Hegel's often-echoed verdict on the apolitical character of philosophy in the Hellenistic age is challenged in this collection of essays, originally presented at the sixth meeting of the Symposium Hellenisticum. An international team of leading scholars reveals a vigorous intellectual scene of great diversity: analyses of political leadership and the Roman constitution in Aristotelian terms; Cynic repudiation of the polis - but accommodation with its rulers; Stoic and Epicurean theories of justice as the foundation of society; Cicero's moral critique of (...) the traditional political pursuit of glory. The volume as a whole offers a comprehensive guide to the main currents of social and political philosophy in a period of increasing interest to classicists, philosophers and cultural and intellectual historians. (shrink)

The requirement that animals be used in research and testing in order to protect humans was formalized in the Nuremberg Code and subsequent national and international laws, codes, and declarations. We review the history of these requirements and contrast what was known via science about animal models then with what is known now. We further analyze the predictive value of animal models when used as test subjects for human response to drugs and disease. We explore the use of animals for (...) models in toxicity testing as an example of the problem with using animal models. We conclude that the requirements for animal testing found in the Nuremberg Code were based on scientifically outdated principles, compromised by people with a vested interest in animal experimentation, serve no useful function, increase the cost of drug development, and prevent otherwise safe and efficacious drugs and therapies from being implemented. (shrink)

Modern social and political thought has approached the questions of politics, law, and citizenship from the vantage point of a fundamental divide between the occidental and oriental, or archaic and modern, institutions. This article creates a concept, the gift of law, by staging two gift-giving practices as two historical moments: Greek euergetism and Ottoman waqf. While it is indebted to Mauss, our articulation of the gift of law also owes to the critical interventions of Jacques Derrida and Pierre Bourdieu, (...) who emphasized non-voluntaristic and non-calculative aspects of the gift. We argue that both euergetism and the waqf enabled and substantiated legal subjectivities that allocated rights and obligations. Those gift-giving practices establish relationships between various groups and legal authorities that were crucial in the formation of cities as spaces of government, for both citizens and non-citizens alike. With the concept ‘gift of law’, categories ‘oriental’ and ‘occidental’ become problematic. (shrink)

The current use of animals to test for potential teratogenic effects of drugs and other chemicals dates back to the thalidomide disaster of the late 1950s and early 1960s. Controversy surrounds the following questions: 1. What was known about placental transfer of drugs when thalidomide was developed? 2. Was thalidomide tested on animals for teratogenicity prior to its release? 3. Would more animal testing have prevented the thalidomide disaster? 4. What lessons should be learned from the thalidomide disaster regarding animal (...) testing for teratogenicity? We review the literature in order to address these questions. (shrink)

Congress's national-security legislation will often require clear and specific congressional authorization before the executive can undertake certain actions. The War Powers Resolution, for example, prohibits any law from authorizing military hostilities unless it "specifically authorizes" them. And the Foreign Intelligence Surveillance Act of 1978 required laws to amend FISA or repeal its "exclusive means" provision before they could authorize warrantless electronic surveillance. But efforts to legislate clear-statement regimes in national-security law have failed to induce compliance. The Clinton Administration inferred congressional (...) "authorization" for the 1999 Kosovo War from an appropriations statute that failed to specifically authorize the conflict. And the Bush Administration inferred congressional "authorization" for the NSA surveillance program from ambiguous language in the post-September 11th Authorization to Use Military Force. In both situations, executive-branch lawyers employed expansive theories of implied repeal and constitutional avoidance to evade the codified clear-statement requirements, and Congress and the courts acquiesced to the President's actions. Recent proposals to strengthen the clear-statement requirements in Congress's national-security framework legislation are unlikely to be effective without institutional mechanisms, such as points of order, that can deter future legislators from enacting vague or ambiguous legislation from which the executive might claim implicit congressional "authorization," and that can induce Congress to confront Presidents that act without specific congressional authorization. Simply enacting more narrow or explicit clear-statement requirements, or adding funding restrictions to Congress's framework legislation, fails to counter the aggressive interpretive doctrines that executives of both political parties have used to concoct congressional "authorization" from vague or ambiguous statutory language. (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)

The relationship between law and morality is a topic which receives special importance and attention, especially in "liberal democracies" in which the law is supposed to regulate highly pluralized and fragmented societies. Under conditions of plurality of values, many social forces and legal theories require a certain kind of neutrality from the legal system, a means of compatibility of the many "world views" and "moral systems" that are present within the same social space. Such a conciliating commitment sounds particularly relevant (...) in times of the doctrinal ubiquity of ideas such as "peace based on human rights". This was the title of the 28th World Congress of the IVR in Lisbon, with the special workshop "Law and Morals" on which this book is based. It is divided into four parts: "Law and Practical Reason", "Conceptual Approaches on Law and Morals", "Legal versus Moral Normativity", and "Morals and Legal Positivism". (shrink)

Pharmaceutical firms seek to fulfill their responsibilities to stakeholders by developing drugs that treat diseases. We evaluate the social and financial costs of developing new drugs relative to the realized benefits and find the industry falls short of its potential. This is primarily due to legislation-mandated reliance on animal test results in early stages of the drug development process, leading to a mere 10 percent success rate for new drugs entering human clinical trials. We cite hundreds of biomedical studies from (...) journals including Nature, Science, and the Journal of the American Medical Association to show animal modeling is ineffective, misleading to scientists, unable to prevent the development of dangerous drugs, and prone to prevent the development of useful drugs. Legislation still requires animal testing prior to human testing even though the pharmaceutical sector has better options that were unavailable when animal modeling was first mandated. We propose that the U.S. Food and Drug Administration and Congress should work together to abolish regulations and policies that require animal use. Doing so will benefit pharmaceutical industry stakeholders, including patients whose health depends on drugs and the many people who rely on the financial well-being of pharmaceutical firms. (shrink)

There existed in Greek a multitude of words denoting or connoting sexual congress. The list of verbs given by Pollux only skims the surface. In what follows I discuss words which with one exception are absent from this list and belong, as will be seen from their distribution, to the lower register of the Greek language. They are all demonstrably direct expressions, blunt and non-euphemistic. Only one of them, κιν, is at all common in non-sexual contexts. As for (...) the rest, if they originated through metaphor like many more respectable verbs of intercourse, this had long since been forgotten by native speakers. They rarely undergo any significant weakening, retaining their basic sexual denotation. (shrink)

This volume presents an extended version of the contributions presented at the workshop "Kant's Concept of Law" held at the 26th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR) in 2013. It handles issues of applied legal philosophy in Kant's Doctrine of Right such as ownership, the alleged right of necessity, the right of resistance and the right of revolution. With each of these applied issues, the focus lies, on the one hand, on the (...) relationship between the principles a priori of law and of the duties of rights, as well as their normative requirements - for instance, the duty of independence from the coercion by others - and, on the other hand, empirical situations and their pressing demands. Thus, this volume illustrates how Kant concretely conceives of the doctrine of "first metaphysical of the doctrine of right" as supplying "the immutable principles for any giving of positive law". Each essay of this volume not only undertakes a careful and original interpretation of Kant's theses, but also offers a critical assessment. (shrink)

This essay examines how the American Jewish Congress (AJC) designed a legal attack on discrimination based on social science. This campaign led to the creation in 1945 of two new AJC commissions, t...

The prevailing narrative in the history of science maintains that the ancient Greeks did not have a concept of a ‘law of nature’. This paper overturns that narrative and shows that some ancient Greek philosophers did have an idea of laws of nature and, moreover, they referred to them as ‘laws of nature’. This paper analyzes specific examples of laws of nature in texts by Plato, Aristotle, Philo of Alexandria, Nicomachus of Gerasa, and Galen. These examples emerged out of (...) the closely intertwined Platonic and Pythagorean traditions, and these philosophers’ texts make reference to laws of nature when describing arithmetical methods, arithmological doctrines, or medical theories. Nicomachus’ laws of nature are especially noteworthy, because they have features that historians look for in the search for the origin of the modern concept of laws of nature. Nicomachus’ laws of nature are mathematical, universal, and necessary. This paper raises the possibility that the ancient Platonic and Pythagorean traditions influenced the subsequent development of the idea of laws of nature in medieval and early modern Europe, including the conception of laws of nature deployed by Johannes Kepler and Isaac Newton. (shrink)

The significance of epigraphy to the study of Greek religion is so apparent that any volume presenting new insights into the religion of the ancient Greek world would inevitably make substantial use of inscriptions. Conversely, that a conference on ancient epigraphy had so many contributions dealing with Greek religion that they necessitated a second, separate volume of conference proceedings is equally not surprising. The chapters of Greek Epigraphy and Religion were originally presented at...

Aus dem Inhalt: Views from the North: Hans Petter Graver: Law, Justice and the State: Nordic Perspectives u Jacob Dahl Rendtorff: The Danish Welfare State: Philosophical Ideals and Systemic Reality u Sigri!Dur *orgeirsdottir: Feminist Ethics and Feminist Politics u Kuellike Lengi: The Situation of Human Rights in Estonia u Einar Palsson: Pythagoras and Early Icelandic Law u Law, Discourse and Rationality: Mats Flodin: Internal and External Rationality of Legal Systems u Logi Gunnarsson: A Discourse About Discourse u Hjordi!s Hakonardottir: Legal (...) Language: A Tool of Justice u Ghita Holmstrom-Hintikka: On the Use of Expert Witness in Legal Reasoning and Inquiry u Law, State and Nation: Agust H. Ing*orsson: Democracy, Bureaucracy and Marginalization of the State u Aleksander Peczenik: Law-State, Legal Certainty and Legitimacy of Law u Ove K. Pedersen/Sverre Raffnsoe: Reorganizing Society u Juha Raikka: Mill on National Sentiment u Pall Skulason: Concepts of the State and Classes of Value u Problems of Law and Rights: Britt-Mari Blegvad: How to Cope With Uncertainty: Trust and Law u Jon Wetlesen: Animal Rights or Human Duties?. (shrink)

The dynamic development of science and technology in the last decades has led to new challenges in jurisprudence. This holds for individual fields of doctrinal law as well as the concerned fields of jurisprudence. It is especially significant for the structure of justice, the efficiency of law as a steering instrument of society, and the empirical conditions of legal responsibility. In a jurisprudential perspective, the philosophy of law is rather engaged with the adaptiveness of its traditional principles and categories or (...) the capacity to come to terms with the new developments and less concerned with concrete matters of law. (shrink)

La recherche récente a régulièrement remis en cause la catégorie moderne de « lois sacrées » désignant des inscriptions grecques qui forment un ensemble mal défini. Cet article entend dépasser le corpus traditionnel des « lois sacrées » en présentant un projet de recueil alternatif de « Normes rituelles grecques » (CGRN pour l’acronyme anglais), qui s’appuie sur des critères plus sélectifs et sera publié en ligne.

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)

Aus dem Inhalt: Justice in General: E. Attwooll: Is the Idea of Justice Asymmetric? u C. L. Sheng: Injustice in Law Caused by Conflict between Equality and Equity u G. Barden: Approaches to Justice: The Economy and the State u C. Schmidt: The Concept of Justice in Economic Theory u M. Milde: Rawls, Pluralism and the Value of Contract Theory u J. Tasioulas: M. Walzer on Justice u L. Cedroni: An Ethological Approach to Law, Justice and the State uaR. Kevelson: (...) Justice as Artifice and Sign u A. Makolkin: Semiotics and Poeticity of Law and Justice u D. Ginev: Law and Morality from a Hermeneutic-Semiotic Perspective Rights in General: F. Viola: Personal Identity in the Human Rights Perspective u J.-R. Sieckmann: Justice and Rights u P. Comanducci: Justice and Rights u D. Wayand: Aboriginal Rights - Then and Now u M. Pavcnik: Argument der Grundrechte u D. B. Boersema: What's Wrong with Rights? u E. E. Dais: A Kantian Critique of Justice Holmes's Rights Theory Social and Environmental Rights: B. M. Baker: The Welfare State: Objectives, Subordinate Principles and Justifying Grounds u U. Penski: Zur Begruendung und Struktur sozialer Rechte u H. LaFolette: Two Forms of Paternalism u L. J. Mazor: Social Justice / Asocial Injustice u D. Wood: Constitutional Minimalism and the Discretionary Power of the Welfare State u u.a. (shrink)

Die fünf Bände enthalten die Hauptvorträge und eingeladene Beiträge der panels des X. Internationalen Kant-Kongresses, der 2005 in Sao Paolo stattfand.

In this paper I plan to draw on Reiner Schürmann’s book Broken Hegemonies posthumously published, in 1996, after his death. I shall examine the role that Schürmann attributes to tragic denial of the law for the generation of law in general. Schürmann’s model for tragic denial is the Greek tragedy. In many instances, besides the study under consideration, Schürmann finds recourse to Agamemnon, Oedipus, Antigone and other tragic heroes in order to delineate the hero’s mortal dilemma in front of (...) two intersecting and conflicting laws. In front of the tragic scission the hero is obliged to select without avoid­ing committing hubris and to a certain extent blindly and not after rational or moral deliberation. Agamemnon’s destitution of paternal duty makes him a sovereign leader of the Hellenic fleet. The story is used by Schürmann in order to model the function of all laws. Combining the late Ludwig Wittgenstein and Jean Francois Lyotard, Schürmann defines the situation of conflicting laws as a contradiction or a differend out of which the law emerges as such. Schürmann employs the same model to phenomenologically explain the emergence of all ultimate foundations of experience: he apparently uses his own precept to read Heidegger from the end towards the beginning and thus employs Heidegger’s term Ereignis, appropriation, as the original strategy of being, controlling its appearance and withdrawal in terms of ultimate foundations. Schürmann refers to hegemonic phantasms in order to describe the transmutations by which a referent is declared sovereign by philosophers. Such transmutations depend upon but also describe our tragic condition, namely that always one but in contrast to itself being which we confusedly summon and fantasize upon. Drawing from a close reading of some of Schurmann’s seminal texts, I shall characterize Schürmann’s thinking as immanent and will inquire in the role of singulars therein. (shrink)

The presence of slavery in the Laws has puzzled and distressed many of Plato's admirers. However, before passing judgment on Plato's attitude toward slavery, we must first have a clear idea of the legal status of the slave under Plato's law, and compare it with the slave's position under Greek law of Plato's day. This work sets out to do just that, as well as to provide a good account of Greek law, much of which has been lost (...) over the course of history. (shrink)

La recherche récente a régulièrement remis en cause la catégorie moderne de « lois sacrées » désignant des inscriptions grecques qui forment un ensemble mal défini. Cet article entend dépasser le corpus traditionnel des « lois sacrées » en présentant un projet de recueil alternatif de « Normes rituelles grecques » (CGRN pour l’acronyme anglais), qui s’appuie sur des critères plus sélectifs et sera publié en ligne.

The bases of tenets of the World came from the East; Pythagoras learnt all there up the 26 years. At a home, the east ideas where took in no; then he bound the mathematics with the elements of matter. This was the best way to a blood feud of the all Humanity. The 17th age gave the bases of mathematics and the Greek atomism; this had led to the paranoia in all sciences. The LCE was brought in 19th age (...) with bases no; really it was the box of Pandora in the form of wrong sciences of the Nature. The wise revenge of Pythagoras was in the form of riddle for the best thinkers in the World in all times; us solved one in the 50th years. A base of the World is of the material space (MS) with praatoms (PAs) Ao; they are of the affinity to matter. A density of the MS is of ~ 5.10‐6 kg/m3 close to the Ears. PA Ao is of quant of matter and antimatter; they are of rotate in the different sides. All matter takes up Ao and to grow. In the giant stars to go the bursts giving Ao, or caloric. The matter of being in the World on base of the key law of conservation of heat (caloric) and matter by loss of energy; it is main. Leibniz offered to the conservation of mv2 in the World. But Newton knew that any move is damped, and it need in filled up. This the author proved by tests over the 300 years just. D.Bernoulli given to the model of gas. I. Kant proved that mv2 is the quantity of heat by stop of the body; it is no the energy! A key leitmotiv of thought is blocked the grasp of facts if ones not leaded to an accepted concept. P. Mayer had the blunder in base of the LCE; a work of gas expansion in Torricelli tube is equal nil strong! This is the gross blunder of a sick paranoiac! The 21 age gave up a new philosophy and a way to endless engine. The super skills from ideal quartz with moving jaws to respond to the all new philosophy and sciences. (shrink)

For three decades Michael Gagarin has been recognized as one of the foremost authorities on the development of written law in archaic Greece, thanks in part to several important articles but especially due to his monographs from the 1980s, the exhaustive study of Draco's homicide law, and his seminal book, Early Greek Law. Particularly in the latter work, Gagarin pioneered the examination of early Greek law as a subject for which the insights of legal anthropology could prove useful, (...) and he steered the scholarly conversation on the topic away from the legal formalist and normativist approaches that had prevailed in much of the earlier literature, especially in Continental scholarship. Gagarin emphasized the informal nature of dispute settlement before written law and demonstrated the important role played by the pressure of public opinion in the early poleis. Additionally, Gagarin argued that there was no law in any real sense before the advent of written law, as there were no means to "recognize" what was a law and what was not. While neither his conclusions nor his methods have met with universal acclaim, there can be little doubt of the influence of Gagarin's ideas on the study of early Greek law. (shrink)

The rule of law and the law of nature -- The rule of law in Athenian democracy and Plato's Laws -- Protagoras on democracy and the rule of law -- Sophistic criticisms of the rule of law -- What make a law good? -- Plato's Socrates and the law codes of Athens -- The role of law in the classification of democratic constitutions in Aristotle, Pol. IV.