The connections between structural violence and the climate crisis have received scant attention in the literature, despite their significant implications. Structural violence is deeply entrenched in our social, cultural, and economic systems, to the extent ordinary individuals, engaged in legal and routine activities, can become indirect participants in harming others. The climate crisis is not only an expression of structural violence but also deepens structural violence, creating a vicious cycle through multi-directional and self-reinforcing linkages. To address violent outcomes and (...) resolve the climate crisis, we need to shift power relations at the heart of our social and cultural arrangements. Taking a structural lens has the power to radically change how we tackle the problem of climate change. Rather than focusing solely on state-level goals and ambitions, this lens highlights the moral gravity of the climate crisis, pressing for urgent action to address the violence exerted among ourselves as human beings and to the environment on which we depend. (shrink)

This essay aims at identifying a tradition of lawgivers in the political culture of the late Republic. It focuses on the antiquarian tradition of the second half of the first century BC, which, it argues, should be considered part of the wider quest for legal normativism that takes place towards the end of the Republic. By reconstructing the intellectual debates on the nature of the consulship, which at the time was carried out through the means of etymological research, this (...) essay shows that, when set within its proper philosophical framework, ancient etymological studies acted as a search for philosophical truth and, in the case of Varro, identify the early kings as the first Roman lawgivers. In turn, the language of political institutions and its etymologies, conceived along philosophical lines, could become a weapon in the constitutional battles of the late Republic. (shrink)

This article argues that, next to a certain intellectual tradition of Roman liberty, often labelled ‘neo-Roman’ or ‘Republican’, we should also take into account the existence of, at least, two other conceptions of liberty, which have so far remained occluded under the prominence of Cicero’s ideas and the appropriation of them by later thinkers. By analysing the debate in opposition and in favour of sumptuary laws enacted from the 3rd century bc onwards, the article identifies a first notion of liberty (...) which coincided with the absence of any external legal constraints upon the citizens’ private life and was, thereby, incompatible with the rule of law in this sphere. The second intellectual family of concepts equated libertas to the absence of constraints from one’s own passions as well as the possession of the capacity to pursue something worth pursuing for the well-being of the community. According to this view, liberty also resided in the supremacy of the rule of law. The third notion of libertas, elaborated by Cicero in the De re publica and De legibus, identified liberty with the absence of arbitrary domination to achieve one’s own ends and resided in the supremacy of the rule of law. Its preservation depended on the constitutional arrangements of the commonwealth and the related civic status of the individual. (shrink)

Occupational health covers technical, medical, social and legal aspects. This article analyzes it from the perspective of biodiversity, specifically aspects related to risky behavior and its protective factors that are contained in binding international instruments, resolutions and declarations issued by the World Health Organization and the International Labor Organization, which seek to improve safety and health at work and in the environment. A bibliographic review of legal documents and scientific articles of reference was conducted to that end. The (...) challenge is to raise awareness among public and business policy-makers concerning the complexity of the phenomenon of work. The implementation of good practices in the various sectors involved is emphasized as well. (shrink)

Background: Organ donation and transplantation represent one of the most important scientific advances over the last decades. Due to the complexity of these procedures and related ethical–legal aspects, however, there are a lot of doubts and uncertainty about the brain death diagnosis and the maintenance of potential organ donor. Aim: To identify and discuss the different meanings and experiences of registered nurses and physicians from an adult intensive care unit in relation to the diagnosis of brain death and the (...) maintenance of potential organ donors for transplantation purposes. Study Design: Participants were registered nurses and physicians from an adult intensive care unit at a University Hospital from Brazil. Data were collected through semi-structured interviews and analyzed using content analysis. Ethical considerations: This study was approved by the University of São Paulo at Ribeirão Preto College of Nursing Research Ethics Committee. Results: Two main categories emerged from the analysis: (1) brain death diagnosis and its implications and (2) maintenance of the potential organ donor and its repercussion in the donation–transplantation process. Six subcategories were also identified: (1.1) understanding the brain death diagnosis as a tool to aid decision-making; (1.2) diagnosis as guarantee of rights; (1.3) difficulties encountered to establish the diagnosis; (1.4) clinical criteria adopted in Brazil and related ethical–legal aspects; (2.1) specificities of care to the brain dead person and outcomes; and (2.2) nurse’s duties toward the brain dead person. Conclusion: Although the brain death diagnosis is scientifically and legally defined in Brazil and the maintenance of the potential organ donor for transplantation purposes has been addressed during the last years, there are still some doubts about the subject, as its understanding varies according to the personal beliefs, culture, and educational background of individuals, including those who work in this scenario. (shrink)

Based on interviews with legal practitioners working with or within anti-racist social justice movements in Sweden, we explore some dilemmas and paradoxes that appear when social movements pursue struggles for anti-racist social justice through the legal arena. How do the interviewees understand and critically relate to legal practices in contemporary anti-racist social justice struggles? What are the conditions of engagement of these organisations in the legal arena and how do they impact social justice struggles (...) in Sweden? What are the stakes in the legal practices of these movements? Rather than a strategically chosen tool for social justice, legal practice could be understood as a kind of self-defence, as resorting to law is often a response to an unjust legal system, oppressive treatment by the state or disadvantage and deprivation. The interviewees’ reflections on their legal practices are informed by a fundamental ambivalence between the ideological commitment in the critique of law and their position from which it is impossible to ignore the legal arena. Instead of taking a clear stance for or against the law as a tool for social justice struggles, we have attempted to understand what are the methods and the effects of legal practice that grow from this ambivalence. The accounts of our interviewees indicate that both practical strategies and ways of accounting for these aim at subverting and challenging the law while at the same time using it. Throughout the analysis we have conceptualised these strategies as decentring, re-politicising and redistribution. (shrink)

In the last decades, regional and global integration processes have made the traditional state-centred view of law less and less obvious. Recent discussions revolve around how to conceptually comprehend, critically reflect on and reasonably control these new developments in the global legal arena. The essays in this volume, written by young Central and Eastern European legal theorists and political scientists, contribute to ongoing discussions in our post-national era. The chapters include conceptual analyses, historical and comparative examples, as (...) well as normative discussions in legal theory, ethics, moral philosophy, constitutional theory, EU law and international relations. (shrink)

Normative theories of law conceive the courtroom as a geometrically delineated, politically neutral, and linguistically transparent space designed for a fair and orderly administration of justice. The trial, the most legalistic of all legal acts, is widely regarded as a site of truth and justice elevated above and beyond the expediency of ideology and politics. These conceptions are further underpinned by certain normative understandings of sovereignty, the subject, and politics where sovereignty is conceived as self-instituting and self-limiting; the subject (...) is understood as an autonomous and rational being capable of self-consciousness and self-representation; and politics is posited as the exercise of reason in the public sphere. In this article, I argue that such a normative conceptualization of the criminal trial and the courtroom not only ignores structures of power and privilege that produce inequalities but also forecloses possibilities for transformative judicial praxis. Drawing on the 1969–1970 trial of eight radical activists accused of conspiring to incite a riot at the 1968 Democratic National Convention in Chicago, the article argues for a performative re-conceptualization of sovereignty, the subject, and the law as indeterminate, unpredictable, and open-ended discursive formations. The article demonstrates how the accused, working with and against legal doctrines, norms, and discourses, rethought normative conceptions of sovereignty, law, and subjectivity as contingent power-knowledge constellations that are open, unpredictable, and un-closable. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:On Secular Governance: Lutheran Perspectives on Contemporary Legal Issues ed. by Ronald W. Duty and Marie A. FailingerElisabeth Rain KincaidOn Secular Governance: Lutheran Perspectives on Contemporary Legal Issues Edited by Ronald W. Duty and Marie A. Failinger grand rapids, mi: eerdmans, 2016. 382 pp. $45.00In editing this collection of essays, Ronald Duty and Marie Failinger describe their goal as seeking "to bring more Lutheran voices to (...) the pressing legal issues" in local and global contexts (1). They point out that in discussions between the fields of religion and law to date, "Jewish, Muslim, Catholic, and Reformed perspectives have largely dominated" (1). In bringing Lutheran perspectives to questions of law and religion, this collection begins an important task of retrieving a theological perspective on law that was integral for the formation of modern legal thought but has been largely absent from contemporary discussions of law and religion.The strength of this collection of essays lies in the breadth of contemporary legal questions addressed and in the diversity of perspectives offered. Since, as Duty and Failinger point out, recent Lutheran scholarship has been relatively silent on questions of law and religion, there is a broad field of issues to explore. This collection avoids too narrowly focusing on any one "hot-button" issue of law and religion, such as questions of religious liberty or relationship between church and state, although these questions are addressed. Rather, it benefits from a truly expansive view of contemporary legal issues and includes essays on issues as diverse as immigration reform, family law, fiduciary duties, military chaplaincy, and water rights in the American Southwest. The collection also shows geographical breadth, and looks beyond the contemporary American and European legal arena to consider how theology could affect law in Nigeria and Rwanda. The volume also benefits from a wide range of theoretical approaches, including contributions from both legal scholars and theologians. In [End Page 211] the dialectic that results as theologians consider law and legal scholars consider theology, we see a performative example of the Lutheran concept of two kingdoms, both coexisting under God's domain.The collection would have benefited from a broader use of theological sources to accompany this admirably broad approach to legal issues. Many, although not all, of the essays, draw only on Martin Luther's understanding of Christian engagement with legal authority. This focus on Luther's somewhat limited legal corpus can result in a slightly repetitive theological approach among the essays. However, this narrow focus on Luther indicates a potential next stage for further development of Lutheran engagement with contemporary legal issues. In the closing essay in the book, "How Should Modern Lutherans Try to Shape Secular Law?," Robert Benne references John Witte's work in tracing how Philipp Melanchthon and the Lutheran jurists developed Luther's original theory of law to "build bridges between the two kingdoms" (332). While this book provides a good starting point for bringing Lutheran perspectives to bear on contemporary legal issues, it also indicates the need for future research to excavate the perspectives of Melanchthon and jurists such as Johannes Eisermann and Johann Oldendorp, along with more modern Lutheran scholars of law and religion, such as Helmut Thielicke, who considered the legacy of Lutheran legal theory in the wake of post-Nazi Germany. Both Lutheran theological approaches to law and legal approaches to religion will undoubtedly be enriched if the editors' project continues, resulting in continued excavation of later Lutheran interpretation and reception of theories of law, which will bring Lutheran theology ever closer to the challenges of contemporary legal issues in the modern nation-state.Elisabeth Rain KincaidUniversity of Notre DameCopyright © 2018 Society of Christian Ethics... (shrink)

Against the assumption that legal and normative systems are coextensive with geopolitical units and national spaces, the article advocates for the need to study how different legal and normative semiospheres, within the same geopolitical unit and national space, often give rise to ‘normolects’ that are transversal to socio-economic classes, ethnicities, and cultural lifestyles. The concept of legal and normative ‘imaginaries’ is useful to come to terms with the legal and normative semiotic ideology of such normolects, including (...) their non-verbal dimension and legal-normative semiotic ideologies. More generally, the article prompts legal scholars, and particularly semioticians of law, not to focus exclusively on inter-cultural awareness in legal-normative language but to concentrate also on intra-cultural awareness. As a case study, the article analyses a drawing through which the former Italian Prime Minister Silvio Berlusconi visualized and advertised for a bill of reform of the Italian judicial system by his Minister of Justice, Angelino Alfano. The semiotic analysis of this visual artifact casts new light on the controversial political and judicial figure of Mr Berlusconi. The drawing is read as a visual embodiment of the conflict between two different legal and normative ideologies within the present-day Italian political and judicial arena. The paradoxes that underpin this iconography of law and mar a rational confrontation of legal-normative arguments in contemporary Italy are uncovered. (shrink)

Animals in Brazil: Economic, Legal and Ethical Perspectives presents a broad overview of the complicated role of animals in Brazilian society. Its four substantive chapters survey the landscape of animal agriculture, animal protection laws, recent animal jurisprudence, and the underlying cultural factors that have shaped the Brazilian people's relationship with and treatment of animals. Despite the book's title, there is no chapter addressing economics. However, it represents the first book in English addressing the plight of animals in Brazil and (...) makes a marked contribution to animal ethics in Latin America. At its best, it is very good, and overall, the volume is a worthwhile addition to the bookshelf of anyone interested in Brazilian animal law.The introduction by the book's editor, Carlos Naconecy, does exactly what an introduction should do: it succinctly describes the content of the chapters to follow. My quibble is that while Naconecy has excellent English and expresses himself well, the essay badly needed the editorial scrutiny of a native English speaker. The succeeding chapters each begin with an abstract, a simple but useful aid to any scholar who might not be interested in all of the issues the book covers.Chapter 1, “Food Animals in Brazil: Five Decades of Transformation,” ably describes Brazil's progression from a primarily subsistence-based agrarian culture to its full-scale embrace of industrial agriculture with all of its incumbent horrors. In just 50 years, Brazil has gone from a net importer to the world's second-largest exporter.The story of the country's transition to confinement, meat-based agriculture is all too familiar. It wrought havoc on community and family ties and overwrote traditional dietary practices, leading to widespread obesity, disease, and nutrient deficiencies. It also made indifference toward agricultural animals a new national norm. The level of cruelty that is both legal and common in Brazilian industrial agriculture would strain credulity if it weren't so similar to those of so many other countries. Indeed, the authors’ discussion of the systemic animal mistreatment, devastating environmental consequences, and accompanying cultural erosion in Brazil could easily have been cut and pasted into a chapter surveying the last 50 years in the United States.The second chapter is the strongest in the collection. “The Legal Protection of Animals in Brazil: An Overview” summarizes the country's animal-legal framework and situates it within the context of Brazil's constitutional prohibition against animal cruelty. The authors explain why the constitution offers little practical protection. Under the prevailing view, only those acts undertaken for the purpose of causing needless suffering constitute cruelty. Since much animal cruelty is ostensibly done for other reasons (food, science, etc.), the cruelty prohibition does not reach the majority of offenses.The authors next construct a syllogistic argument that the current legal classification of animals as “things” rather than beings who are the subjects of rights is logically and ethically flawed. Since cruelty involves suffering, and objects cannot suffer, and since animals suffer (otherwise animal cruelty laws would be pointless), then animals must be subjects of the law. Phrased differently, animals must be rights-holders. This leads into a compelling argument that the constitution not only supports but requires such an interpretation.“Cases and Debates in the Brazilian Animal Rights Arena” does exactly what its title suggests. It looks at recent animal-related judicial developments and situates them within a broader cultural and legal context. For example, the Supreme Court recently held that the Vaquejada, a rodeo-like event involving chasing and tackling terrified cows, was unconstitutional.Immediately following the decision, the legislature amended the constitution to classify the Vaquejada as an important cultural activity and thus protected under a different constitutional provision. The courts are currently considering whether that constitutional amendment is itself unconstitutional. We are further told about movements against foie gras and vivisection and about recent developments regarding custody disputes over domestic animal companions.The final chapter, “Factors That Influence the Brazilian Ethos Regarding Animals” is a broad discussion of the ways Brazilian history and culture have impacted attitudes toward animals. It is argued that because Brazil was the last Western country to eliminate slavery, Brazilians are more prone to treat animals like property and that the Brazilian temperament makes them more likely to be passionate than pragmatic. We also learn that a cultural reluctance to protest against social wrongs enables Brazilians to remain silent in the face of animal injustice and that the country's Catholic tradition instilled the idea that only people were made in the image of God and that animals therefore matter less. These observations strike me as overbroad and problematic. For example, millions of Brazilians have spent much of the past decade protesting government corruption, and the country has an impassioned animal advocacy movement. Furthermore, it is not clear that Brazilians necessarily treat animals differently than people from other countries with very different histories.Overall, Animals in Brazil begins the work of new scholarship in English on animals in the Brazilian context. The fact that some chapters are more informative and useful than others is an inevitable by-product of an edited volume and should not deter those interested in Brazilian animal law from reading it. The excellence of the first two chapters alone makes the book worthwhile. (shrink)

The Open Access Movement maintains that all scientific and scholarly literature should be available to all for free via the Internet. This concept is not new. Some scholars trace its roots as far back as 1963 when “hypertext” was first introduced. Although the Open Access Movement may have originated more than fifty years ago, it has been fueled by more recent events, including the unremitting escalation of journal subscription prices over the last two decades, resulting in massive cancellations of journals (...) by academic libraries; the ubiquitous nature of the Internet and the parallel explosion of electronic resources; and the desire of authors to find a new publishing model which continues to offer the benefits of peer review while providing for more rapid publication and wide-spread distribution than the current labor-intensive, time-consuming model.The Open Access Movement has resulted in a number of online repositories devoted to legal analysis and policy. This column explores the genesis of the movement, its value to researchers and policymakers, and provides an overview of the two principal open access products in the legal arena. (shrink)

How to hospitably welcome refugees and migrants presents urgent questions for social and political thought. Current debates can be attributed to three discursive fields. Liberal versions hold that there are good reasons for political and legal limits of hospitality, critical perspectives advocate a renewed cosmopolitanism and, finally, deconstructive perspectives focus on the demand of unconditional hospitality as an absolute ethical requirement. These concepts trouble the conventional congruence of citizenship and bounded territory that make up modern nation states, on the (...) one hand. On the other hand, they affirm the rights of political communities to decide on the contents and the extent of the universal duty to host those endangered. Taking the Mediterranean and the local arena (Lampedusa) as the example, the article, which is based on extensive, multi-sited anthropological field research, engages with the tensions and limits inherent in current notions of hospitality. (shrink)

Legality, interdisciplinarity and the study of practice -- Re-thinkinking interdisciplinarity by re-reading hume -- Tainted love : the struggle over legality in international relations and international law -- The power of legality, legitimacy and the (im)possibility of interdisciplinary research -- Moving while standing still : law, politics and hard cases -- International law, Kelsen and the aberrant revolution : excavating the politics and practices of revolutionary legality in Rhodesia and beyond -- Juris dicere : custom as a matrix, custom as (...) a norm, and the role of judges and (their) ideology in custom making -- Multiple legalities and international criminal tribunals : juridical versus political legality -- Palestine's quest for statehood and the practice of the United Nations -- Regulatory legality : extraterritorial rule across domestic and international arenas -- Legality and lawfare in regime implementation -- Whose legality? Rule of law missions and the case of Kosovo -- Perspectives on the perils, promise, politics - and practice of interdisciplinarity. (shrink)

This article explores the contribution of the international legal framework to strategies for exercising leverage over and engaging with non-state armed groups. In addressing the framework’s relevance in meeting these challenges, it examines the tensions between hierarchy and reciprocity in international law; key normative developments in international human rights and international humanitarian laws, the issue of existing gaps in the protective framework envisaged by these two bodies of law, and the impact of their growing intersections; recent trends in the (...) international arena that point toward the expansion, as well as restriction, of the normative space and their implications; and, in light of the opportunities/challenges identified, the international legal framework’s prospects for articulating credible engagement strategies with non-state armed groups. (shrink)

Two decades ago, in 1994, in the context of the 4th EU Framework Programme, ELSA was introduced as a label for developing and funding research into the ethical, legal and social aspects of emerging sciences and technologies. Currently, particularly in the context of EU funding initiatives such as Horizon2020, a new label has been forged, namely Responsible Research and Innovation. What is implied in this metonymy, this semantic shift? What is so new about RRI in comparison to ELSA? First (...) of all, for both labels, the signifier was introduced in a top-down manner, well before the concept that was signified by it had acquired a clear and stable profile. In other words, the signifier preceded the research strategies actually covered by these labels. Moreover, the newness of RRI does not reside in its interactive and anticipatory orientation, as is suggested by authors who introduced the term, but rather in its emphases on social-economic impacts. (shrink)

Providing a thorough, well-researched investigation of the socio-legal issues surrounding medically assisted death for the past century, this book traces the origins of the controversy and discusses the future of policymaking in this arena domestically and abroad.

Our paper explores how the affective energies and cultural expectations set in motion by best-selling American sentimental novels like Hannah Foster's The Coquette and Susanna Rowson's Charlotte Temple informed the notorious mid-nineteenth-century American trial of Amelia Norman, who attempted to kill the man who seduced her. Once newspapers, defense lawyers, and reformers such as Lydia Maria Child recast the defendant as a sentimental heroine, the trial became about seduction, and Norman was acquitted against the weight of the evidence. Sentimental novels (...) turn on the contrast between the passive victim status of the heroine and the active libidinal quest of the rake-villain. As Cathy Davidson points out, this fiction is "about silence, subservience, stasis (the accepted attributes of women as traditionally defined) in contradistinction to conflicting impulses toward independence, action, and self expression (the ideals of the new American nation)." The seduction plot diverts attention from this disparity by establishing an affective solidarity between heroine and reader and elevating the ruined woman to a tragic status. The sentimental emplotment of Norman's life marshaled a powerful set of emotional responses and moral judgements on her behalf. Norman claimed insanity. And since sentimental heroines are supposed to go mad when they are seduced and abandoned, the jury was prepared to interpret her symptoms according to her lawyers' very strategy for establishing her innocence. Ultimately, however, Norman embodied the plight of the sentimental heroine at the same time that she contested her fictional counterpart's fate. In this way, her trial spectacularized the disparity which the sentimental novel conjures up and displaces but never resolves. The common law theory of coverture, which severely limited the legal personhood of married women, has received a great deal of scholarly attention. Cases like Norman's remind us that unmarried women were also subject to draconian constraints on their legal personhood. The tort of seduction is a key example. Legal historians trace the development of the seduction tort from its common-law origins, when men's property interest in women's bodies formed the basis of the cause of action, to 1851, when Field Code authors (including Norman's lawyer David Graham) persuaded several states to grant seduced women standing to bring their own cause of action. Consequently, courts were forced to reckon with the seduced woman as a moral agent capable of consenting to sex. As trials like Norman's demonstrate, sentimental novels helped lay the groundwork for this shift in the law by elucidating a subjectivity for the seduced woman. Yet the doctrinal implications of Norman's precedent-setting trial had a second, more ambiguous strain. Norman's sentimental strategy proved so powerful that men on trial for killing their wive's seducers appropriated it to bring their own stories before juries and to reinforce male sexual norms. In the end, then, Norman's trial fostered legal reform, but it also suggested - as Child's fictionalization of the case in "Rosenglory" recognized - that only sustained and multifaceted efforts to change cultural as well as legal norms could improve the sexual status of women. Scholars such as Wai Chee Dimock have argued for a focus "on the historical and historically shifting relations between law and literature" - a view we endorse. Where we differ from Dimock is in our diversion of attention away from abstract ideas of law laid out by treatise writers and philosophers in favor of law experienced and manipulated by individuals. So, too, we are interested less in representations of concepts such as justice in legal and literary texts than we are in the ways in which literature (broadly conceived) can create provisional and fragile opportunities for concrete instantiations of justice and even generate legal change (for good or ill). Going further, we would argue that to the extent legal change motivates rather than simply mirrors cultural change, it needs literature to be effective. Thus, we see no need to characterize - and indeed reject the depiction of - law as "a limited arena" in which ideas of morality have little place. This project, then, responds to Gregg Crane's call for attention to "the complex and slippery historical interactions of law and literature that shape and are shaped by an ever changing cultural idiom of justice." The extended story of Amelia Norman not only constitutes a case study in the inescapable interaction between the overlapping and interdependent discourses of law and literature, but also reveals the literary and legal consequences of that interaction. (shrink)

Although the concept of biobanking is not new, the open and evolving nature of biobanks has created profound ethical, legal, and social implications, including issues around informed consent, community engagement, secondary uses of materials over time, ownership of materials, data sharing, and privacy. Complexities also emerge because of increasing international collaborations and differing national positions. In addition, the degrees and topics of concern vary as legislative, ethical, and social frameworks differ across developed and developing countries. Implementing national laws in (...) an internationally consistent manner is also problematic. However, these concerns should not cause countries, especially developing countries, to lag behind as this novel wave of research gains momentum, particularly while several biobank initiatives are already underway in the developing world. As the law has always struggled to keep up with the fast-evolving scientific arena, this article seeks to identify the ethico-legal frameworks in place in the United Kingdom, Australia, Uganda, and South Africa, for human biobank research, in an attempt to compare and contextualize the approaches to human biobanking in specific developed and developing countries. (shrink)

The dominant image of courts as agencies of trial and judgment has a long history in the common law world. Yet across that region sponsorship of settlement is now widely identified as the courts’ primary responsibility, transforming them into sites where the profoundly different rationalities that ground negotiated agreement increasingly supersede those of rule-based adjudication. This study examines the work of one English court—the Mayor's and City of London Court—in sponsoring settlement and considers how that role is legitimated on both (...) propositional and symbolic levels. This evolving role raises questions about the Victorian court premises themselves. How are we to regard the now frequently empty courtrooms, designed for trial and judgment and decorated with Gothic elevations linking them symbolically with processes of medieval kingship? Should we simply see this Victorian site of contemporary settlement processes as no more than the quaint residue of a vanished era? Or can these historic features retain potency and relevance at a symbolic level, providing legitimacy for bilateral negotiation rather than the open processes of trial and judgment for which they were originally constructed? (shrink)

Legal epistemology has been an area of great philosophical growth since the turn of the century. But recently, a number of philosophers have argued the entire project is misguided, claiming that it relies on an illicit transposition of the norms of individual epistemology to the legal arena. This paper uses these objections as a foil to consider the foundations of legal epistemology, particularly as it applies to the criminal law. The aim is to clarify the fundamental (...) commitments of legal epistemology and suggest a way to vindicate it. (shrink)

This book explores how the design, construction, and use of robotics technology may affect today's legal systems and, more particularly, matters of responsibility and agency in criminal law, contractual obligations, and torts. By distinguishing between the behaviour of robots as tools of human interaction, and robots as proper agents in the legal arena, jurists will have to address a new generation of "hard cases." General disagreement may concern immunity in criminal law (e.g., the employment of robot soldiers (...) in battle), personal accountability for certain robots in contracts (e.g., robo-traders), much as clauses of strict liability and negligence-based responsibility in extra-contractual obligations (e.g., service robots in tort law). Since robots are here to stay, the aim of the law should be to wisely govern our mutual relationships. (shrink)

Current research suggests that nonclinical forensic psychologists[sup1] are appearing increasingly more often in the legal arena. We argue that many of the ethical dilemmas that face these psychologists differ from those encountered by clinical forensic psychologists. To test the accuracy of this assertion, 37 nonclinical forensic psychologists were surveyed to identify some of the ethical issues and dilemmas they have encountered while engaging in expert testimony or pretrial consulting. Respondents were asked also about how they have resolved these (...) ethical issues and whether they were aware of the "Specialty Guidelines for Forensic Psychologists" (Committee on Ethical Guidelines for Forensic Psychologists, 1991). Results of the survey are discussed in terms of the need for additional regulatory guidelines or professional standards that speak directly to the ethical issues confronting nonclinical, forensic expert witnesses and consultants. (shrink)

The debate regarding physician-assisted suicide continues in our society. Despite the recent opinions of the United States Supreme Court, this issue is unlikely to go away anytime soon. For a variety of reasons, this debate is now conducted in the legalistic terms of individual rights and liberties. As a result, perhaps we philosophers have been left behind. This is now a matter for the legal arena and philosophy is likely to be irrelevant. I would like to suggest otherwise (...) for two reasons. (shrink)

Over the past few years, a significant global debate has developed over the classification of workers in the sharing economy either as independent contractors or as employees. While Uber and Lyft have dominated the spotlight lately, the worker classification debates extend beyond ridesharing companies and affect workers across a variety of sectors. Classification of a worker as an employee, rather than an independent contractor, can carry a range of implications for worker treatment and protections under labor law, anti-discrimination law, tort (...) law, and tax law, depending on the legal jurisdiction. The debates, at least in the United States, have been incomplete due to the failure of policy makers and advocates to consider the scope and interconnectedness of the worker classification issues across the full sweep of legal arenas. There is time, however, to remedy the incompleteness of these policy conversations before worker classification decisions ossify and path dependence takes hold. Two interacting forces create the most serious risk for inadequate policy formulation: (1) silos among legal experts, and (2) first-mover effects. Both of these factors, silo and first mover, emerge in sharing economy debates in the United States. Tax experts and other legal specialists operate in distinct silos leading to a misunderstanding by non-tax analysts of the tax ramifications of worker classification, and to an under appreciation on the part of tax experts of the potential influence of “modest” tax rule changes on worker classification generally. The risks of such misunderstandings can be amplified by first-mover efforts, such as: (1) platforms’ contractual designation of workers as independent contractors to bolster a claim of nonemployer/nonemployee status; (2) platforms’ support for proposed tax legislation that would “clarify” the status of sharing workers as independent contractors for tax purposes if they satisfy a multiple-prong (relatively easy) safe harbor test; and (3) sharing economy worker litigation to secure employee status. This Article identifies the incompleteness in the worker classification debates and argues for the active formulation of policy through a process that looks beyond individual fields. A more complete conversation requires analytical engagement across multiple fields and recognition of the de facto power of reform in one arena to influence others. Moreover, it is by no means clear that just because tax might arrive at the legislative drawing table first (due to first mover effects), that it should drive or shape the broader worker classification debate. (shrink)

In an age when "we are all multiculturalists now," as Nathan Glazer has said, the politics of identity has come to pose new challenges to our liberal polity and the presuppositions on which it is founded. Just what identity means, and what its role in the public sphere is, are questions that are being hotly debated. In this book Susan Hekman aims to bring greater theoretical clarity to the debate by exposing some basic misconceptions—about the constitution of the self that (...) defines personal identity, about the way liberalism conceals the importance of identity under the veil of the "abstract citizen," and about the difference and interrelationship between personal and public identity. Hekman’s use of object relations theory allows her to argue, against the postmodernist resort to a "fictive" subject, for a core self that is socially constructed in the early years of childhood but nevertheless provides a secure base for the adult subject. Such a self is social, particular, embedded, and connected—a stark contrast to the neutral and disembodied subject posited in liberal theory. This way of construing the self also opens up the possibility for distinguishing how personal identity functions in relation to public identity. Against those advocates of identity politics who seek reform through the institutionalization of group participation, Hekman espouses a vision of the politics of difference that eschews assigning individuals to fixed groups and emphasizes instead the fluidity of choice arising from the complex interaction between the individual’s private identity and the multiple opportunities for associating with different groups and the public identities they define. Inspired by Foucault’s argument that "power is everywhere," Hekman maps out a dual strategy of both political and social/cultural resistance for this new politics of identity, which recognizes that with significant advances already won in the political/legal arena, attitudinal change in civil society presents the greatest challenge for achieving more progress today in the struggle against racism, sexism, and other forms of oppression. (shrink)

Scientists often find difficulty in engaging in formal public debate about transcientific social issues. Although science is a highly disputatious institution, public argumentation amongst scientists follows very different conventional practices from those that rule in political and legal arenas. Amongst other differentiating features, scientific disputes are typically conducted in writing rather than orally, they are not sharply polarised or formally adversarial, they are seldom addressed to a specific proposition, and they do not reach decisive closure. As a result, the (...) rhetorical style that scientists learn from participation in such practises is not well adapted to the established format of socio-political 'debate'. For scientists to contribute effectively to such debates, they must learn new ways of making their particular type of knowledge convincing in unfamiliar intellectual and social contexts. (shrink)

Le différend commercial sur les OGM dans le cadre de l’OMC a mobilisé une expertise scientifique de façon quelque peu inédite. Dès le départ, le Groupe spécial a situé le différend dans le cadre de l’Accord sur l’application des mesures sanitaires et phytosanitaires de l’OMC grâce à une nouvelle ontologie juridique. Ce groupe a mis en scène l’expertise scientifique en suivant des approches spécifiques définissant de quelle manière les experts seraient interrogés, les réponses qu’ils donneraient, leur rôle spécifique dans le (...) domaine juridique et la façon dont leurs déclarations viendraient compléter ses conclusions. De plus, le Groupe spécial a procédé à un tournant procédural en présentant ses conclusions sous forme d’un jugement purement juridico-administratif tout en gardant implicites ses propres jugements sur les questions de fond liées aux risques.The high-profile WTO trade dispute on GMOs brought in scientific expertise in somewhat novel ways. From the outset, the Panel placed the dispute under the WTO Sanitary and Phytosanitary Agreement by drawing on a new legal ontology. The Panel brought scientific expertise into play in specific ways that defined how experts were questioned, the answers they would give, their specific role in the legal arena, and the way their statements would complement the Panel’s findings. Furthermore, the Panel created a procedural turning point in WTO jurisprudence by representing its findings as a purely legal and administrative assessment of whether the EC’s regulatory procedures violated the SPS Agreement, with its own assessments on substantive risk issues remaining implicit. (shrink)

Though Indian courts at present are riddled with issues concerning music on the copyright front, significance of another aspect of music based on its essence is largely lost and unexplored. Though courts refer to popular songs in judgments, they are few and far in between. The understanding is that law today is neither poetic nor musical. Music, however, expresses mankind’s faith, hope and aspiration. The use of popular music by Indian courts to write creatively, though not necessarily improve the judgment (...) is restricted and largely unexplored. This paper proposes to explore the dimensions of labour movement through music and the role of law in the making of India as a nation. The association of political dissent through music and the determination of the nation state to procure a stake in the management of the popular music that is sought to belong to itself will be the key theme for understanding the songs that make a nation. Beginning from the struggle for India’s independence to modern day labour movements using music for critique and promoting the vernacular culture are the essence of the paper. Historically, the role of music is central for workers in any labour movement worldwide and is now explored in the Indian context, beginning from the early years of struggle in the nineteenth century to the year of independence in 1947. Recent movements including the protests against profiteering and displacement of persons will also form part of the discussions in this paper. The roles of music and the law have periodically been addressed in the scholarly legal arena but the topic has seldom been explored in-depth from a labour perspective, as paper ventures to do. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 8.1 (2001) 39-40 [Access article in PDF] Remembering Feminisms:A Response to the Commentary Erica Burman I am grateful to Gwen Adshead for outlining the broader arguments surrounding feminist critiques of science and their relevance for mental health, particularly in forensic contexts. As she highlights, the debates about the status of accounts of memory hinge upon contested concepts of objectivity and the problem of discursive and (...) provisional (but also necessary) claims to external reality, these being debates to which feminists have actively contributed. There are four additional points I would like to make in response to her comments.Firstly, while I am in general agreement with her presentation of feminist positions in relation to scientific theory and method--and this does largely reflect a current consensus within feminist approaches--it is important not to overstate this consensus. Feminist debates about science, method, and claims to truth are precisely debates. There is no unitary feminist approach. Key arguments between feminists concern, for example, whether to lay claim to (forms of "strong") subjectivity rather than objectivity (see Harding 1986, Hollway 1989, Griffin et al. 1998) or whether to re-work criteria for objectivity to takeaccount of well-known gender biases (Eichler 1988).In my analysis of feminist approaches to "false memory syndrome" (FMS), I wanted to highlight the diversity of feminist positions in order to indicate something of the interconnections between feminist and other political, theoretical, and cultural analyses--ranging from the modernist and empiricist to the postmodernist and constructionist. Hence, while I agree with Adshead that much feminist analysis seems unremarkable since its impact on cultural practice has been so great, I would argue that her account glosses over the many different feminist positions mobilized within the debate around "false/recovered memories." There are widely different views, for example, about the status of evidence/science. Another key area of debate is the role of psychiatric diagnosis between those who subscribe to and those who reject the "terms of art" of psychiatric diagnostic categories.This may sound like a mere effort to attest to the rigor and rationality of feminist scholarship, including feminist re-workings of these terms. However, to come to my second point, there is a material consequence of this closer attention to the conditions for, and reception of, specific feminist analyses. For the debate about "false" or "recovered" memories goes beyond questions about the circulation of the roles of victim versus perpetrator that surround claims of credibility, legitimacy, manipulation, or gullibility. [End Page 39]Thus, Laura Brown and I (1997) and Jan Haaken (1998) have suggested that in order to understand how the current debates surrounding (women's) reported memories could have come about, we need to analyze what has happened through, and what the stakes have been in, the (limited) institutionalization of feminism within models and practices of therapy. This involves attending to the particular forms of feminism that have been included and excluded: For example, how far do therapeutic models accept, and how far do they problematize, the forms and functioning of families? We also need to consider the broader societal response (or backlash?) to a feminized/therapeutic culture, including consequences of the confounding of the therapeutic with the feminized. In particular, Haaken draws attention to the gender essentialism that pervaded second wave (1960s and 1970s) U.S. feminist therapies. This essentialism, she argues, has fueled a failure to interrogate power dynamics (including therapeutic dynamics) between women that make possible displacements of transferential dynamics to an outside party, whether past or present.My third point concerns the ever closer relationship between the therapeutic and legal arenas reflected within the career of FMS. Adshead's reference to a film narrative to highlight competing versions of legal knowledge puts me in mind of how FMS--as a potent cocktail of psychiatric labeling, familial conflict and abuse, and litigation--is the U.S. television courtroom drama writ large. It may be the case that, as Adshead argues, I fail adequately to address the complexity of legal process, with its assumptions about what makes certain accounts more credible or legitimate than others... (shrink)

During the last 20 years, philosophers from different quarters and with very different approaches have begun to theorize human rights in an outpouring of authored and edited books and journal articles. In addition, among policy makers and in the legal arena—the so called workings fields of human rights—there have been noteworthy investigations of human rights that tackle philosophical issues. In this book, Anat Biletzki brings a systematic approach to the multitudinous philosophical analyses of human rights, offering a cohesive (...) overview and analysis of this diverse but now very active field. She explores both the conceptual and historical treatments of human rights and the roots of its practice and examines its derivation from classical theories of rights all the way to existing uses. The book is "contemporary" in two senses: it investigates the most current human rights issues and it addresses emerging criticism of human rights, now arising in various sectors. A long introduction provides background information on the history of human rights, a synopsis of modern-day documents, and an articulation of basic questions. This is followed by a section on the philosophical groundings of human rights, proceeding from a philosophy of rights, to specific theories of human rights, to the questions of universalism vs. relativism. The third sections focuses on specific philosophical issues in human rights, including cultural relativity, economic rights, women’s rights, group, indigenous, and minority rights, security, and sovereignty and humanitarian intervention. And a final section on critiques of human rights has separate chapters on postmodernism, anti-foundationalism, and human rights discourse and practice. (shrink)

This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion. International expert contributors take multidisciplinary approaches, drawing on neuroscience, philosophy, literary theory, psychology, history, and sociology to examine the role of a wide range of emotions across a variety of legal contexts. Chapters consider how the rich tapestry of human emotion impacts legal actors, influences legal doctrine, and shapes the (...) dynamics of legal institutions. Moving beyond legal contexts traditionally considered rife with emotion such as the criminal law and jury trials, the Handbook explores how emotion relates to contracts, property, bankruptcy, international law, and truth and reconciliation commissions. It also reflects on the importance of research methodologies, theories, and techniques for assessing the role of emotion in the legal arena. Surveying the depth and complexity of law and emotion across a panoply of legal actions, institutional contexts, and legal doctrines, this Research Handbook will be critical reading for academics and students of legal theory and legal philosophy. Its detailed examination of emotions in the practice of private, public, international, and criminal law will also be beneficial for lawyers, judges, and policymakers. (shrink)

Modern times are an arena for two opposing trends: the liberalization of mores and laws, and the distancing of changes and adoption of a conservative position against those that occur. Polish family law clearly fails to keep pace with the changes taking place and does not perceive new phenomena. Is this an intentional act of the legislator leading to the preservation of traditional values, or the expression of disapproval and belief in the transitoriness of new phenomena? It comes together (...) with the introduction of new terminology or new interpretations of already existing concepts. Hence the meaning of some of the current concepts in everyday language differs significantly from their meaning arising from legal instruments. The article is an attempt to deal with this problem. (shrink)

The legal and normative openness of human rights allows for the integration of new subjects, arenas, violators, and protectors of human rights. Indigenous movements manage to use this flexibility and implement their claims within the human rights system. Yet, indigenous rights cause manifold discussions and ambiguities, all of which are related to the question of the concept of indigeneity. In spite of the endeavor for pragmatic and flexible approaches, scopes and implications of concepts of indigeneity need to be dealt (...) with. This paper discusses both scope and implications, starting from hegemonic criteria for a working definition of indigeneity. It shows how indigenous identity is inextricably linked to its non-indigenous other. Subsequently, indigenous human rights entail specific repercussions in indigeneity being a resource and an imperative. Those repercussions stem from indigeneity being simultaneously a source and target of indigenous human rights claims and from the self-referential duplication of the right to indigeneity for indigenes, respectively. The provided tools for an analysis of the ambiguities of indigenous human rights contribute to their further and more just development, implementation, and monitoring. (shrink)

Exploratory analysis is an area of increasing interest in the computational linguistics arena. Pragmatically speaking, exploratory analysis may be paraphrased as natural language processing by means of analyzing large corpora of text. Concerning the analysis, appropriate means are statistics, on the one hand, and artificial neural networks, on the other hand. As a challenging application area for exploratory analysis of text corpora we may certainly identify text databases, be it information retrieval or information filtering systems. With this paper we (...) present recent findings of exploratory analysis based on both statistical and neural models applied to legal text corpora. Concerning the artificial neural networks, we rely on a model adhering to the unsupervised learning paradigm. This choice appears naturally when taking into account the specific properties of large text corpora where one is faced with the fact that input-output-mappings as required by supervised learning models cannot be provided beforehand to a satisfying extent. This is due to the fact of the highly changing contents of text archives. In a nutshell, artificial neural networks count for their highly robust behavior regarding the parameters for model optimization. In particular, we found statistical classification techniques much more susceptible to minor parameter variations than unsupervised artificial neural networks. In this paper we describe two different lines of research in exploratory analysis. First, we use the classification methods for concept analysis. The general goal is to uncover different meanings of one and the same natural language concept. A task that, obviously, is of specific importance during the creation of thesauri. As a convenient environment to present the results we selected the legal term of neutrality, which is a perfect representative of a concept having a number of highly divergent meanings. Second, we describe the classification methods in the setting of document classification. The ultimate goal in such an application is to uncover semantic similarities of various text documents in order to increase the efficiency of an information retrieval system. In this sense, document classification has its fixed position in information retrieval research from the very beginning. Nowadays renewed massive interest in document classification may be witnessed due to the appearance of large-scale digital libraries. (shrink)

Common Law Theory of Judicial Review: The Living Tree, Wil Waluchow neatly sidesteps the critique of judicial review based on the con- tention that constitutional rights are unacceptably indeterminate by arguing that it is this very indeterminacy that makes a common law method of legal interpretation appropriate. However, his contention that judges are able to ‘discover’ the underlying ‘authentic’ moral views of citizens is insufficiently grounded to meet the objection that common law reasoning utilising such unspecific material will result (...) in controversial decisions that reflect the val- ues and experience of an unrepresentative social and professional elite. He also ignores the important fact that electoral democracy is partly about the protection of vulnerable majorities against powerful minorities. However, Waluchow’s approach could be rendered more acceptable where there is the practical possibility of effective legislative on law style decision-making in the arena of human rights.Resumen:En su libro A Common Law Theory of Judicial Review: The Living Tree, Wil Waluchow de manera elegante y sutil evita la crítica al judicial review con el argumento de que los derechos constitucionales son irremediablemen te indeterminados y sostiene que precisamente por este aspecto de inde terminación un método basado en el common law es adecuado para la in terpretación de los derechos. Sin embargo, su postura de que los jueces son capaces de “descubrir” las perspectivas morales “auténticas” de los ciudadanos no está bien fundamentada como para hacer frente a la crítica de que el método del common law, al utilizar dicho material poco específico, da como resultado decisiones controvertidas que reflejan los valores y experiencia de una elite profesional y social no representativa. También el argumento de Waluchow ignora que la democracia electoral tiene como objetivo proteger a mayorías vulnerables de poderosas minorías. No obstante lo anterior, la tesis de Waluchow puede ser más viable donde exista la posibilidad práctica de una revisión efectiva de las leyes a través de las decisiones propias del método del common law en el ámbito de los derechos humanos. (shrink)

In many jurisdictions, legal frameworks afford patients the opportunity to make prospective medical decisions or to create directives that contain a special provision forfeiting their own ability to object to those decisions at a future time point, should they lose decision‐making capacity. These agreements have been described with widely varying nomenclatures, including Ulysses Contracts, Odysseus Transfers, Psychiatric Advance Directives with Ulysses Clauses, and Powers of Attorney with Special Provisions. As a consequence of this terminological heterogeneity, it is challenging for (...) healthcare providers to understand the terms and uses of these agreements and for ethicists to engage with the nuances of clinical decision‐making with such unique provisions surrounding patient autonomy. In theory, prospective self‐binding agreements may safeguard patient's “authentic” wishes from future “inauthentic” changes of mind. In practice, it is unclear what may be comprised within these agreements or how—and to what effect—they are used. The primary focus of this integrative review is to curate the existing literature describing Ulysses Contracts (and analogous decisions) used in the clinical arena, in order to empirically synthesize their shared essence and provide insights into the traditional components of these agreements when used in practice, the requirements of their consent processes, and the outcomes of their utilization. (shrink)

This article deals with legal corporate behavior and corporate structures. It discusses the activity within and between business units. It explains studies on corporate behavior in a threefold order—the first order deals with the gap between formal legal contracts and informal corporate covenants; the second order deals with norms that govern alternative contractual norms; and the third order exclusively deals with the economic aspects of the study. The legal-economic approach tries to identify the gap between actual behavior (...) and ideal behavior. This article demonstrates that investors are claimed to be non-interventionist and only the investor's direct involvement necessitates direct monitoring. It examines new arenas of contract practice such as Internet shopping and e-commerce more generally. (shrink)

This book brings together new work by some of the foremost writers in the health care law arena. It presents exciting new insights,drawing on feminist theory and methodology to further our understanding of health care law. Whilst the book makes a real contribution to both feminist debates and the analysis of this area of law, it is also accessible to the undergraduate student who is approaching this area of legal scholarship and feminist jurisprudence for the first time. Its (...) focus is not merely on those issues which have traditionally excited feminist attention, but also includes those subjects which have proved of less apparent interest such as confidentiality, medical research, medical negligence and professional discipline. (shrink)

This article deals with legal corporate behavior and corporate structures. It discusses the activity within and between business units. It explains studies on corporate behavior in a threefold order—the first order deals with the gap between formal legal contracts and informal corporate covenants; the second order deals with norms that govern alternative contractual norms; and the third order exclusively deals with the economic aspects of the study. The legal-economic approach tries to identify the gap between actual behavior (...) and ideal behavior. This article demonstrates that investors are claimed to be non-interventionist and only the investor's direct involvement necessitates direct monitoring. It examines new arenas of contract practice such as Internet shopping and e-commerce more generally. (shrink)

For much of the past two centuries, religion has been understood as a universal phenomenon, a part of the “natural” human experience that is essentially the same across cultures and throughout history. Individual religions may vary through time and geographically, but there is an element, religion, that is to be found in all cultures during all time periods. Taking apart this assumption, Brent Nongbri shows that the idea of religion as a sphere of life distinct from politics, economics, or science (...) is a recent development in European history—a development that has been projected outward in space and backward in time with the result that religion now appears to be a natural and necessary part of our world. Examining a wide array of ancient writings, Nongbri demonstrates that in antiquity, there was no conceptual arena that could be designated as “religious” as opposed to “secular.” Surveying representative episodes from a two-thousand-year period, while constantly attending to the concrete social, political, and colonial contexts that shaped relevant works of philosophers, legal theorists, missionaries, and others, Nongbri offers a concise and readable account of the emergence of the concept of religion. (shrink)

This book examines the role of the EU in ensuring privacy and data protection on the internet. It describes and demonstrates the importance of privacy and data protection for our democracies and how the enjoyment of these rights is challenged by, particularly, big data and mass surveillance. The book takes the perspective of the EU mandate under Article 16 TFEU. It analyses the contributions of the specific actors and roles within the EU framework: the judiciary, the EU legislator, the independent (...) supervisory authorities, the cooperation mechanisms of these authorities, as well as the EU as actor in the external domain. Article 16 TFEU enables the Court of the Justice of the EU to play its role as constitutional court and to set high standards for fundamental rights protection. It obliges the European Parliament and the Council to lay down legislation that encompasses all processing of personal data. It confirms control by independent supervisory authorities as an essential element of data protection and it gives the EU a strong mandate to act in the global arena. The analysis shows that EU powers can be successfully used in a legitimate and effective manner and that this subject could be a success story for the EU, in times of widespread euroskepsis. It demonstrates that the Member States remain important players in ensuring privacy and data protection. In order to be a success story, the key stakeholders should be prepared to go the extra mile, so it is argued in the book. The book is based on academic research for which the author received a double doctorate at the University of Amsterdam and the Vrije Universiteit Brussels. It builds on a long inside experience within the European institutions, as well as within the community of data protection and data protection authorities. It is a must read in a time where the setting of EU privacy and data protection is changing dramatically, not only as a result of the rapidly evolving information society, but also because of important legal developments such as the entry into force of the General Data Protection Regulation. This book will appeal to all those who are in some way involved in making this regulation work. It will also appeal to people interested in the institutional framework of the European Union and in the role of the Union of promoting fundamental rights, also in the wider world.. (shrink)

Even if there is a common morality, many would argue that it provides little guidance in resolving moral disputes, because universally accepted norms are both general in content and few in number. However, if we supplement common morality with commonly accepted factual beliefs and culture-specific norms and utilize coherentist reasoning, we can limit the range of acceptable answers to disputed issues. Moreover, in the arena of public policy, where one must take into account both legal and moral norms, (...) the constraints on acceptable answers will narrow the extent of reasonable disagreement even further. A consideration of the debate over legalization of assisted dying supports this claim. (shrink)

The book analyses the Indian Supreme Court's jurisprudence on homosexuality, its current approach and how its position has evolved in the past ten years. It critically analyses the Court's landmark judgments and its perception of equality, family, marriage and human rights from an international perspective. With the help of European Court of Human Rights' judgments and international conventions, it compares the legal and social discrimination meted out to the Indian LGBTI community with that in the international arena. From (...) a social anthropological perspective, it demonstrates how gay masculinity, although marginalized, serves as a challenge to patriarchy and hegemonic masculinity. This unique book addresses the lack of in-depth literature on gay masculinity, elaborately narrating and analysing contemporary gay masculinity and emerging gay lifestyles in India and highlighting the latest research on the subject of homosexuality in general and in particular with respect to India. It also discusses several new issues concerning the gay men in India supported by the living law approach put forth by Eugen Ehrlich. (shrink)

The contemporary confluence of globalization and ethical pluralism is at the origin of many ethical challenges that confront business nowadays, both in practice and in theory. One of the challenges arising from the development of globalization has to do with respect for cultural diversity. It is often said that the success of economic globalization tends towards social and cultural homogeneity. To the extent that cultural diversity is usually seen as a valuable reality, that global trend seems to contradict our efforts (...) to respect ethical pluralism, both personal and cultural, within society. In this paper I argue that (a) ethical minimalism, despite its emphasis on tolerance and justice, does not take pluralism seriously into account in present-day society, and (b) ethical minimalism is not suited to balancing the homogenizing trend of globalization. Certainly ethical norms are necessary, but by no means are they sufficient in themselves to encourage either justice or tolerance; nor are they sufficient to inspire and encourage good practices and sound regulations. Instead, virtue-based ethics has the capacity of inspiring and encouraging good practices. Particularly, virtue-based ethics is able to inspire a serious dialogue about ethical and legal issues both in the public arena and within organizations. (shrink)

One area in which children’s rights are rarely considered in the USA is that of autonomy over their bodies. This right is routinely ignored in the arena of health care decision making. Children are routinely excluded from expressing their opinions involving medical decisions that affect them. This article discusses the complex reasons why children’s voices are typically not heard in the USA, the consequences of their disempowerment, and the ethical obligations of health care providers to advocate for the rights (...) of children, even in the absence of a legal mandate to do so. (shrink)

As support for clinical ethics committees in the UK grows, care must be taken to define their function, membership and method of working and the status of their decisions.The modern practice of medicine raises a plethora of complex issues—medical, ethical and legal. Doctors and other healthcare professionals increasingly must try to resolve these and may sometimes have to do so in the face of contrary opinion expressed by patients and/or their surrogates. While clearly qualified in the medical arena, (...) and although there is now more ethics teaching in the medical curriculum, healthcare professionals are seldom qualified to adjudicate on ethical or legal matters, or even, perhaps, to recognise them when they arise. Yet, as Doyal says, “clinical life must go on and moral and legal indeterminacy within medicine cries out for practical resolution.”1 Meanwhile, the expectations of patients and their families—and, indeed, of wider society—are that decisions about patient care, resources and therapeutic regimes should be soundly based on appropriate ethicolegal, as well as scientific, principle.Recognition of these additional burdens on healthcare professionals has generated some interest in the provision of ethics consultation. In the USA this has been undertaken by a variety of tribunals and individuals. Hospital ethics committees and ethics consultants feature in many US hospitals and perform a variety of roles. In Europe, a number of countries have also established clinical ethics committees and they are becoming more common in the UK—primarily in England and Wales for the moment. Whereas, however, “[i]n North America, CECs have … become an integral part of the organisational infrastructure of hospitals ...”,1 in the United Kingdom they remain essentially ad hoc bodies, generated for a variety of reasons and with different goals, structures, membership, methods of working and functions. The initial impetus for the …. (shrink)