal law. In conclusion, the authors express a departure from views of artificial intelligence as a decision-making substitute in criminal law but support the view that artificially intelligent legal technologies are an aid to decision-making. (shrink)

This book uses contemporary feminist insights to examine aspects of the classic social contractarians' arguments, concentrating upon the work of Hobbes, Spinoza ...

This volume contains a selection of papers presented at the special workshop "Truth and Objectivity in Law and Morals," held at the 26th World Congress of the IVR. The papers deal with diverse but correlated issues such as the search for truth in and through legal argumentation; the intelligible character of rules inside theories of interpretation which guarantee the coherence and the integrity of law; the role of hermeneutic analysis in the construction of the objectivity of law; the procedural and (...) contextual aspects of objectivity in legal reasoning; the role of objectivity in the distinction between the context of justification and the context of discovery; the problem about truth of normative propositions and legal statements; the incompatibility of non factualism with the traditional account of validity and legality; as well as the possibility of objectivity in morals. (shrink)

Can business be a moral enterprise? -- Employee rights and responsibilities : the internal constituencies of business -- Customers, community, and world : the external constituencies of business.

This collection focuses on how troubled times impact upon the law, the body politic, and the complex interrelationship among them. It centres on how they engage in a dialogue with the imagination and literature, thus triggering an emergent (but thus far underdeveloped) field concerning the 'legal imagination'. Legal change necessitates a close examination of the historical, cultural, social, and economic variables that promote and affect such change. This requires us to attend to the variety of non-legal variables that percolate (...) throughout the legal system. The collection probes 'the transatlantic constitution' and focuses attention on imagination in a common law context that seems to foster imagination as a cultural capability. The book is divided into four parts. The first part begins with a set of insights into the historical development of legal education in England and concludes with a reflection on the historical transition of England from an absolute monarchy to a republic. The second part of the volume examines the role that imagination plays in the functioning of the courts. The third part focuses on patterns of thought in legal scholarship and detects how legal imagination contributes to the process of producing new legal categories and terminology. The fourth part focuses on patterns of thought in legal scholarship, and looks to the impact of the imagination on legal thinking in the future. (shrink)

Social interaction and the constitution of mediated and nested space in the court of appeal -- Conclusion -- Concluding remarks: On becoming juridical -- Ways of spacing law and politics -- Becoming juridical -- Towards hybrid juridical spaces -- References -- Index.

Cet article présente une approche étymologique des termes souvent confondus pour exprimer ce que sont la loi et les droits. Il tente de découvrir les situations archétypes et les relations qui paraissent avoir été les références originales des mots tels que “loi” et “droits”, “légal” et “juste”, aussi bien que d’autres mots qui sont indispensables lorsqu’on aborde le droit et la justice : “liberté”, “égalité”, “paix”, “autorité”, “société”, etc... Les concepts du juste et du légal peuvent être clairement distingués ; (...) ils semblent appartenir à des perspectives catégoriquement différentes sur l’aspect social de l’existence humaine.La distinction entre eux apporte un éclairage intéressant, non seulement sur la conception du droit par le juriste, mais également sur la vieille controverse concernant le droit naturel. A partir de cette analyse émerge une conception de l’ordre social distinctement libérale ainsi qu’une conception du droit naturel non-normative, dépourvue de toute connotation métaphysique ou théologique en référence à un “droit supérieur”. Les éléments dévoilés par l’analyse apportent un schéma cohérent du droit qui peut servir de base à une logique de la loi non déontique fondée sur les droits.This paper presents an etymological approach to the confusing language of law and rights. It attempts to uncover the archetypical situations and relationships that appear to have been the original referents of words such as ‘law’ and ‘rights’, ‘legal’ and ‘just’, as well as other words that are indispensable in discourses about law and justice: ‘freedom’, ‘equality’, ‘peace’, ‘authority’, ‘society’ and others. The concepts of the lawful and the legal can be clearly distinguished; they appear to belong to categorically different perspectives on the social aspect of human existence. The distinction between them sheds an interesting light, not only on the lawyer’s conception of law, but also on the old controversy over natural law. From the analysis there emerges a distinctly liberal conception of social order as well as a naturalistic, nonnormative conception of natural law, with no metaphysical or theological connotations of a “higher law”. The elements uncovered by the analysis provide a coherent scheme of law that can serve as the basis for a nondeontic, rights-based logic of law. (shrink)

There have been serious controversies in the latter part of the 20th century about the roles and functions of scientific and medical research. In whose interests are medical and biomedical experiments conducted and what are the ethical implications of experimentation on subjects unable to give competent consent? From the decades following the Second World War and calls for the global banning of medical research to the cautious return to the notion that in controlled circumstances, medical research on human subjects is (...) in the best interest of the given individual and the broader population, this book addresses the key implications of experimentation on humans. This volume covers major ethical themes within biomedical research providing historical, philosophical, legal and policy reflections on the literature and specific issues in the field of research on human subjects. Focusing on special populations (the elderly, children, prisoners and the cognitively impaired) it represents the most up-to-date review of the special ethical and legal conflicts that arise with relation to experimentation on subjects from these groups. In the light of current initiatives for law reform pertaining to research ethics the world over, this volume provides a timely, comprehensive and provocative exploration of the field. The volume has been carefully organized to present important philosophical perspectives on organizing principles that should underlie any practical application. A forward-looking historical review of the regulatory regimes of principal jurisdictions, including of the legal controls already in place, provides the backdrop for future policy initiatives. Additionally, in the light of global restructuring of health care systems, several chapters have been devoted to epidemiological research and related issues. (shrink)

Why does the law spurn win-win transactions? -- Things we can't consent to, though no one knows why -- A parable -- Lessons -- The social choice connection -- Why is the law so full of loopholes? -- The irresistible wrong answer -- What is wrong with the irresistible answer? -- The voting analogy -- Turning the analogy into an identity -- Intentional fouls -- Why is the law so either/or? -- The proverbial rigidity of the law -- Line (...) drawing as a matter of life and death -- Why don't we punish all we condemn? -- The undercriminalization problem -- Multicriterial ranking and the undercriminalization problem -- Final thoughts. (shrink)

In the wake of Brexit and Trump, the debate surrounding post-truth fills the newspapers and is at the center of the public debate. Democratic institutions and the rule of law have always been constructed and legitimized by discourses of truth. And so the issue of "post-truth" or "fake truth" can be regarded as a contemporary degeneration of that legitimacy. But what, precisely, is post-truth from a theoretical point of view? Can it actually change perceptions of law, of institutions and political (...) power? And can it affect our understanding of society and social relations? What are its ideological premises? What are the technical conditions that foster it? And most importantly, does it have anything to teach lovers of the truth? Pursuing an interdisciplinary perspective, this book gathers both well-known and newer scholars from a range of subject areas, to engage in a philosophical interrogation of the relationship between truth and law. (shrink)

The topic of abortion was in the limelight again in Dobbs v Jackson, where the US Supreme Court overturned the decision of Roe v Wade, ‘which guaranteed women and pregnant people a constitutional right to abortion’. While not bound by the judgment, this gives us an opportunity to reflect on the current law in South Africa which regulates the termination of pregnancy. The primary piece of legislation which governs abortion is the Choice on Termination of Pregnancy Act. Section 2 of (...) the Act lists the grounds under which one may lawfully terminate a pregnancy. One of those grounds relates to the period of the 13th up until the 20th week of the gestation period, and states that if a medical practitioner, after consultation with the pregnant woman, is of the opinion that the continued pregnancy would significantly affect the social or economic circumstances of the woman, then the pregnancy may be lawfully terminated. The question is: What exactly is meant by ‘social grounds’? This article considers this aspect from a legal perspective and attempts to provide clarity on the issue, in the hope that this will be of assistance to medical practitioners who are concerned about the outcome of their actions, when assisting persons in this position. (shrink)

What is law? How is legal responsibility defined? How does law reflect moral judgment? Why are law's definitions uncertain and conflicted? Basic questions for liberal law and criminal justice - what could they have to do with the forgotten historical figure of the Beautiful Soul? Starting from concrete legal issues, Alan Norrie develops a critical vision of law in its relation to morality and socio-historical context. Liberal law, he argues, is marked by splits and contradictions (antinomies), signs of something missed. (...) Traced historically, such conflicts can be read today in law's treatment of legality and justice, judgment and responsibility. A critical understanding must also be self-critical. From splits in law, Norrie moves to the split in critique: between its socio-historical and ethical forms. Drawing on critical realism and deconstruction, on the dialectics of Hegel, Adorno and Bhaskar, he argues for a form of critical thought that is at once historical and ethical. Thinking critically about critique finally leads to the Beautiful Soul, and its unexpected relation to law. These essays will be of interest to academics and advanced students of legal theory; criminal law, criminology and criminal justice; law and social theory; and critical legal studies. (shrink)

The quest for autonomy : modern jurisprudence and the Oresteia -- Dilemmas of the self : law and confession -- Rationality and imagination in the law : Jürgen Habermas and Wallace Stevens.

The transgender experience predicts that the gender affirming pathway is undertaken. The gender affirmation process is not mandatory, and the process is not the same for all people. Affirmation of gender is a social determinant of transgender and gender diverse (TGD) health, but which also has a multidimensional structure: social, legal, psychological, and medical. At this point, however, it is necessary to understand the type of pathway that TGD people can undertake in Italy, so the purpose of this (...) paper is to make the articulation of the pathway known and explicit, trying to detect the sociological aspects and the impacts that the various components of the gender affirming pathway require. The gender affirming pathway in Italy is characterized by many critical issues: it is focused on the affirmation of medical, legal, and psychological dimensions; however, the affirmation of social gender is also important to promote their integration into society, their health and general well-being. In conclusion, it is necessary to develop and implement research and concrete impacts of social gender affirmation, the potential of which is to reduce inequalities, in general, and health, which negatively impact the Italian TGD individuals. (shrink)

Religion is intrinsically social, and hence irretrievably organizational, although organization is often seen as the darker side of the religious experience--power, routinization, and bureaucracy. Religion and secular organizations have long received separate scholarly scrutiny, but until now their confluence has been little considered. This interdisciplinary collection of mostly unpublished papers is the first volume to remedy the deficit. The project grew out of a three-year inquiry into religious institutions undertaken by Yale University's Program on Non-Profit Organizations and sponsored by (...) the Lilly Endowment. The scholars who took part in this effort weree challenged to apply new perspectives to the study of religious organizations, especially that strand of contemporary secular organizational theory known as "New Institutionalism." The result was this groundbreaking volume, which includes papers on various aspects of such topics as the historical sources and patterns of U.S. religious organizations, contemporary patterns of denominational authority, the congregation as an organization, and the interface between religious and secular institutions and movements. The contributors include an interdisciplinary mix of scholars from economics, history, law, social administration, and sociology. (shrink)

"[W]e must focus on what legalism, per se, means, and then ask why is it a good thing to have. Not less importantly, however, we must also realize that legalism can be excessive. Even if the rule of law is a good thing, too much of it may be bad. So the challenge for a theory of the rule of law is to articulate what the rule of law is, why is it good, and to what extent." "[T]he essense of (...) the ideal of the rule of law is that people ought to be governed by law. This general ideal has at least two main components. First, it requires that governments, namely, de facto political authorities, should rule, that is, guide their subjects' conduct, by law. Second, it requires that the law by which governments purport to rule should be such that it can actually guide human conduct." "The idea that governments should rule by law must be premised on the assumption that rule by law, regardless of the laws' specific content, is to be preferred to governance by other means of social control. And this immediately brings us to the second component of the rule of law, namely, that the law must be such that it can actually guide human conduct, and the further assumption that these necessary features of law embody certain virtues. In other words, unless we can first articulate what is unique about legal means of social control, and explain why those features promote certain goods, we cannot ground the idea that governments should rule by law." Discusses ways, following mainly Fuller, one can fail to make law. Notes that these are functional goods for the regulation of human behavior. They may have a connection to other things we value. We should not assume, though, that greater instantiation of these ideals is always better - sometimes ideals conflict such that more of one means less of another and "because such values, on their own grounds, set only a rough standard wherby gross deviations from it would be wrong." "Compliance with the generality-relevance principle is crucially important in safeguarding against such unjustified favoritism since it requires that the norm's subjects be those who qualify as such only on the basis of the reasons for enacting the norm in the first place." Though, we must recognize teh possibility of bad law in the sense of unjust discrimination. "It is part of the concept of law that the law purports to affect human behavior by introducing new norms and changing old ones. The concept of a norm and conduct-guidance by norms is an essential aspect of what the law is. Norms, as such, necessarily purport to provide reasons for action. A norm cannot provide a reason for action, however, unless its subjets are aware of the norm and regard it as a reason for action." Justifies some retroactivity in terms of the need for flexibility in any functioning legal system. "Legal positivism can accept the claim that law is, by its very nature or its essential functions in society, something good that deserves our moral appreciation. Nor is legal positivism forced to deny the plausible claim that wherever law exists, it must have a great many prescriptions which coincide with morality. There is probably a considerable overlap, and perhaps necessarily so, between the actual content of law and morality.". (shrink)

As a fiqh (Islamic jurisprudence) term, the concept of “ignorance” ex-presses uncertainties in legal transactions and, in Islamic law, is accepted as a situation that negatively impacts the legitimacy of contracts. If the sale is deferred, clarification of the delivery time of the price to be paid for the goods sold, the number of installments, etc. during the contract is considered essential for the validity of the transactions in order not to damage the principle of mutual consent in purchase and (...) sale transactions and to avoid conflicts between the parties. However, not every uncertainty is considered an obstacle to the validity of the contract, and minor uncertainties that do not lead to disputes are tolerated. The fiqh sources of four Islamic sects contain many examples of these uncertainties. This study firstly examines the effect of ignorance on the validity of purchasing contracts in Islamic law using the issues in classical fiqh sources and then analyses the housing sales contract of TOKI’s (housing development administration of Turkey) “my first house social housing project” in this context from a fiqh perspective. In addition, the study addresses the related housing sales contract in terms of the juristic preference method by considering the aspect of meeting an important need of society and realizing the purpose of this project. Then, while evaluating the issue from a juris-prudential point of view, the study discusses that the absolute and strict interpretation of the rule of “ignorance renders the contract void,” which is adopted by ignoring the public interest, does not produce favorable results. (shrink)

The action of social laws cannot be conceived of apart from the active role of the human subject, without the participation of the subjective factor in the historical process. This viewpoint seems to me to be the only correct one. It derives from the premise, postulated by Marxism, that people's social activity must be regarded as a mode of existence of social reality, the embodiment of the social form of movement of matter, and a mode of (...) functioning of social laws themselves. All social reality, considered as a whole, all so-called "humanized nature," preserves and reproduces itself only if it is embodied in living human activity and by means of it. For example, Marx observed that a machine taken out of the productive process ceases to be a productive force of society. He emphatically rejected the notion that the objective embodiments of the historical process could function and develop automatically, independently of people, and pointed out the dependence of their social functions on living human activity. All objective embodiments of the historical process are only intermediate links and aspects of a process in which individuals renew themselves as they renew the world created by them. (shrink)

520 "Allan Beever lays the foundation for a timely philosophical and empirical study of the nature of law with a detailed examination of the structure of evolving law through declaratory speech acts. This engaging book demonstrates both how law itself is achieved and also its ability to generate rights, duties, obligations, permissions and powers. Structured into three distinct parts - the philosophy of law and jurisprudence, the structure of the social word and the ontology of law, and the reconstruction (...) of the philosophy of law - the author provides insight into law as a human institution and reveals that central debates are often based on misunderstandings of interpretation and intentionality. Inspired by the philosophy of John Searle alongside other well-respected legal theorists, the author also analyses both sides of the mainstream jurisprudential divide in its current state, in particular the theory of legal positivism. Examining all aspects of law and answering the important question of 'What is Law?', this book will be an invaluable resource for academics and advanced students in law schools and philosophy departments. (shrink)

From the perspective of Marek J. Siemek’s theory of modernity, one of the most important problem is to include conflicts into institutional framework of the modern society. He reinterprets Hegel’s dialectics of the struggle for recognition by conceptual tools of Hobbes and Marx in order to uncover hidden assumptions and conditions of possibility of the social rationality. For Siemek, law as purely formal, autopoetic social system or social subject, which produces individual subjects, is the first of the (...) conditions of possibility of modernity. The second one is the convergence of formal and material presuppositions of law—or, speaking generally—the convergence of form and content of the social reason. Form and content, facticity and normativity, instrumentality and communicativity are aspects of the process of rationalization andof the only one reason, self-generating in the history. So for Siemek, the Hegelian model of the struggle for recognition gains its theoretical power only when it is interpreted from the perspective of economical, technical and legal rationalization of modernity. Only such perspective is able to construct “the transcendental social philosophy” which starts from critique of “the non-instrumental reason”. (shrink)

Private law and ethical life In Das Recht der Freiheit Axel Honneth develops his concept of social freedom. In this article I discuss Honneth’s project and critique one of its crucial aspects: Honneth’s views on the disruptive role of legal freedom in our society and its dependent relation to the sphere of social freedom. I argue that in his attempt in Das Recht der Freiheit to reactualize Hegel’s discourse on the realization of freedom for our time, Honneth (...) risks mistranslating Hegel’s discourse of ‘right’ by denying the sphere of legal relations a constitutive role for true freedom, and that because of this Honneth’s own theory of social freedom suffers: it becomes less clear whether it can still offer helpful insights into the proper place of legal freedom in our society. (shrink)

In this book Keith Graham examines the philosophical assumptions behind the ideas of group membership and loyalty. Drawing out the significance of social context, he challenges individualist views by placing collectivities such as committees, classes or nations within the moral realm. He offers an understanding of the multiplicity of sources which vie for the attention of human beings as they decide how to act, and challenges the conventional division between self-interest and altruism. He also offers a systematic account of (...) the different ways in which individuals can identify with or distance themselves from the groups to which they belong. His study will be of interest to readers in a range of disciplines including philosophy, politics, sociology, law and economics. (shrink)

John Dewey, one of the most important thinkers of pragmatism, elaborated a specific conception of law partially and gradually in the long course of his intellectual career. This part of his broader philosophical outlook is analyzed here through one of its most important segments - application of law - and interpreted in its historical, social and cultural background. The first part of the article concentrates on the 'objective' reasons for giving emphasis to the application of law in his legal (...) philosophy. This domination of the application of law in his legal thought is derived from the needs of a rapidly changing structure of the American society in the first half of the XX century, and theoretically has its place in an all around phenomenon in American intellectual history in general that Morton White terms antiformalism. The second part of the article analyses his legal conceptions and their connection with the general philosophical position of this pragmatist. Dewey formed his conception of application of law as an integral part of his broader philosophical standpoint, and especially on the basis of his radical reinterpretation of logic and truth. Since his understanding of the legal process has roots in his experimentalist conception of logic that encompasses the apprehension of the process of experimentation as the only warrant for the validity of propositions, he regards application as conditio sine qua non of the legality of norms in general. This leads us to the last part of the article that scathes possible lines of critical approach to Dewey's work in this field. The view that the legality of norms is derived from their application is in legal theory often regarded as sociologism, inasmuch as it disregards the normative aspects of the legal process and emphasizes the social ones to the point of making it void of the normative aspects in the totality of the process itself. The proper understanding of possible lines of criticism of Dewey's standpoints in legal philosophy guides us back again to confront his conceptions with their cultural background, with which the article begins. Autor se u clanku bavi koncepcijom primjene prava u filozofiji Dzona Djuija, pragmatiste bez presedana u obuhvatnosti i temeljnosti bavljenja filozofskim problemima, cije je misljenje na ovim prostorima rijetko bilo predmet razmatranja. Zamisljen kao uvodno ispitivanje filozofsko-pravne problematike u Djuijevoj filozofiji, clanak u prvom dijelu razmatra odnos njegove filozofije prava i americkog kulturnog konteksta. U drugom dijelu je izlozeno Djuijevo shvatanje primjene prava i konfrontirano je s njegovim opstim filozofskim tezama, u prvom redu s koncepcijom logike kao 'ispitivanja ispitivanja'. Konacno, autor pokusava da ocrta osnovne smjernice kritickog pristupa Djuijevim rjesenjima filozofsko-pravnih problema. (shrink)

This book examines the relationship between law and scientific advancement, with a particular focus on the theory of evolution and medical innovation. Historically, the law has struggled to keep pace with modern medical advances. The authors demonstrate that the laws that govern human behaviour must evolve in response to such advances."--Provided by publisher.

This volume addresses the study of family law and society in Europe, from medieval to contemporary ages. It examines the topic from a legal and social point of view. Furthermore, it investigates those aspects of the new family legal history that have not commonly been examined in depth by legal historians. The volume provides a new 'global' interpretative key of the development of family law in Europe. It presents essays about family and the Christian influence, family and criminal (...) law, family and civil liability, filiation (legitimate, natural and adopted children), and family and children labour law. In addition, it explores specific topics related to marriage, such as the matrimonial property regime from a European comparative perspective, and impediments to marriage, such as bigamy. The book also addresses topics including family, society and European juridical science. (shrink)