Algunos de los más relevantes filósofos del derecho de los últimos años, como Carlos S. Nino y Ronald Dworkin, han defendido que hay una pluralidad de conceptos de Derecho. Scott Shapiro ha sostenido una posición especialmente relevante acerca de ello: la palabra ‘Derecho’ es sistemáticamente ambigua, pues a veces designa un conjunto de normas y otras veces una organización social. Esta es precisamente la tesis criticada en el trabajo. Se argumenta, basándose en determinada literatura filosófica acerca de los conceptos, que (...) los conceptos de objetos sociales de carácter intencional contienen una dimensión social y una dimensión significativa, normativa en el caso del derecho. El mismo concepto de Derecho expresa una dimensión social y una normativa imbricadas entre sí. Some of the most relevant legal philosophers in the last decades, as Carlos S. Nino and Ronald Dworkin, have defended the idea that there is a plurality of concepts of law. Scott Shapiro has sustained this account in a particularly relevant way: the word ‘law’ displays a ubiquitous ambiguity, sometimes designates a set of norms and other a social organization. This is precisely the thesis which is criticized in the paper. It is argued, from a certain philosophical literature about the concepts, that concepts of social objects of intentional character contain a social dimension and a meaning dimension, normative in the case of the law. That is to say, the concept of law expresses a social dimension and a normative dimension intertwined. (shrink)

A common assumption in the selection of nonhuman animal subjects for research and the approval of research is that, if the risks of a procedure are too great for humans, and if there is a so-called scientific necessity, then it is permissible to use nonhuman animal subjects. I reject the common assumption as neglecting the central ethical issue of the permissibility of using nonhuman animal subjects and as being inconsistent with the principle of justice used in human subjects research ethics. (...) This principle requires that certain classes of individuals not be subjected to a disproportionate share of the burdens or risks of research. I argue for an extension of this principle to nonhuman animal research and show that a prima facie violation of the principle occurs because nonhuman animals bear an overwhelmingly disproportionate share of the risks of research without sufficient justification or reciprocal benefit. (shrink)

Management scholars and social scientists investigate dynamics of subjective fairness perceptions in the workplace under the umbrella term “organizational justice.” Philosophers and ethicists, on the other hand, think of justice as a normative requirement in societal relationships with conflicting interests. Both ways of looking at justice have neither remained fully separated nor been clearly integrated. It seems that much could be gained and learned by more closely integrating the ethical and the empirical fields of justice. On the other hand, it (...) may simply not be possible to bridge the divide between the subjective empirical and the normative prescriptive justice as both fields pose different questions and rely on different assumptions and methods. In this paper, we propose a “reconciliation” model, as a third way of considering justice in the workplace, taking into account normative and psychological issues pertaining to justice. Through applying a reconciliation model, we provide a new way of looking at the interconnections between justice philosophy and organizational justice that could advance future research in both fields. Our model also implies that justice researchers can and should be concerned with the moral implications of their own subject of research. (shrink)

This article examines two modalities of law, depicted spatially as the vertical and the horizontal. The intellectual background for seeing law in vertical and horizontal dimensions is to be found in much socio-legal scholarship. These approaches have challenged the modernist, legal positivist and essentially vertical view of law as a system of imperatives emanating from a hierarchically superior source such as a sovereign. In keeping with the socio-legal critical tradition, but approaching it from the perspective of legal philosophy, my aim (...) is to address three matters. First, why is vertical law problematic for feminists? Second, what are the theoretical characteristics of law in its horizontal register? Third, how is an appreciation of this ‘flat’ law useful for feminist legal theory and practice? In particular, I consider the ways in which feminist legal theory operating in the horizontal dimension can transgress, without transcending, the vertically determined perimeters of the nation state. (shrink)

A moral problem arises when a patient refuses a treatment that would save her life. Should the patient be treated against her will? According to an influential approach to questions of biomedical ethics, certain considerations pertaining to individual autonomy provide a solution to this problem. According to this approach, we should respect the patient’s autonomy and, since she has made an autonomous decision against accepting the treatment, she should not be treated. This article argues against the view that our answer (...) to the question of whether or not the refusing patient ought to be treated should be based on these kinds of considerations pertaining to individual autonomy and maintains that finding a plausible answer to this question presupposes that we resolve questions concerning subjectivity and objectivity of individual wellbeing. (shrink)

Aristotle claims at Eudemian Ethics 1.2 that everyone who can live according to his own choice should adopt some goal for the good life, which he will keep in view in all his actions, for not to have done so is a sign of folly. This is an opinion shared by other ancients as well as some moderns. Others believe, however, that this view is false to the human condition, and provide a number of objections: (1) you can’t plan love; (...) (2) nor life’s surprises; (3) planning a whole life is of no use since the world changes too much; (4) as do our values; and (5) planning a life is something only dreary people would do. The aim of this paper is to examine these objections, as part of a broader attempt to defend the relevance of a eudaimonistic approach to the question of how to live well. (shrink)

In modern jurisprudence it is taken as axiomatic that John Austin's sanction-based account of law and legal obligation was demolished in H.L.A. Hart's The Concept of Law, but Hart's victory and the deficiencies of the Austinian account may not be so clear. Not only does the alleged linguistic distinction between being obliged and having an obligation fail to provide as much support for the idea of a sanction-independent legal obligation as is commonly thought, but the soundness of Hart's claims, as (...) well as the claims of many legal theorists who have followed him, depend on a contested view of the nature of legal theory. If the task of a theory of law, as Joseph Raz and others have influentially argued, is to identify the essential features of the concept of law, then the theoretical possibility, if not the empirical reality, of a sanction-free legal system is what is most important. But if the task of a theory of law is to provide philosophical and theoretical illumination of law as it exists and as it is experienced, then a theory of law that fails to give a central place to law's coercive reality may for that reason be deficient as a theory of law. The question of the soundness of the Austinian account, therefore, may be a function of the answer to the question of what a theory of law is designed to accomplish. (shrink)

A renewed concern with Aristotle’s thought about the economic aspects of human life and society can be observed. Aristotle dealt with the economic issues in his practical philosophy. He thus considered ‘the economic’ within an ethical and political frame. This vision is coherent with a specific ontology of ‘the economic’ according to Aristotle. In a recent paper, I analysed this ontology and left its consequences, especially for Ethics and Politics, for another paper. In this article, I firstly summarise the reasoning (...) and conclusions of the aforementioned paper. Then, I extract the ethical and political “lessons” of the Aristotelian conception. I finally add a section with epistemological “lessons”, and consequences for the teaching of Economics. (shrink)

The paper argues for viewing legal validity as a doxastic obligation, i.e. as the obligation to accept a rule in legal reasoning. This notion of legal validity is shown to be both sufficient for the laywers' needs and neutral in regard to various theories of the grounds of validity, i.e. theories intended to identify what rules are legally valid, by proposing different grounds for attributing validity. All of these theories, rather then being alternative definitions of validity, presuppose the notion here (...) provided.This notion is purely normative, but it allows for the construction of theories of the grounds of validity which give due importance to social expectations and institutions. As an example of how this may happen, one such theory is also provided. This theory, which is presented through a detailed example of a judicial debate, is based upon the recognition of the (instrumental) value of co-ordination, as the necessary way to achieve the most valuable purposes of the law. (shrink)

Detrás del velo del derecho positivo. Sobre Il diritto contro se stesso. Saggio sul positivismo giuridico e la sua crisi, por Massimo La Torre En su última obra –Il diritto contro se stesso. Saggio sul positivismo giuridico e la sua crisi-– Massimo La Torre sostiene una tesis muy precisa: si no queremos que el derecho sea sólo violencia organizada, es oportuno distanciarse del positivismo jurídico. El riesgo, sin embargo, es que el antipositivismo acabe “tirando el bebé con el agua de (...) la bañera”. El derecho moderno, de hecho, toma forma en la dialéctica entre la moral y el poder, entre lo que se decide y quién decide, en términos habermasianos: entre la “legitimidad” y la “positividad”. No es en absoluto seguro que esta dialéctica pueda conciliarse practicando únicamente el positivismo jurídico, sobre todo si esto aplasta la “legitimidad” sobre la “positividad”. Pero incluso un antipositivismo que se incline demasiado por la moral, por lo que se decide, en definitiva por la “legitimidad" solamente, acabaría cayendo en un error exactamente igual y opuesto al del positivismo. (shrink)

Chief Judge Achilles and Judge Hera – uniqueness of proceedings – the nature of judicial decision-making – the judicial order of Mega-city One – source of judicial power – judicial styles – qualities required for judicial office – context of judicial action – requirement of reflection – interpretation and meaning in enforcement of law – adjudicative models – law as horrific – legal theories – Hans Kelsen – Justice Hercules – Jacques DerridaJudge Howard – critical assessment of judicial order of (...) Mega-city One – Hans Kelsen, positivism and democracy – merging of law fondatrice and law conservatrice – the “soul of the law” – fracture of the Rule of Law – fascism – comparisons with fascist regimes of twentieth Century Europe – signifiers in judicial uniform – consequences of dissent – reasons for, and consequences of, resignationChief Judge AchillesJudge HeraJudgement delivered 3 March 2138.Grand Hall of Justice, Mega-city One. (shrink)

This paper addresses the justice of national self-determination claims and defends a right to self-determination rendered as both a primary right, meaning that it does not require grievances or injustices, and a prima facie right, meaning that it is defeasible by the presence of injustices or the prospect of baneful consequences. The paper’s distinct contribution lies in the ground of this right, arguing that autonomy is not alone sufficient and that a better grounding can be found in a common civic (...) life, understood as a species of the basic good of interpersonal harmony. This basic good, and the norm of self-determination that protects it, rest on the foundation of natural law. The paper manifests the collection’s focus on liberty and security by exploring the claims for liberty proffered by a group desiring collective political autonomy, claims that bear upon the security of the group’s members, the security and liberty of minorities and of people liable to be subjected to illiberal practices, and the security of all who would experience war and violence in conflicts over self-determination. (shrink)

The philosophical literature on well-being and the good life contains very little explicit discussion of what makes for a better or worse death. The purpose of this essay is to highlight some commonly held views about the good death and investigate whether these views are recognized by the leading theories of well-being. While the most widely discussed theories do have implications about what constitutes a good death, they seem unable to fully accommodate these popular good death views. I offer two (...) partial explanations for why these views have been neglected in discussions of well-being and make two corresponding recommendations for future work in the philosophy of well-being. (shrink)

There has been significant debate about whether the moral norms of medical practice arise from some feature or set of features internal to the discipline of medicine. In this article, I analyze Edmund Pellegrino’s conception of the internal morality of medicine, and situate it in the context of Alasdair MacIntyre’s influential account of “practice.” Building upon MacIntyre, Pellegrino argued that medicine is a social practice with its own unique goals—namely, the medical, human, and spiritual good of the patient—and that the (...) moral norms that govern medical practice are derived from these goals. After providing an overview of Pellegrino’s work, I discuss some forceful objections to his theory—specifically, that it is too rigid and incapable of entering into dialogue with contemporary values systems; that it is dependent on an external conception of human flourishing; and that it is incompatible with the rapidly changing nature of modern medicine. In the final section of this article, I consider how theorists working in the Hippocratic tradition might respond to these objections against ethical essentialism by drawing upon MacIntyre’s historico-cultural method as well as what he calls Aristotle’s “metaphysical biology.”. (shrink)

In a spirit of critical appreciation, this essay challenges several core aspects of the critique of secular morality and the defense of Orthodox Christianity offered by H. Tristram Engelhardt in After God. First, I argue that his procedurally driven approach to a binding morality based solely on a principle of permission leaves morality without any substantive definition in general terms, in ways that are both conceptually problematic and also at odds with Engelhardt’s long-standing distinction between non-malevolence and beneficence. Second, I (...) question the accuracy or adequacy of Engelhardt’s critique of the Enlightenment project for his unwarranted privileging of a particular version of Enlightenment thinking at the expense of other Enlightenment perspectives less amenable to Engelhardt’s working generalizations. Third, I challenge the theoretical cogency of Engelhardt’s insistence on the ubiquity and intractability of moral controversies and his depiction of moral strangers and moral friends as, in effect, mutually exclusive terms. Finally, I question Engelhardt’s embrace of a divine command model of ethics as the appropriate resolution of Euthyphro’s dilemma and suggest that there may be intermediate approaches to the usual starkly drawn contrasts between divine command and naturalist accounts. (shrink)

For various centuries, the question of whether natural law is normative or not has been posed. In contemporary legal philosophy, the scholar who is considered to be the main defender of natural law is the Catholic philosopher John Finnis. Finnis contends that natural law can provide a good account of normativity. However, is Finnis right? In this article, I aim at answering this question and I contend that, in broad terms, Finnis is correct in affirming that natural law can provide (...) a good account of normativity. (shrink)

In A Matter of Principle, Ronald Dworkin discusses the role a political morality should play in decisions about when the law should be obeyed and enforced, and even what law is. Noticing that liberalism was once a quasi-consensus theory in Great Britain and the United States – and, therefore, a natural candidate to that role in those countries – Dworkin argues that the loss of that status is due to an alleged failure of liberal political theorists to identify a kind (...) of egalitarianism as the constitutive principle on which liberalism is based. My aim in this paper is to advance arguments against such an influential claim that a certain egalitarianism would be the constitutive principle of political liberalism. (shrink)

The last two decades have seen a great deal of scandals in the business world. Many of them have to do with accounting and management control, but in substantially different ways. This paper focuses on the dysfunctional effects of systems of measurement and incentives, and the possible ways to overcome those dysfunctional effects, achieving a stable state of goal congruence through the introduction of justice in the design and use of management control systems, by contributing to the ethical development within (...) the organization. We first analyze how the discipline of control systems came into being, and show how, in the last decades, both in theory and practice, has gone in a direction of becoming more ‘automatic,’ and then, we provide some case studies of how they are at the origin of many of the scandals. Borrowing from Rosanas and Velilla and from Cugueró-Escofet and Rosanas, we develop a model of control systems based on justice, where we make the distinction between formal and informal justice. We are then able to show how informal justice is the key element in the dynamics of a control system: to preserve formal justice, or to evolve toward formal justice. In any case, it is a necessary condition to reach a state of maximum goal congruence, stable through time, as a consequence of the ethical development that this type of systems are able to generate. (shrink)

The United Nation’s mandate to engineer international peacecraft is correlated with the promotion of universal human rights. Universal human rights are held to apply consistently to everyone everywhere without conceivable exception. There is some debate as to whether universal human rights possibly exist. This debate centers around two difficulties: 1) the task of identifying a single trait or capability that all human beings necessarily share, and 2) the task of relating human rights to this trait or capability. Conventional epistemic justifications (...) defending the existence of universal human rights attempt to address both difficulties. However, they have become the focus of numerous criticisms. By conducting systematizing and critically reviewing text analyses, I will conclude that conventional epistemic justifications are unable to refute standard criticisms satisfactorily. In their place, I will introduce an epistemic justification from the philosophy of mind. I will attempt to demonstrate that this justification is capable of 1) identifying a single trait that all human beings necessarily share, 2) relating human rights to this trait, and 3) satisfactorily refuting the standard criticisms raised against conventional epistemic theories. I have produced this paper in the hope of further legitimizing the UN’s mandate to engineer international peacecraft by providing a more philosophically optimal justification of claims affirming the existence of universal human rights. (shrink)

In his new book, The Force of Law, Frederick Schauer maintains that law has no necessary properties, and that therefore jurisprudents should not assume that an inquiry into the nature of law has to be a search for such properties. I argue, however, that Schauer's attempt to show that legal anti-essentialism is a defensible position fails, because his one main argument is either irrelevant or else incomplete, depending on how one understands it, and because the other main argument is false.

‘Optimistic’ normative theories of criminal justice aim to justify criminal sanction in terms of its reprobative/rehabilitative value rather than its punitive nature as such. But do such theories accord with ordinary intuitions about what constitutes a ‘just’ response to wrongdoing? Recent empirical work on the psychology of punishers suggests that human beings have a ‘brutely retributive’ moral psychology, making them unlikely to endorse normative theories that sacrifice retribution for the sake of reprobation or rehabilitation; it would mean, for example, that (...) we cannot expect people to support such optimistic theories democratically, calling their feasibility into question. Taking the civic republican theory as an exemplar of optimistic theories, we argue that it does not fail this feasibility test. We review recent empirical research, including studies of our own, to support the claim that, far from being brute retributivists, human beings are generally satisfied only with punishment that delivers something other than mere retribution. And we show that this coheres very closely with the goals and policies that civic republicanism would support, as it may be expected to cohere also with other optimistic proposals. (shrink)

Legal realism comes in two main versions, namely American legal realism and Scandinavian legal realism. In this article, I shall be concerned with the Scandinavian realists, who were naturalists and non-cognitivists, and who maintained that conceptual analysis is a central task of legal philosophers, and that such analysis must proceed in a naturalist, anti-metaphysical spirit. Specifically, I want to consider the commitment to ontological naturalism and non-cognitivism on the part of the Scandinavians and its implications for their view of the (...) nature of law. I argue that the Scandinavians differ from legal positivists in that they reject the idea that there are legal relations, that is, legal entities and properties, and to varying degrees defend the view that law is a matter of human behavior rather than legal norms, and that they do not and cannot accept the idea that there is a ‘world of the ought’ in Kelsen's sense. I also argue, more specifically, that the objection to non-naturalist theories raised by the Scandinavians—that there is and can be no connection between the higher realm of norms and values and the world of time and space—is convincing, and that Kelsen's introduction of a so-called modally indifferent substrate does nothing to undermine this objection. In addition, I argue that the Scandinavians can account for the existence of legal relations that do not presuppose the existence of morally binding legal norms by embracing conventionalism about the existence of the sources of law, while pointing out that in doing so they would also be abandoning their legal realism for legal positivism. Finally, I argue that the implications for legal scholarship of the realist emphasis on human behavior instead of legal norms is not well explained by the realists and appear to amount to little more than a preference for teleological interpretation of legal norms. (shrink)

In this paper, I explore how to accommodate non-consequentialist constraints with a broadly value-based conception of reasons for action. It turns out that there are two grades of non-consequentialist constraints. The first grade involves attaching ethical importance to such distinctions as the doing/allowing distinction, and the distinction between intended and unintended consequences that is central to the Doctrine of Double Effect. However, at least within the value-based framework, this first grade is insufficient to explain rights, which ground weighty reasons against (...) infringing those rights that need not be outweighed even when infringing those rights is necessary for preventing a larger number of people from having their rights infringed in the same way. Such rights form a second grade of non-consequentialist constraints: within the value-based framework, this second grade is best explained in terms of the intrinsically relational values and disvalues of interpersonal interactions and relationships. (shrink)

This article argues that the price obtainable in an open market provides the best standard for determining the justice or injustice of the price of a product. The article argues that this standard, which is closely related to positions which have been held for hundreds of years, is superior to several alternative conceptions of the just price that have been put forward in recent years and is not subject to fundamental criticisms which can be addressed to them. The article also (...) shows how this standard is grounded in more fundamental principles of justice such as desert and equality. (shrink)

The prospect of using memory modifying technologies raises interesting and important normative concerns. We first point out that those developing desirable memory modifying technologies should keep in mind certain technical and user-limitation issues. We next discuss certain normative issues that the use of these technologies can raise such as truthfulness, appropriate moral reaction, self-knowledge, agency, and moral obligations. Finally, we propose that as long as individuals using these technologies do not harm others and themselves in certain ways, and as long (...) as there is no prima facie duty to retain particular memories, it is up to individuals to determine the permissibility of particular uses of these technologies. (shrink)

Thomas Hobbes denied both that opinion provides access to truth and that it ought to be protected from political manipulation. Hobbes knew that his contempt for opinion put him at odds with the classical tradition of political philosophy. What he could not have known was that it also would put him at odds with modern, liberal democracy, which protects opinions—the opinions of the public—that it cannot invest with truth value.

The concept of co‐ordination problems helps solve the problem of authority and obligation in legal theory, but only if the concept is carefully distinguished from the game‐theoretical concept of co‐ordination problems and their solutions. After explaining the game‐theoretical concept, the author defends its application to legal theory by reviewing the exchange he has had with Joseph Raz about the authority of law. Extending that debate, he argues that criticisms from Raz and others miss the point of the co‐ordination thesis; its (...) primary benefit is that it illuminates the source of law's moral authority in the way law enables individuals to co‐ordinate their actions for the common good without imposing a national common enterprise upon them. (shrink)

Abstract.Although the Hart/Dworkin debate has as much to do with Dworkin's affirmative theory of judicial discretion as with Hart's more comprehensive theory of law, the starting point was of course Dworkin's attempt to demolish the “model of rules,” Hart's alleged analysis of legal systems as collections of conclusive reasons for specified legal consequences. The continuing relevance of this attack for the prospects for any theory of law is the subject of the present essay.

This essay argues for a conception of law as a normative practice, a conception which departs from traditional, particularly positivist, conceptions. It is argued that Dyzenhaus's book (Dyzenhaus 1991), with its fascinating case study of unjust judicial decisions in South Africa, makes a compelling argument for such a conception. However, the essay takes issue with Dyzenhaus for romanticising the liberal tradition, and inflating the power of law and legal theory. Nonetheless, the essay agrees that positivist accounts tend to downplay the (...) emancipatory promise of law, and ends with some remarks about promise. (shrink)

The author presents a relatively formal theory of the rule of law which includes three basic components: conceptual, institutional and axiological. He then emphasizes the differences between a formal and a substantive theory of the rule of law and highlights the advantages and limits of the former. Finally, the author indicates the importance of this type of theory, namely the values it implies such as predictability, justified reliance, autonomous choice, minimization of disputes and legitimacy.**.

The argument of this article is that the dual-nature thesis is not only capable of solving the problem of legal positivism, but also addresses all fundamental questions of law. Examples are the relation between deliberative democracy and democracy qua decision-making procedure along the lines of the majority principle, the connection between human rights as moral rights and constitutional rights as positive rights, the relation between constitutional review qua ideal representation of the people and parliamentary legislation, the commitment of legal argumentation (...) to both authoritative and non-authoritative reasons, and the distinction between rules as expressing a real “ought” and principles as expressing its ideal counterpart. All of this underscores the point that the dual nature of law is the single most essential feature of law. (shrink)

In this article I discuss a number of issues raised by Professor Jules Coleman's recent article "Beyond the Separability Thesis." I suggest, to begin, that Coleman is correct that neither a narrow nor a broad formulation of the separability thesis takes us very far towards a robust distinction between legal positivism and legal non-positivism. I then offer a brief discussion of methodology in jurisprudence, suggesting that Coleman accepts, at least implicitly, what I call a "methodology of necessary features." Since there (...) is reason to think that law possesses some necessary features that are non-normative (or descriptive) and others that are moral in character, the promise of this pluralistic approach is that it will be capable of bridging the gap between so-called "descriptive" and "normative" theories of methodology in jurisprudence. Since the distinction between descriptive and normative methodological theories is sometimes taken to be one way, among others, of drawing a distinction between positivist and non-positivist theories of law, the pluralism of the "methodology of necessary features" gives us yet one more reason to think that the distinction between positivism and non-positivism is not a theoretically fundamental one. Finally, I discuss Coleman's "moral semantics claim," i.e., the idea that "legal content is best understood as moral directives about what is to be done and who is to decide what is to be done." Coleman acknowledges that the moral semantics claim, when taken together with the social facts thesis, raises a well-known problem: How can social facts create content-independent reasons for action? I suggest that we are most likely to find the answer to this question by focusing directly on whether or not law's claimed moral authority—meaning its claimed moral power—can be justified, rather than by focusing indirectly, as many theorists have done, on the existence or non-existence of a general obligation to obey the law. (shrink)

Taking the use of the logos in Ratzinger's Regensburg Lecture as its starting point, the thesis expands three horizons in Ratzinger studies. Firstly, it extends the understanding of Ratzinger as the author of a logos theology. Secondly, it shows how the Regensburg theme of the full breadth of reason, represented by the logos, is applied by Ratzinger in a critique of secular modernity. Thirdly, it claims that the logos theology of Joseph Ratzinger can provide a repair of the culture of (...) human rights. The thesis argues that if human rights are set exclusively within the framework of secular modernity, they fall sick and fail to meet the criterion of inclusivity and universality. Set within the framework of a Ratzingerian logos theology, their power is strengthened and their promise of inclusivity and universality restored. The thesis calls for a mutually reparative dialogue about human rights, based on the full breadth of reason, between the three constituencies of Christianity, the religions and secular modernity. The thesis concludes that the Regensburg Lecture, far from damaging the dialogue with Islam, and with secular modernity, opens up a new intercultural bridge based on a mutually enriching engagement with a logos-based culture of human rights. (shrink)

The nature of critical thinking remains controversial. Some recent accounts have lost sight of its roots in the history of philosophy. This article discusses critical thinking in its historical and social contexts, and in particular, for its educational and political significance. The writings of Plato and Aristotle are still vital in considering what makes certain kinds of thinking and certain kinds of knowledge distinctive. But neither Plato nor Aristotle theorised critical thinking in its specificity, that is, by differentiating it from (...) other kinds of thinking and by outlining its features. It was only with German Idealism, as part of the European Enlightenment, that philosophy achieved a level of self-reflection and engagement that broadened, deepened and made radical the logos of Socrates and Plato. In the encounter between Modern German and Ancient Greek philosophy we can see that there are different kinds of reason, the most politically and existentially significant of which runs through critical thinking, which we can only ever experience as critical dialogue. The logos of dialectical reason is uncompromising in its pursuit of truth and ‘the good life’, and as such, demands courage from those who pursue it. (shrink)

In this paper the authors, starting from the experience described and commented on in earlier work by Mancini and Sbordone, deal with the three main epistemological problems that the research group they participated in had to face:The conflicting and ambiguous relationship between psychoanalysis and social researchThe classical epistemological problem of the relationship between the subject and object of research within the perspective of action researchThe problem arising from their experience, i.e., the risk of manipulation, and the way to deal with (...) it from an epistemic perspectiveThe three problems are dealt with one at a time, but from a common perspective, i.e., the attempt to integrate the richness and variety of human subjectivity in social research. As to the relationship between psychoanalysis and social research, a special section is devoted to the implications of an integrated or convergent methodology on team-working in organisations. (shrink)

This article argues that James Seth provides illuminating contributions to our understanding of law and, more specifically, the natural law tradition. Seth defends a unique perspective through his emphasis on personalism that helps identify a distinctive and compelling account of natural law and legal moralism. The next section surveys standard positions in the natural law tradition. This is followed with an examination of Seth's approach and the article concludes with analysis of its wider importance for scholars of Seth's work as (...) well as legal philosophers more generally. (shrink)

This paper considers the justifiability of criminalising anti-social behaviour through two-step prohibitions such as the Anti-Social Behaviour Order (ASBO). The UK government has recently proposed to abolish and replace the ASBO; however, the proposed new orders would retain many of its most controversial features. The paper begins by criticising the definition of anti-social behaviour employed in both the current legislation and the new proposals. This definition is objectionable because it makes criminalisation contingent upon the irrational judgements of (putative) victims, and (...) its often modest preventive benefits come at a high cost to citizens’ liberty and autonomy. The paper then goes on to propose a new definition of anti-social behaviour that would meet these objections: that is, as a course of conduct that causes others to experience serious and justifiable anxiety about the safety of their local community. Whilst this definition identifies a serious form of wrongdoing, its precise scope is inevitably uncertain. The paper thus concludes that we have good reason to use two-step prohibitions such as the ASBO to regulate such conduct, so as to enable the use of the criminal law against it whilst minimising possible concerns of legality arising from the proposed definition’s uncertain scope. (shrink)