Klein, Nguyen, & Zhang (in press) argued that the evolutionary transition from respondent to agent during the Cambrian Explosion would be a promising vantage point from which to gain insight into the evolution of organic sentience. They focused on how increased competition for resources -- in consequence of the proliferation of new, neurally sophisticated life-forms -- made awareness of the external world (in the service of agentic acts) an adaptive priority. The explanatory scope of Klein et al (in press) was (...) limited to consideration of the conscious apprehension of externally sourced content – i.e., content delivered from the sensory registration of objects occupying phenomenal space. But consciousness – at least for humans -- takes its objects from internal as well as external sources. In the present article we extend their analysis to the question of how internally sourced content (i.e., mental states) became the object of conscious apprehension. (shrink)

Background: The feeding modalities used in school meal programs—such as breakfast, lunch, dinner, snacks, and take-home rations—are influenced by various factors, including supply chain constraints and technical challenges in food distribution. The methods of supply sourcing, whether through domestic or foreign food reserves via in-kind donations or purchases, play a critical role in shaping the feeding options provided. Aim: This study aims to examine the association between supply-sourcing strategies, i.e., domestic and foreign in-kind donations and national-international purchases, (...) with the feeding modalities applied in school meal programs. Methods: The Bayesian Mindsponge Framework, combining the reasoning strengths of Mindsponge Theory and inference advantages of Bayesian analysis, was employed on a dataset of government representatives who manage large-scale school meal programs across 126 countries. Results: The findings revealed that sourcing supplies through in-kind donations from neighboring or distant countries showed a highly reliable negative association with the feeding modalities of school meal programs, while those from the national bodies showed an ambiguous relationship. The purchasing methods—whether domestic or foreign—tended to exhibit positive associations with feeding modalities, though these associations were only weakly reliable. Conclusions: The findings reveal substantial rooms to improve the effectiveness of supply purchasing strategies in enhancing school meal program feeding modalities. Further research is needed to examine the impact of sourcing supplies through domestic in-kind donations on feeding outcomes. Additionally, developing strategic plans to optimize the use of in-kind donations from international organizations is strongly recommended to avoid its negative consequences and further enhance program effectiveness. (shrink)

This paper examines the international information technology (IT) sourcing decision from an ethical perspective. The internationalsourcing of IT activities, termed IT offshoring in this paper, has received considerable attention recently. Differing views on IT offshoring prevail, ranging from the protection view that IT offshoring steals jobs away from the domestic economy, to the market view that it creates jobs and improves the overall global economy through market efficiencies. Despite the large amount of material devoted to managing and evaluating (...) the practice of IT offshoring, the ethical issues surrounding the decision has received little attention. This paper seeks to address that need, examining the IT offshoring decision through the application of a series of ethical frameworks. Several normative theories of ethics, including stockholder theory, stakeholder theory, social contract theory, utilitarianism, and a Kantian’ categorical imperative framework, are employed to gain insights into the ethical aspects of this practice. Our resulting framework represents an early attempt to examine the ethics of the IT offshoring and provides managers with practical guidelines and insights when addressing the IT offshoring decision. (shrink)

This study of internal auditors and auditees, who engage in both financial and operational internal audits in Israel, extends theory and research on internal audits in organizational units. It develops and tests a model that examines the role of top management and internal auditors in facilitating learning from internal audits and driving perceived performance improvement. We argue that support from the top management for the internal audit as well as the auditor’s capacity facilitate learning from audits and help audited units (...) to improve ethicality, efficiency, and effectiveness in organizations. The results of time-lagged survey data provide general support for the hypothesized indirect relationships between auditor capacity, auditor–auditee relational exchanges, learning from audits, and three different perceived performance measures: ethical behavior, efficiency, and effectiveness. We discuss the implications for research on internal audits, proactive learning, ethics, and performance improvement of organizational units in the public sector. (shrink)

Drawing on ideas from philosophy (in particular, epistemology), I argue that one of memory’s most important functions is to provide its owner with knowledge of the physical world. This knowledge helps satisfy the organism’s need to confer stability on an ever-changing reality so the objects in which it consists can be identified and reidentified. I then draw a distinction between sources of knowledge (i.e., from physical vs. subjective reality) and argue—based on evolutionary principles—that because memory was designed by natural selection (...) to interface with the physical world, knowledge acquired via sensory/perceptual experiences should be better remembered than internally generated knowledge made available by introspection. A study conducted to test this hypothesis provides support. I conclude that a serious interdisciplinary approach to issues typically considered the purview of psychology best enables researchers to craft well-specified, theoretically based hypotheses that directly target functions of the mind. (shrink)

Expropriation is a hotly debated issue in international investment law. This is the first study to provide a detailed analysis of its norm-theoretical dimension, setting out the theoretical foundations underlying its understanding in contemporary legal scholarship and practice. Jörg Kammerhofer combines a doctrinal discussion with a theoretical analysis of the structure of the law in this area, undertaking a novel approach that critically re-evaluates existing case-law and writings. His approach critiques the arguments for a single expropriation norm based on (...) custom, interpretation and arbitral precedents within international investment law, drawing also on generalist international legal thought, to show that both cosmopolitan and sovereigntist arguments are largely political, not legal. This innovative work will help scholars to understand the application of theory to investment law and help specialists in the field to improve their arguments. (shrink)

This book revisits the theory of the sources of international law from the perspective of formalism.

Wharton's Treatise on the Conflict of Laws (1872) established his reputation in the field of international law. In 1884 he produced his Commentaries on Law, a work encompassing both international and constitutional law. His purpose in publishing this was, as he states simply in the Preface, "to give an exposition of what may be called public law. In the first three chapter are considered successively the nature, the source, and the history of law; and it is maintained that (...) law, as a rule of action, is the product of the conscience and need of the nation by which it is adopted.". (shrink)

International law informs, and is informed by, concerns for global justice. Yet the two fields that engage most with prescribing the normative structure of the world order – international law and the philosophy of global justice – have tended to work on parallel tracks. Many international lawyers, with their commitment to formal sources, regard considerations of substantive (and not merely procedural) justice as ultra vires for much of their work. Philosophers of global justice, in turn, tend to (...) explore the moral commitments of international actors without grappling with the international legal doctrine or institutions. In recent years, however, both disciplines have begun to engage with one another more. This discussion among international lawyers and philosophers addresses the promises of and challenges to interdisciplinary approaches to global justice. The contributors consider the added value of philosophical inquiry to issues facing international law practitioners or scholars, the salience of of international law for political philosophy, and the methodological distinctions between the two fields. The contributors also identify promising lines and examples of interdisciplinary scholarship. (shrink)

International Law in Context is a pedagogy-forward textbook. It reflects the recent paradigm shift in legal education, which focuses more on what students actually learn rather than the material to which they are exposed. The text aims to prepare the next generation of U.S. lawyers to engage with our interconnected world and to critically evaluate the U.S.'s role within the international legal order. The work is divided into three parts that accomplish these goals. Part One lays a foundation. (...) It covers the various actors within the system, the theories that help explain their behavior, and the principles and sources of law they create. Part Two turns to the fora that define and support the international order, the historical and political contexts that impacted their design, and their efficacy. Part Three is a capstone section that asks students to weave together everything they have learned in Parts One and Two. Students will engage in normative development regarding climate change, including the existing international treaty regime and U.S. implementation options, and the law of war in the modern age. The cornerstone of this book is its organization. The text groups material into conceptual frameworks that promote understanding and retention. For example, rather than consider the various dispute resolution fora in isolation, Part Two asks students to consider them in the context of what types of disputes arise and what legal rules can be employed to resolve them in various international and domestic fora. The institutions also are presented in chronology. In this way, students are encouraged to chart the developmental progression and to make connections and comparisons between various institutions. The use of conceptual frameworks continues within each part. For example, Chapter Six covers the sovereign State as a conflict resolution forum. Under this umbrella, the author discusses (a) State Jurisdiction; (b) The Reception of International Law into the Domestic Sphere; (c) The Qualification as a State Forum or State Litigant (i.e., Recognition of States & Governments); and (d) Protections Afforded Within the Forum: Sovereign, Diplomatic, and Consular Immunity. A typical coursebook might locate this material in four different chapters. The conceptual framework approach, however, allows students to see the big picture and the relationship between concepts. In addition to the frameworks, there are several other innovative pedagogical devices that support student learning. There are Foundation Questions that initially direct readers through the material and cumulatively help students confirm whether they have grasped key takeaways from each section. There also are Assessment Sets in each section, which provide students with immediate opportunities to apply material and gauge their understanding, and "Why Is This Important (a/k/a WITI Moment)" prompts designed to delve deeper into the underpinnings and consequences of various rules. Finally, there are directed reading notes before some more complex readings and margin annotations to keep readers oriented. (shrink)

This chapter contains sections titled: The Subject Matter of International Law The Sources of International Law Conclusion References.

En juillet 2014, le colloque international de Salamanque a réuni une vingtaine de chercheurs endroit, philosophie, théologie, politique et sciences sociales. Soucieux d'articuler recherches académiques et interrogations contemporaines, ce colloque a offert un moment rare de réflexion pour penser les enjeux du monde d'aujourd'hui à la lumière de la philosophie et de la théologie. Il rend compte de la fécondité et de l'actualité du sillon creusé par l'Ecole de Salamanque, initiée au XVIe siècle par le juriste-théologien Francisco de Vitoria (...) et ses disciples. Un ouvrage pour ceux qui veulent (re) découvrir les sources bibliques, anthropologiques et théologiques de la pensée politique moderne. (shrink)

Open peer commentary on the article “Exploring the Depth of Dream Experience: The Enactive Framework and Methods for Neurophenomenological Research” by Elizaveta Solomonova & Xin Wei Sha. Upshot: Neurophenomenology requires a first-person report at the sub-personal level. Thus, the neurophenomenology of dreaming and sleep can be figuratively located in a model of perspectives and levels of analysis. Even when Solomonova and Sha do admit creativity to explain bizarreness and emphasize dreams’ enaction and, especially, dreams’ perception-dependence, an innate and developmental framework (...) of neurophenomenology becomes a requirement to understand fully its sub-personal counterpart, i.e., sleep, especially the evidence derived from innate processing observed during the sleep of neonates - even without the dreaming counterpart. Finally, precisions about the depth of dreaming in Hobson’s work are presented. (shrink)

Primarily focused on the theoretical aspects of International Organization, this book provides an in-depth examination of competing theories through thematic chapters. Intended to fill the gap between introductory textbooks and primary sources of theory, International Organization , is useful for upper-level international relations courses with a significant emphasis on theory.

The question whether international law is a system is one of the modern topics discussed by specialists of international law. The text of P. Saganek poses this question with respect to the rules on international responsibility. The two aims are to establish whether the rules on state responsibility are a system themselves and whether they may prima facie support the idea of international law as such a system. The two prima facie answers are positive. Every violation (...) of international law gives rise to state responsibility if it can be attributed to a state and no circumstance precluding wrongfulness is in place. In this sense the rules on state responsibility form a sub-system supporting the thesis on the systemic nature of international law. On a closer analysis one can encounter several doubts as to both answers. Paradoxically those rules are too ideal, too systemic. The author – without denying the necessity of several if not the majority of the identified rules – refers to a tendency of presenting as law some non-binding documents prepared by expert groups. This is a part of a wider process of ‘paper-law’. In this sense expert groups engage in ‘creating the language’ in which the true subjects of international law are expected to speak. (shrink)

The ideas behind open source software are currently applied to the production of encyclopedias. A sample of six English text-based, neutral-point-of-view, online encyclopedias of the kind are identified: h2g2, Wikipedia, Scholarpedia, Encyclopedia of Earth, Citizendium and Knol. How do these projects deal with the problem of trusting their participants to behave as competent and loyal encyclopedists? Editorial policies for soliciting and processing content are shown to range from high discretion to low discretion; that is, from granting unlimited trust to limited (...) trust. Their conceptions of the proper role for experts are also explored and it is argued that to a great extent they determine editorial policies. Subsequently, internal discussions about quality guarantee at Wikipedia are rendered. All indications are that review and ?super-review? of new edits will become policy, to be performed by Wikipedians with a better reputation. Finally, while for encyclopedias the issue of organizational trust largely coincides with epistemological trust, a link is made with theories about the acceptance of testimony. It is argued that both non-reductionist views (the ?acceptance principle? and the ?assurance view?) and reductionist ones (an appeal to background conditions, and a?newly defined??expertise view?) have been implemented in editorial strategies over the past decade. (shrink)

Nowadays the question of toleration is less related to an international clash of civilizations than to the clashes that take place within the states and polities themselves. The article addresses the sources of toleration in this new global scenario, starting from the following set of questions: Do the sources of toleration differ across time and space? Does toleration have different roots in different civilizational contexts, such as China, India or Islam? Or, is toleration the result of particular institutional frameworks (...) and designs? In this case, does the concept of toleration vary from one institutional setting to the other? Do empires, republics and democracies give rise to different forms of toleration? And last but not least, isn’t toleration rather a matter of individual morality, as many liberal theories sustain? The article distinguishes between three different sources of toleration: individuals, cultures and institutions. Kant and contemporary liberals, as John Rawls who follows him, situate t... (shrink)

The papyri transmit a part of the testimonia relevant to pre-Socratic philosophy. The ʼCorpus dei Papiri Filosofici‛ takes this material only partly into account. In this volume, a team of specialists discusses some of the most important papyrological texts that are major instruments for reconstructing pre-Socratic philosophy and doxography. Furthermore, these texts help to increase our knowledge of how pre-Socratic thought – through contributions to physics, cosmology, ethics, ontology, theology, anthropology, hermeneutics, and aesthetics – paved the way for the canonic (...) scientific fields of European culture. More specifically, each paper tackles papyrological texts concerning the Orphics, the Milesians, Heraclitus, Empedocles, Anaxagoras, the early Atomists, and the Sophists. For the first time in the field of pre-Socratics studies, several papers are devoted to the Herculanean sources, along with others concerning the Graeco-Egyptian papyri and the Derveni Papyrus. (shrink)

This article considers the interplay between intellectual property rights and classic property rights raised by Hoffman v. Monsanto (2005) and advances the idea that intellectual property law can serve as an autonomous source of liability for intellectual property owners. The article develops the conceptual advantages of demarcating physical and intellectual properties and allocating rights and responsibilities based on the respective property sphere. It introduces a theoretical Hohfeldian framework, in which the grant of a positive limited-term monopoly right entails a corresponding (...) duty, to establish intellectual property law as a source of internal limits on intellectual property rights. The article is a prolegomena to a detailed matrix of those rights and duties within intellectual property law. This matrix could support patentee duties that go beyond public disclosure of the invention and could establish patent law as an alternative legal framework to tort law to address harms caused by inventions. (shrink)

This study examines the complex and dynamic relationship between Kosovo and NATO. It argues that Kosovo’s prospects for NATO membership are shaped by an array of contradictory and often confusing international and domestic political forces. It draws on theoretical sources, media reports, and descriptive statistical data to the factors shaping expectations for NATO membership. The study relies on theories and concepts from the established and evolving literature on alliance formation and expansion to explain how states aspiring for membership in (...) security organizations must navigate a pattern of political and security hurdles in their quest for membership accession. It then explores Kosovo’s case for NATO membership by examining whether Kosovo has met key political and security benchmarks and devotes significant attention to the settlement dispute with Serbia, the roles played by the U.S. and E.U., and identifies alternative paths for Kosovo’s membership in NATO. (shrink)

Research suggests that international assignment experience enhances awareness of societal stakeholders, influences personal values, and provides rare and valuable resources. Based on these arguments, we hypothesize that CEO international assignment experience will lead to increased corporate social performance (CSP) and will be moderated by the CEO's functional background. Using a sample of 393 CEOs of S&P 500 companies and three independent data sources, we find that CEO international assignment experience is positively related to CSP and is significantly (...) moderated by the CEO's functional background. Specifically, CEOs with international assignment experience and an output functional background (e.g., marketing and sales) are positively associated with greater CSP. (shrink)

Physicians frequently ask whether they should give patients what they want, usually when there are considerations pointing against doing so, such as medicine’s values and physicians’ obligations. It has been argued that the source of medicine’s values and physicians’ obligations lies in what has been dubbed “the internal morality of medicine”: medicine is a practice with an end and norms that are definitive of this practice and that determine what physicians ought to do qua physicians. In this paper, I defend (...) the claim that medicine requires a morality that is internal to its practice, while rejecting the prevalent characterization of this morality and offering an alternative one. My approach to the internal morality of medicine is constructivist in nature: the norms of medicine are constructed by medical professionals, other professionals, and patients, given medicine’s end of “benefitting patients in need of prima facie medical treatment and care.” I make the case that patients should be involved in the construction of medicine’s morality not only because they have knowledge that is relevant to the internal morality of medicine—namely, their own values and preferences—but also because medicine is an inherently relational enterprise: in medicine the relationship between physician and patient is a constitutive component of the craft itself. The framework I propose provides an authoritative morality for medicine, while allowing for the incorporation, into that very morality, of qualified deference to patient values. (shrink)

The issue of the conservatism of scientific research questions the nature and the role of the internal and external forces controlling the emergence of new research questions or problems, the exploration of risky directions of research, or the use of risky research methods. This issue has recently gained a new framing in connection with the growing importance of the peer-review process and of the social and economic pressures weighing on the funding of scientific research. Current literature then interrogates the external (...) and internal features that promote what are described as conservative tendencies in scientific research. In this paper, I propose to contribute to this debate by clarifying what might be internal sources of conservatism in science; that is, that are inherent to the research process itself. I distinguish two possible understandings of the sources and manifestations of this internal conservatism. I first present a representational description of the nature and origin of conservatism in science, which brings to the fore the difficulties researchers find in setting aside their conceptual framework. I then offer for consideration a larger perspective on conservatism by arguing for the existence of a practical conservatism generated by all the dimensions of scientific activities. In this framework, conservatism in science can be explained by the tendency of all practices to close in on their own local objectives. I illustrate this view by reference to an historical episode: the discovery of the chemical nature of genes by Avery. (shrink)

The article is dedicated to the study of the peculiarities of charity development and the functioning of international charitable organizations that have acquired the status of an international entity. Such non-governmental actors are able to respond adaptively and act more quickly and locally on the world stage to address the most pressing issues, providing assistance and support to the most vulnerable categories and in the most critical geopolitical spaces. With the help of an interdisciplinary approach, it was possible (...) to identify the historical background of the origin of the phenomenon of selfless human activity, a systematic political and legal analysis of international and domestic legislation helped to identify the peculiarities of the functioning of international charitable organizations in the United States, Europe and Ukraine, and a generalization of the obtained results crystallized the foundations and features of their direct involvement in problem areas.The difference between international non-governmental organizations and international charitable organizations was proved. The author identifies the main sources of funding for such structures through grants, donations from individuals and legal entities, international organizations and governments. It is established that the tasks of establishing and operating international charitable organizations are implemented in three areas of activity, including non-refundable assistance, administration of response and recovery projects, lobbying and actualization of the problem for the world community through influence on the political establishment and public opinion. (shrink)

Prologue : consistency and conceptual variations -- Introduction : the socialization of international lawyers -- PART I. THE FOUNDATIONAL DOCTRINES -- 1. Subjects -- 2. Sources -- 3. Law-making -- 4. Institutions -- 5. Effectivity -- PART II. THE ARGUMENTATIVE TECHNIQUES -- 6. Methodology -- 7. Interpretation -- 8. Academic writing -- 9. Dissemination -- 10. Expert blogging.

To date, international law has not featured prominently in academic analyses of Buddhism. Especially absent from this small body of literature are real-life examples of Buddhist monks and laity turning to international law to resolve grievances or protect Buddhism against perceived threats to it. This article seeks to fill this void. Drawing on interview and archival sources from Sri Lanka and the United Nations, it analyzes how one particular monk from Colombo became a key agent in the interpretation (...) and transformation of international law. By so doing, this article complements existing scholarship concerning Buddhism’s philosophical or conceptual sympathies with international legal principles and provides further empirical ballast for understanding how, when and why Buddhists turn to international law. (shrink)

This paper explores the primary causes or factors underlying cultural conflict in all its forms and seeks to answer the questions that follow. Why do people hate and wage wars against each other in the name of culture? Are cultural wars necessary or inherent in the very nature of culture as a phenomenon of human life? Can cultural differences be a justifiable cause of war? In my attempt to explicate and answer these questions, I shall first advance a concept of (...) culture. What do we mean when we speak of culture? What is the essential structure or building blocks of culture as a human phenomenon? The proposition I shall defend is that the tendency of animosity, tension, and conflict among people is not and cannot be inherent in their cultures. Accordingly, any claim that cultural difference is directly or indirectly a cause of cultural violence is not tenable, even though such violence may take place in the name of culture or cultural allegiance. But, if the tendency towards animosity, tension, or conflict is not inherent in the essential structure of culture, what might be the roots of the so-called cultural wars? The thesis I advance and elucidate in detail is that an answer to this question should proceed from an analysis of Socrates’s dictum that ignorance is the source of human evil. A discussion of this dictum and its implications, in the process of examining the roots of cultural wars, will reveal that the real culprits behind cultural conflicts are a cluster of political, intellectual, economic, psychological, and educational factors. (shrink)

This paper presents a framework for understanding the value systems inherent in landscape architectural practice. It is based upon a close analytical reading of the academic and professional literature, supported by a series of in‐depth interviews with mid‐ and late‐career British landscape architects. The empirical results of these interviews will be presented in a future paper. A tripartite classification of values is suggested, based upon the categories of the aesthetic, the social and the environmental, each of which is internally complex. (...) This framework is offered as a tool for future landscape architectural criticism. The relationships between values both within and between these value areas are discussed. The conclusion reached is that there is no overarching value which can be used to arbitrate between conflicting values. However, while it is possible to identify areas where values conflict, there can also be significant convergence between aesthetic, social and ecological values, and the paper suggests that it is possible to create landscapes which have positive value in all three areas. (shrink)

© The Author. Published by Oxford University Press on behalf of the Oxford Centre for Islamic Studies. All rights reserved. For Permissions, please email: journals.permissions@oup.comThis edited volume is based on the proceedings of an international workshop held in 2009 on the theme of ‘Material Evidence and Narrative Sources’ during the fourteenth annual gathering of the Department of Middle East Studies at Ben-Gurion University of the Negev, focused on ‘Interdisciplinary Studies of the History of Islamic Societies’. Fifteen articles seek to (...) integrate material and textual evidence for the medieval and modern Middle East, deliberately adhering to a trend of interdisciplinarity that began in the 1970s, exemplified in the approach of specific studies by Michael Cook, Leor Halevi, Peter Brown, Oleg Grabar, and Jacob Lassner, as well as in the recent publications of the editors, D. J. Talmon-Geller’s Islamic Piety in Medieval Syria: Mosques, Cemeteries and Sermons under the Zangids... (shrink)

Why should ‘better than’ be transitive? The leading answer in ethics is that values do not change with context. But this cannot be the entire source of transitivity, I argue, since transitivity can fail even if values never change, so long as they are complex, with multiple dimensions combined non-additively. I conclude by exploring a new hypothesis: that all alleged cases of nontransitive betterness, such as Parfit’s Repugnant Conclusion, can and should be modelled as the result of complexity, not context-relativity.

Philosophy for Children promotes a pedagogy that builds on a collective process of truth-seeking and meaning-making. In contrast to seeing teachers as sources of knowledge, they are often described as facilitators in this communal process. PFC is part of the larger movement in education that has aimed to put the child at the center of the teaching and learning process. Yet, PFC, similar to other child-centered pedagogies, brings new challenges to understanding the role of the teacher. This article traces the (...) questions concerning the pedagogy of PFC by incorporating Alasdair Macintyre’s notion of practice and the scholarship of PFC. Macintyre’s concept of practice offers the source for unveiling the internal goods of teaching in PFC. This article locates the internal goods in the teacher and in the work or performance of the teacher. Especially, a particular moral phenomenology and a biographical genre of a PFC teacher are articulated to flesh out the internal goods found in the teacher. The work of the teacher is characterized as entailing two components that shape its role. One is in composing a platform for collective progress grounded on epistemic criteria and another level of specifically educational judgements the teacher has to make individually, which together form the internal goods found in the performance. The nature of teaching and the role of the teacher in PFC provides a set of goods for the PFC teacher in his or her educational task. (shrink)

Conscious will is an experience like the sensation of the color red, the percepfion of a friend's voice, or the enjoyment of a fine spring day. David Hume (1739/1888) appreciated the will in just this way, defining it as "nothing but the internal..

The moral authority for professional ethics in medicine customarily rests in some source external to medicine, i.e., a pre-existing philosophical system of ethics or some form of social construction, like consensus or dialogue. Rather, internal morality is grounded in the phenomena of medicine, i.e., in the nature of the clinical encounter between physician and patient. From this, a philosophy of medicine is derived which gives moral force to the duties, virtues and obligations of physicians qua physicians. Similarly, an ethic specific (...) to the other healing professions, law, teaching or ministry, can be derived from the specific ends to telos of each of these professions, which like medicine, are focused on a special type of human relationship. (shrink)

Grotius’s discussion on slavery exhibits a dual character, as it is based on natural law on the one hand, and on ius gentium on the other. This article focuses on the sources used by Grotius in his search for the rules of ius gentium on war slavery, and compares Grotius’s insights with the works of some of his contemporaries. After briefly discussing Grotius’s introduction to ius gentium and its sources, his references to three themes concerning war slavery are analyzed. The (...) research shows that, if need be, Grotius works according to his own rules even though it seems difficult for him to leave Greco-Roman antiquity and Europe behind; it also shows that he is content with flimsy evidence. In addition, analyzing his sources informs us about Grotius’s personal input regarding the legitimacy of war and slavery. It turns out that with regard to one of the most far-reaching principles concerning war slavery, Grotius’s insight is consistent with what seems to have been generally accepted among (European) scholars from antiquity to his own time. Another lesson learned: natural rights are not safe with Grotius, since ius gentium as presented by him is a serious threat to such rights. (shrink)

The article is located in the iusphilosophical scenario of the mid-twentieth century. Its objective is to trace the sources of Hart's rule of recognition, taking as its starting point the thesis that makes such rule a weighted response to the debate between the Kelsenian formalism and the utilitarian theory of Bentham and Austin in the first instance. This is explored in the sources recognized and not recognized by the author himself since the article claims a decisive presence in methodology of (...) direct ancestors such as Hobbes, Hume, Malinowski, among otrs. These do not grant to the mentioned rule of recognition a mere conciliatory desire of the previous traditions, but they rather define the nature of the rule and the need for it to be addressed from interdisciplinary fields because it can bear fruit for the analysis of the underlying principles in judicial practice from the exploration of speech in context. (shrink)