While seeking novel food sources to feed the increasing population of the globe, several alternatives have been discussed, including algae, fungi or in vitro meat. The increasingly propagated usage of farmed insects for human nutrition raises issues regarding food safety, consumer information and animal protection. In line with law, insects like any other animals must not be reared or manipulated in a way that inflicts unnecessary pain, distress or harm on them. Currently, there is a great need for research in (...) the area of insect welfare, especially regarding species-specific needs, health, farming systems and humane methods of killing. Recent results from neurophysiological, neuroanatomical and behavioral sciences prompt caution when denying consciousness and therefore the likelihood of presence of pain and suffering or something closely related to it to insects. From an animal protection point of view, these issues should be satisfyingly solved before propagating and establishing intensive husbandry systems for insects as a new type of mini-livestock factory farming. (shrink)

We are living through an era of increased robotisation. Some authors have already begun to explore the impact of this robotisation on legal rules and practice. In doing so, many highlight potential liability gaps that might arise through robot misbehaviour. Although these gaps are interesting and socially significant, they do not exhaust the possible gaps that might be created by increased robotisation. In this article, I make the case for one of those alternative gaps: the retribution (...) gap. This gap arises from a mismatch between the human desire for retribution and the absence of appropriate subjects of retributive blame. I argue for the potential existence of this gap in an era of increased robotisation; suggest that it is much harder to plug this gap than it is to plug those thus far explored in the literature; and then highlight three important social implications of this gap. (shrink)

Recent events have revived questions about the circumstances that ought to trigger therapists' duty to warn or protect. There is extensive interstate variation in duty to warn or protect statutes enacted and rulings made in the wake of the California Tarasoff ruling. These duties may be codified in legislative statutes, established in common law through court rulings, or remain unspecified. Furthermore, the duty to warn or protect is not only variable between states but also has been dynamic across time. In (...) this article, we review the implications of this variability and dynamism, focusing on three sets of questions: first, what legal and ethics-related challenges do therapists in each of the three broad categories of states (states that mandate therapists to warn or protect, states that permit therapists to breach confidentiality for warnings but have no mandate, and states that give no guidance) face in handling threats of violence? Second, what training do therapists and other professionals involved in handling violent threats receive, and is this training adequate for the task that these professionals are charged with? Third, how have recent court cases changed the scope of the duty? We conclude by pointing to gaps in the empirical and conceptual scholarship surrounding the duty to warn or protect. (shrink)

This article offers a normative analysis of some of the most controversial incidents involving police—what I call police-generated killings. In these cases, bad police tactics create a situation where deadly force becomes necessary, becomes perceived as necessary, or occurs unintentionally. Police deserve blame for such killings because they choose tactics that unnecessarily raise the risk of deadly force, thus violating their obligation to prioritize the protection of life. Since current law in the United States fails to ban many bad tactics, (...) police- generated killings often are treated as “lawful but awful.” To address these killings, some call on changes to departmental policies or voluntary reparations by local governments, yet such measures leave in place a troubling gap between ethics and law. I argue that police-generated killings merit legal sanctions by appealing to a relevant analogy: self-generated self-defense, where the person who engages in self-defense started the trouble. The persistent lack of accountability for police-generated killings threatens life, police legitimacy, and trust in democratic institutions. The article closes by identifying tools in law and policy to address this challenge. (shrink)

This paper defends the heretical view that, at least in some cases, we ought to assign legal liability based on purely statistical evidence. The argument draws on prominent civil law litigation concerning pharmaceutical negligence and asbestos-poisoning. The overall aim is to illustrate moral pitfalls that result from supposing that it is never appropriate to rely on bare statistics when settling a legal dispute.

The advent of Generative AI, particularly through Large Language Models (LLMs) like ChatGPT and its successors, marks a paradigm shift in the AI landscape. Advanced LLMs exhibit multimodality, handling diverse data formats, thereby broadening their application scope. However, the complexity and emergent autonomy of these models introduce challenges in predictability and legal compliance. This paper analyses the legal and regulatory implications of Generative AI and LLMs in the European Union context, focusing on liability, privacy, intellectual property, and cybersecurity. It examines (...) the adequacy of the existing and proposed EU legislation, including the Artificial Intelligence Act (AIA), in addressing the challenges posed by Generative AI in general and LLMs in particular. The paper identifies potential gaps and shortcomings in the EU legislative framework and proposes recommendations to ensure the safe and compliant deployment of generative models. (shrink)

Joseph Raz argues that legal authority includes a claim by the law to replace subjects’ contrary reasons. I reply that this cannot be squared with the existence of choice-of-evils defenses to criminal prosecutions, nor with the view that the law has gaps (which Raz shares). If the function of authority is to get individuals to comply better with reason than they would do if left to their own devices, it would not make sense for law to claim both to (...) pre-empt our contrary reasons and to leave open spaces or catch-all exceptions which we must use our own devices to fill. (shrink)

Since our moral and legal judgments are focused on our decisions and actions, one would expect information about the neural underpinnings of human decision-making and action-production to have a significant bearing on those judgments. However, despite the wealth of empirical data, and the public attention it has attracted in the past few decades, the results of neuroscientific research have had relatively little influence on legal practice. It is here argued that this is due, at least partly, to the discussion on (...) the relationship of the neurosciences and law mixing up a number of separate issues that have different relevance on our moral and legal judgments. The approach here is hierarchical; more and less feasible ways in which neuroscientific data could inform such judgments are separated from each other. The neurosciences and other physical views on human behavior and decision-making do have the potential to have an impact on our legal reasoning. However, this happens in various different ways, and too often appeal to any neural data is assumed to be automatically relevant to shaping our moral and legal judgments. Our physicalist intuitions easily favor neural-level explanations to mental-level ones. But even if you were to subscribe to some reductionist variant of physicalism, it would not follow that all neural data should be automatically relevant to our moral and legal reasoning. However, the neurosciences can give us indirect evidence for reductive physicalism, which can then lead us to challenge the very idea of free will. Such a development can, ultimately, also have repercussions on law and legal practice. (shrink)

Notwithstanding International Economic Law’s (IEL’s) inevitable distributional effects, IEL scholarship has had limited engagement with theoretical work on global distributive justice and fairness. In part this reflects the failure of global justice theorists to derive principles that can be readily applied to the concrete problems of IEL. This article bridges this gap, drawing on existing coercion-based accounts of global justice in political theory to propose a novel account of global distributive justice that both resolves problems within the existing theoretical literature (...) and can be directly applied to both explain and critique concrete issues in IEL, including in particular WTO law. By complementing existing coercion-based accounts with a more nuanced typology of international coercion, it distinguishes two morally salient classes of economically relevant measures: External Trade Measures (ETMs), which pursue their goals specifically through the regulation of international economic activity; and Domestic Economic Measures (DEMs), which do not. The distinctive intentional relationship between ETMs and the outsiders they affect means such measures require more stringent justification, in terms of global equality or other goals those outsiders themselves share; whereas DEMs can be justified under the principle of self-determination. Non-Product Related Production Processes and Methods (NPRPPMs) provide a case study to show how this framework can illuminate recurring problems in IEL. (shrink)

This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws are (...) worldwide phenomena, the international scholarly literature reflects limited awareness of these developments in Canadian law. This article remedies that gap in the literature. The Canadian experience with the definition of sexual consent as communicated “voluntary agreement” demonstrates the value of this conceptualization of consent; the definition provides a well-defined set of nondiscretionary reference points for legal analysis of the facts in sexual assault offenses. The effect is to facilitate effective enforcement of the sexual assault laws and affirm the right to sexual autonomy, sexual self-determination, and equality, consistent with fundamental principles of individual human rights. For all these reasons, familiarity with the Canadian experience may be useful to those engaged with the reform of rape and sexual assault laws in other jurisdictions. (shrink)

India is a party to several international laws which speak of the duty to prosecute, investigate, and punish crimes. In light of India’s commitments to international law, the scope of its criminal laws appears to be failing on several counts. The following are a few general and specific recommendations for penal law reforms in India. These have been framed in light of several international developments, international laws, and relevant Indian laws and judgments. The recommendations concern the following themes: 1. (...) class='Hi'>gaps in criminal law, 2. harmonization of standards 3. liabilities for derogations from fundamental duties (cultural heritage), and 4. a project for decolonization. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

Belief-state ascription — determining what someone “knew,” “believed,” was “aware of,” etc. — is central to many areas of law. In criminal law, the distinction between knowledge and recklessness, and the use of broad jury instructions concerning other belief states, presupposes a common and stable understanding of what those belief-state terms mean. But a wealth of empirical work at the intersection of philosophy and psychology — falling under the banner of “Experimental Epistemology” — reveals how laypeople’s understandings of mens rea (...) concepts differ systematically from what scholars, courts, and perhaps legislators, have assumed. -/- As implemented, mens rea concepts are much more context-dependent and normatively evaluative than the conventional wisdom suggests, even assuming that jurors are following jury instructions to the letter. As a result, there is less difference between knowledge and recklessness than is typically assumed; jurors consistently “over”-ascribe knowledge to criminal defendants; and concepts like “belief,” “awareness,” and “conscious disregard” mean different things in different contexts, resulting in mens rea findings systematically responsive to aspects of the case traditionally considered irrelevant to the meaning of those terms. -/- This Article provides the first systematic account of the factors driving jurors’ ascriptions of the specific belief states criminal law invokes. After surveying mens rea jury instructions, introducing the Experimental Epistemology literature to the legal literature on mens rea, and examining the implications of that literature for criminal law, this Article considers ways to begin bridging the surprisingly large gap between mens rea theory and practice. (shrink)

One of the driving questions in philosophy of mind is whether a person can be understood in purely physical terms. In this presentation, I wish to continue the project initiated by Donald Davidson, whose subtle position on this question has left many more perplexed than enlightened. The main reason for this perplexity is Davidson’s rather obscure pronouncements about the normativity of intentionality and its role in supporting psychophysical anomalism – the claim that there are no laws bridging our intentional states (...) with states of our brain. Insofar as Davidson’s thesis is an ontological one – about the existence of laws or otherwise modally significant connections between the mental and the physical – I think his critics are correct: Davidson has not provided us with a successful argument for psychophysical anomalism. There is, however, a different argument, also based upon considerations about the normativity of intentionality that lead to an equally important conclusion. The conclusion is not ontological but rather epistemic: if thoughts do indeed display normativity, it is hard to understand how they would arise out of mere mechanical occurrences in the brain. To borrow a well-worn phrase, there is an “explanatory gap” between the mental and the physical. Originally coined to capture the epistemic darkness we confront in our attempt to understand phenomenal experiences in purely physical terms, the idea has yet to be explored in the area of contentful mental states or intentionality in general. My argument shall be this: considerations about the normativity of intentionality demonstrate that there is an explanatory gap between the intentional and the physical. In fact, if there were laws of the kind Davidson denies, then the world be more mysterious than if no such laws existed. The presence of an explanatory gap explains why this is so. (shrink)

Some philosophers think that there is a gap between is and ought which necessarily makes normative enquiry a different kind of thing than empirical science. This position gains support from our ability to explicate our inferential practices in a way that makes it impermissible to move from descriptive premises to a normative conclusion. But we can also explicate them in a way that allows such moves. So there is no categorical answer as to whether there is or is not a (...) gap. The question of an is-ought gap is a practical and strategic matter rather than a logical one, and it may properly be answered in different ways for different questions or at different times. (shrink)

The Article addresses itself to immigration law governing the admission and expulsion of aliens, exploring the gap between the "plenary power" doctrine––the notion that Congress and the executive branch have broad and often exclusive authority over immigration decisions––and the actual practice of many federal courts in the immigration field. Federal courts, the author argues, often apply two distinct sets of constitutional norms in immigration cases, one set drawn from immigration law proper and applied directly to constitutional cases, and a second, (...) "phantom norm" set, borrowed from mainstream public law and applied in the interpretation of immigration statutes. The result is an immigration law regime in which the plenary power doctrine has been undermined, but not reversed, through statutory interpretation. The Article explores the reasons for the application of "phantom norms" to immigration statutes and the problems created by that practice, ultimately recommending a direct reassessment of plenary power as a constitutional doctrine. In so doing, the Article serves not only as an examination of the interpretive dynamics peculiar to immigration law but also as an exemplary study of a general problem of legal process––the relationship between statutory interpretation and constitutional law. (shrink)

Although there is an ongoing controversy in philosophy of science about so called ceteris paribus laws that is, roughly, about laws with exceptionsóa fundamental question about those laws has been neglected (ß2). This is due to the fact that this question becomes apparent only if two different readings of ceteris paribus clauses in laws have been separated. The first reading of ceteris paribus clauses, which I will call the epistemic reading, covers applications of laws: predictions, for example, might go wrong (...) because we do not know all the relevant factors which are causally effective in relevant situation. The second reading, which I will call the metaphysical reading, is concerned with the laws themselves and their possible exceptions (ß3). It is this latter readingóand the funda- mental question associated with itówhich has been neglected due to the confusion of the two readings (ß4): if we leave epistemic issues aside is there at all conceptual space left for a notion of laws of nature which allows the laws themselves to have exceptions? I call a law with exceptions in this sense, if such there is, a real ceteris paribus law. To tackle this question, I distinguish grounded laws from non-grounded laws (ß5). A grounded law is, roughly, a law about structured entities where the properties of the parts of that structure figure themselves in laws of nature (ß6). I will claim that, since the substructure of such an entity can be damaged, grounded laws themselves can face exceptions. Hence, they are candidates to be real (metaphysical) ceteris paribus laws in the sense of my central question. I will discuss grounded laws and their exceptions in detail (ß7, ß8, ß9). For reasons of space, the further question whether we can even have a notion of fun- damental (non-grounded) laws that allows for exceptions cannot be discussed here. I will, however, give a positive answer and also outline how I have argued for that claim elsewhere (ß10). (shrink)

This paper combines two ideas: (1) That the Lewisian best system analysis of lawhood (BSA) can cope with laws that have exceptions (cf. Braddon-Mitchell in Noûs 35(2):260–277, 2001; Schrenk in The metaphysics of ceteris paribus laws. Ontos, Frankfurt, 2007). (2) That a BSA can be executed not only on the mosaic of perfectly natural properties but also on any set of special science properties (cf., inter alia, Schrenk 2007, Selected papers contributed to the sections of GAP.6, 6th international congress of (...) the society for analytical philosophy. Mentis, Paderborn/Münster, 2008; Cohen and Callender in Philos Stud 145:1–34, 2009, Erkenntnis 73:427–447, 2010). Bringing together (1) and (2) results in an analysis of special science ceteris paribus laws. (shrink)

This paper explores whether it is possible to reformulate or re-interpret Lewis’s theory of fundamental laws of nature—his “best system analysis”—in such a way that it becomes a useful theory for special science laws. One major step in this enterprise is to make plausible how law candidates within best system competitions can tolerate exceptions—this is crucial because we expect special science laws to be so called “ceteris paribus laws ”. I attempt to show how this is possible and also how (...) we can thereby make the first step towards a solution for the infamous difficulties surrounding the troublesome ceteris paribus clause. The paper outlines the general ideas of the theory but also points out some of its difficulties and background assumptions. (shrink)

Many Kantian scholars have debated what normative guidance the formula of the law of nature provides. There are three ways of understanding the role of FLN in Kant’s ethics. The first line of interpretation claims that FLN and FLU are logically equivalent. The second line claims that there are only subjective differences, meaning that FLN is easier to apply than the abstrct method of FUL. The third line of interpretation claims that there are objective differences between FLN and FUL in (...) the sense that each formula has an irreducible role in Kant’s ethics. In this article I will show that the first and second lines of interpretation cannot fully explain Kant’s account of FLN and I will propose a new interpretation which pertains to the third type. I will explore the schematism model to understand the role of FLN and argue that it is an intermediary principle that fills in a practical gap between the moral law and action. In the end, I will consider a possible objection against this understanding which claims that the schematism model is not applicable to practical judgment since nothing is given in experience. (shrink)

This paper is in part an introduction to Plato's late political philosophy. In the central sections, I look at Plato's Laws and Statesman and ask the question of how law can produce authentic virtue. If law is merely coercive or habituating, but virtue requires rational understanding, there will be a gap between what law can do and what it is supposed to do. I examine the solution to this difficulty proposed in the Laws, the persuasive preludes attached to the laws, (...) and suggest that they produce an inferior, passive mode of rational order that falls short of full virtue. (shrink)

In economics, thought experiments are frequently justified by the difficulty of conducting controlled experiments. They serve several functions, such as establishing causal facts, isolating tendencies, and allowing inferences from models to reality. In this paper, I argue that thought experiments served a further function in economics: facilitating the quantitative definition and measurement of the theoretical concept of utility, thereby bridging the gap between theory and statistical data. I support my argument by a case study, the “hypothetical experiments” of the Norwegian (...) economist Ragnar Frisch (1895-1973). Frisch aimed to eliminate introspection and a subjective concept of utility from economic reasoning. At the same time, he sought behavioral foundations for economic theory that enabled quantitative reasoning. By using thought experiments to justify his set of choice axioms and facilitating the operationalization of utility, Frisch circumvented the problem of observing utility via actual experiments without eliminating the concept of utility from economic theory altogether. As such, these experiments helped Frisch to empirically support the theory’s most important results, such as the laws of demand and supply, without the input of new empirical findings. I suggest that Frisch’s experiments fulfill the main characteristics of thought experiments. (shrink)

The passionate and staunch defence of logic of the controversial thinker Ibn Ḥazm, Abū Muḥammad ʿAlī b. Aḥmad b. Saʿīd of Córdoba (384-456/994-1064), had lasting consequences in the Islamic world. Indeed, his book Facilitating the Understanding of the Rules of Logic and Introduction Thereto, with Common Expressions and Juristic Examples (Kitāb al-Taqrīb li-ḥadd al-manṭiq wa-l-mudkhal ilayhi bi-l-alfāẓ al-ʿāmmiyya wa-l-amthila al-fiqhiyya), composed in 1025-1029, was well known and discussed during and after his time; and it paved the way for the studies (...) of his compatriots Ibn Bājjah (d. 1138), Ibn Ṭufayl (1185), and Ibn Rushd (1198), who each gave demonstrative reasoning a privileged place within the methods of attaining knowledge. Unfortunately, as too often in the history of science, Ibn Ḥazm’s innovative perspectives and contributions in logic have been overlooked or considered with an attitude of contempt. On the one hand, his work has been seen, at best, as promulgating the benefits of studying Aristotle’s logic, so that his contribution is assessed as more didactical than conceptual. And on the other hand, those who do examine his innovations often consider them to be mistaken. As indicated by Chejne (1984, p. 2) contempt towards the logical work of Ibn Ḥazm was also present in its reception by the Eastern philosophers who accused him of deviating from Aristotelian logic and of dabbling in things beyond his capability. However, a reassessment of his work on logic has since begun, by delving into the ways the thinker of Córdoba studied the links between deontic and modal qualification of propositions. In this context Lameer’s (2013) paper on the logical sources of Ibn Ḥazm is worth mentioning; the author (p. 417, footnote 1) observes that, although, strictly speaking, it was al-Fārābī who first drew the parallelism between deontic and modal concepts, it was Ibn Ḥazm who developed it and worked it out in a more precise manner. A primary aim of this paper is to help fill some of these gaps by stressing the role of the work of Ibn Ḥazm in developing a notion of deontic necessity deeply rooted in legal normativity, and in explicitly discussing the transference between deontic and modal concepts. According to our view; the basic units of Islamic deontic logic are what we might call, indulging in terminological anachronism, heteronomous imperatives. As it turns out, the heteronomy of imperatives within Islamic legal systems contrasts with those of the purely moral realm, which seem to be closer to an autonomous conception of moral law. There it concurs again with Leibniz’s proposal to define obligatory as “what is necessary for a good person to do”. In the present paper, we will focus on the heteronomous imperatives of legal systems rather than on the imperatives of the purely moral realm. In this context, the work of Ibn Ḥazm extends the parallelism between the necessity of events and that of human actions stressed by his predecessors. According to our understanding, Ibn Ḥazm’s parallelism can be rendered explicit formally by means of a conditional (or hypothetical) structure shared by both deontic and modal propositions. Moreover, this structure makes apparent that this parallelism displays an underlying system of “degrees”. Indeed, while in the domain of events, given some conditions, it makes sense to distinguish between an event that is more likely to happen than another. Ibn Ḥazm speaks of near and distant possibility (such as the higher degree of likelihood of rain, given the condensation of clouds in December, and its lower degree, when the condensation occurs in summer); and, in the domain of actions, the Islamic notion of weighting actions determines degrees of virtue (or of legal and moral value). So whereas the degree of virtue of performing a forbidden act as determined by the distribution of sanction and reward is 0, we obtain the same value by pondering the likelihood of an impossible event to take place. Furthermore, as discussed in section II.3.2, the system of values at work in the parallelism can be seen as opening the way to a more direct correspondence. Thus, while in the realm of nature, likelihood of occurrence of an event is dependent upon the conditions specific to the occurrence of that event; while, in the realm of jurisprudence, likelihood of performing an action is dependent upon the distribution of reward and sanction specific to that action (being that, given the choice to perform or not perform a given action, those that will be rewarded are more likely to be performed than those that are not). According to this perspective, the point of the parallelism is that both deontic and modal qualifications measure the degree of an action or event to become actual; that is – indulging once more in anachronism (but this time from the Leibnizian background) – the degree measures how feasible (facile) an action or event may be. This suggests that Ibn Ḥazm’s perspectives already herald the links to probability and possibility explored by Leibniz six centuries later – see for example Leibniz’s (1671, A VI, I, p. 424-26) use of probability in the context of conditional right. Nevertheless, it also shows a crucial difference to the approach developed in the Elementa Jura Naturalis: whereas Leibniz’s studies seek to define what is to be just or virtuous, the logical system of deontic imperatives within Islamic jurisprudence presupposes that what is to be virtuous has already been settled. Determining what is to be virtuous is not achieved by logical reasoning within the system of legal jurisprudence, but by delving into the higher objectives of the Sharīʿa. While developing our point, we will delve into the logical structure of the heteronomous imperatives. This distinguishes our contribution from the existing literature, such as the papers of Chejne (1984), Lameer (2014), and Guerrero (1997, 2010, 2014), which do not provide a logical analysis of the deontic concepts put into work by Ibn Ḥazm. The true antecedent to the present paper is the work of Farid Zidani (2007, 2015), who, so far as we know, was the first to undertake such a task. Some of our own developments and general epistemological thoughts go beyond Ibn Ḥazm’s framework and motivations; mainly those contained in sections II.3.2 and IV. However, according to our view, these reflections suggest that Ibn Ḥazm’s approach has the substance for a broader and deeper exploration of the logic of norms. The paper is structured as follows:I.Ibn Ḥazm’s Logic of Heteronomous Imperatives. After presenting some extracts of the relevant text, we proceed by providing a formal reconstruction of the five forms of deontic modalities. II. A Landmark in the History of the Logical Analysis of Norms. Duties and Modalities. In this section, we study the transferences from deontic to modal necessity and possibility. We briefly compare the deontic system of Islamic Jurisprudence with that of Leibniz.III. Leibniz and Hypothetical Imperatives in Law.IV. Beyond Ibn Ḥazm: Conclusions and the Work Ahead. We will conclude the paper by discussing briefly some conceptual points that distinguish the logic of heteronomous imperatives from contemporary deontic logic. Our final words will discuss deontic-modal parallelism in the context of Ibn Ḥazm’s rejection of reasoning by conjecture and what we call “the internalization of nature.”. (shrink)

Chapter 14. Andrea Timár engages with literary representations of the experience of perpetrators of dehumanization. Her chapter focuses on perpetrators of dehumanization who do not violate laws of their society (i.e., they are not criminals) but exemplify what Simona Forti, inspired by Hannah Arendt, calls “the normality of evil.” Through the parallel examples of Dezső Kosztolányi’s Anna Édes (1926) and Doris Lessing’s The Grass is Singing (1950), Timár first explores a possible clash between criminals and perpetrators of dehumanization, showing literature’s (...) exceptional ability to reveal the gap between ethics and law. Second, she examines novels focalized through perpetrators and the difficult narrative empathy they provoke, arguing that only the critical reading of these novels can make one engage with the potential perpetrator in oneself. As case studies, Timár examines Daniel Defoe’s Robinson Crusoe (1719), which may potentially turn its reader into an accomplice in the process of dehumanization, and J.M. Coetzee’s Foe (1986), which puts on critical display the dehumanizing potentials of both aesthetic representation and sympathy as imaginative violence. Third, she reads Jonathan Littell’s The Kindly Ones [Les Bienveillantes, 2006], which can make the reader question, through the polyphony of the voice of its protagonist, the notions of narrative voice and readerly empathy, only to reveal that the difficulty involved in empathizing with perpetrator characters lies not so much in the characters’ being perpetrators, but rather in their being literary characters. Eventually, Timár briefly touches upon the problem of the aesthetic and the comic via Nabokov’s Lolita (1955) to ask whether one can avoid some necessarily dehumanizing aspects of humor. (shrink)

Decentralized autonomous organizations (DAOs) are a new, rapidly-growing class of organizations governed by smart contracts. Here we describe how researchers can contribute to the emerging science of DAOs and other digitally-constituted organizations. From granular privacy primitives to mechanism designs to model laws, we identify high-impact problems in the DAO ecosystem where existing gaps might be tackled through a new data set or by applying tools and ideas from existing research fields such as political science, computer science, economics, law, and (...) organizational science. Our recommendations encompass exciting research questions as well as promising business opportunities. We call on the wider research community to join the global effort to invent the next generation of organizations. (shrink)

This study aimed to identify the extent of the application of Cyber Security at the Ministry of Interior and National Security from the point of view of workers in the computer and information technology units. 70 employees, and the study tool (questionnaire) was distributed, and the comprehensive survey method was used, as (61) questionnaires were retrieved at a rate of (87.1%), and they were unloaded and analyzed using the SPSS statistical package. The study reached several results, including: There was a (...) high degree of agreement on the degree of Cyber Security application, which amounted to (74.8%). With a relative weight of (74.8%), and The Dimension efforts to monitor threats, it received a high degree of approval and a relative weight of (73.4%). Privacy has a high degree of approval with a relative weight of (78.4%).The study presented a set of recommendations, the most important of which are: the need to pay attention to providing the Ministry of Interior and National Security with a budget in order to activate and improve the Cyber Security system, and the need for the Ministry of Interior and National Security to use a protection network capable of detecting all threats, and the cooperation of the Ministry of Interior and National Security with external institutions to limit penetration of network systems, In addition to the need to continuously strengthen and develop the laws and legislations of the Ministry of Interior in line with the development of Cyber Security, and to enhance the capabilities of the public beneficiaries of the ministry's electronic services to reduce security gaps in the field of Cyber Security. (shrink)

Purpose ‐ The purpose of this paper is to explore the "resource curse" problem as a counter-example of creative performance and innovation by examining reliance on capital and physical resources, showing the gap between expectations and ex-post actual performance that became clearer under conditions of economic turmoil. Design/methodology/approach ‐ The analysis uses logistic regressions with dichotomous response and predictor variables on structured tables of count data, representing firm performance as an outcome of capital resources, physical resources and innovation where appropriate. (...) Findings ‐ Key findings relevant to economic and business practice follow. First, a typical characteristic of successful Vietnamese firms in the transition period is their reliance on either capital resources or physical asset endowments. Second, poor performers exhibit evidence of over-reliance on both capital and physical assets. Third, firms that relied on both types of resources tended to downplay creative performance. Some evidence suggests that firms face more acute problem caused by the law of diminishing returns in troubled times. Fourth, the "innovation factor" has not been tapped as a source of economic growth. Research limitations/implications ‐ This study has some limitations. The size of the survey sample is approximately 150 firms, while the potential sample of > 300 should be possible in the future. When the size increases, the research could be expanded to include further variables that will help investigate more deeply into the related issues and business implications. With regard to the implications of the study, the absence of innovations has made the notion of "resource curse" identical to "destructive creation" implemented by ex-ante resource-rich firms, and worsened the problem of resource misallocation in transition turmoil. The Vietnamese corporate sector's addiction to resources may contribute to economic deterioration, through a downward spiral of lower efficiency leading to consumption of more resources. Practical implications ‐ Insights obtained from this study could save transition economies' resources which have almost always been considered sine qua non before any critical major policymaking, while this is not necessarily true, and in many cases, even counterproductive. Originality/value ‐ Original data set on Vietnam stock market are collected, processed, prepared and used by the authors. Original design by the authors for regression equations with dichotomous predictor variables: dependence on endowed physical assets, reliance on capital resources and significant signs of creative performance/innovations. Original idea of viewing "resource curse" as absence of innovation and due to uncreative "destructive creation" of poor-performing commercial operations by resource-rich firms is used in the paper. We have searched the literature in business research and found that the empirical results have not been previously reported. (shrink)

Within the Thomistic moral tradition, the is-ought gap is regularly treated as identical to the fact-value gap, and these two dichotomies are also regularly treated as being identical to Aristotle and Aquinas’s distinction between the practical and speculative intellect. The question whether (and if so, how) practical (‘ought’) knowledge derives from speculative (‘is’) knowledge has driven some of the fiercest disputes among the schools of Thomistic natural lawyers. I intend to show that both of these identifications are wrong and the (...) debate has been misframed. The is-ought gap is not the fact-value gap, nor does the is-ought gap correspond to Aquinas’s distinction between the speculative and practical. This opens the possibility of a resolution--within the Thomistic school--to a debate that has, heretofore, proven particularly resistant of consensus. I close by offering a tentative account of precisely how synderesis gives us our first awareness of moral law from a prior speculative understanding. (shrink)

Contemporary debates on divine action tend to focus on finding a space in nature where there would be no natural causes, where nature offers indeterminacy, openness, and potentiality, to place God’s action. These places are found through the natural sciences, in particular quantum mechanics. God’s action is then located in those ontological ”causal-gaps’ offered by certain interpretations of quantum mechanics. In this view, God would determine what is left underdetermined in nature without disrupting the laws of nature. These contemporary (...) proposals evidence at least two unexamined assumptions, which frame the discussion in such a way that they portray God as acting as a secondary cause or a ”cause among causes’. God is somewhat required to act within these ”gaps’, binding God to the laws of nature, and placing God’s action at the level of secondary causes. I suggest that understanding God’s action, following Thomas Aquinas, in terms of primary and secondary causation could help dissolve this difficulty. Aquinas moves away from this objection by suggesting to speak of an analogical notion of cause, allowing for an analogical understanding of God’s causality in nature. With a radically different understanding of the interplay between secondary causes and God, Aquinas manages to avoid conceiving God as a cause among causes, keeping the distinctive transcendent character of God’s causality safe from objections. (shrink)

An increasing number of European research projects return, or plan to return, individual genomic research results (IRR) to participants. While data access is a data subject’s right under the General Data Protection Regulation (GDPR), and many legal and ethical guidelines allow or require participants to receive personal data generated in research, the practice of returning results is not straightforward and raises several practical and ethical issues. Existing guidelines focusing on return of IRR are mostly project-specific, only discuss which results to (...) return, or were developed outside Europe. To address this gap, we analysed existing normative documents identified online using inductive content analysis. We used this analysis to develop a checklist of steps to assist European researchers considering whether to return IRR to participants. We then sought feedback on the checklist from an interdisciplinary panel of European experts (clinicians, clinical researchers, population-based researchers, biobank managers, ethicists, lawyers and policy makers) to refine the checklist. The checklist outlines seven major components researchers should consider when determining whether, and how, to return results to adult research participants: 1) Decide which results to return; 2) Develop a plan for return of results; 3) Obtain participant informed consent; 4) Collect and analyse data; 5) Confirm results; 6) Disclose research results; 7) Follow-up and monitor. Our checklist provides a clear outline of the steps European researchers can follow to develop ethical and sustainable result return pathways within their own research projects. Further legal analysis is required to ensure this checklist complies with relevant domestic laws. (shrink)

This article’s conclusion is that the theories of Einstein are generally correct and will still be relevant in the next century (there will be modifications necessary for development of quantum gravity). Those Einsteinian theories are Special Relativity, General Relativity, and the title of a paper he published in 1919 which asked if gravitation plays a role in the composition of elementary particles of matter. This paper was the bridge between General Relativity and the Unified Field Theory he sought during the (...) last 25 years of his life. In an article published in the "Annals of Physics" in 1957, Charles Misner and John Wheeler claimed that Einstein's latest equations demonstrated the unified field theory. But Einstein himself felt he had not fully succeeded. The present article begins with Olbers’ paradox (why is the sky dark at night?) Then it briefly proceeds to the subjects of Newtonian gravity, quantum entanglement, gravitational waves, E=mc^2, dark energy, dark matter, cosmic expansion, redshift, blueshift, the cosmic microwave background, the 1st Law of Thermodynamics, and explanation of advanced waves travelling back in time. The section “vector-tensor-scalar geometry” touches on mass, quantum spin, the Higgs boson and Higgs field, stellar jets, the pervasiveness of photons and gravitons, and supersymmetry. Then come half a dozen paragraphs referring to formation of planets, black holes, and bosons of the weak and strong nuclear forces. They end with Descartes’ space-matter relation. Also added are paragraphs about simply-connected mathematics, non-orientability, consciousness, the Law of Falling Bodies, the multiverse, space-time travel developed from maths’ Brouwer Fixed Point Theorem and from an experiment in electrical engineering performed at Yale University, development from future space-time travel of human flight in the manner of fiction’s Superman and Supergirl, as well as downloaded band-gap implants in the brain that could deal with forms of matter. They could add or delete anything and everything we choose by emulating computers’ copy/paste function to add things; as well as their delete function, to remove things. To complete my seemingly unusual ideas, 6 sections are added – 1) “Advanced and Retarded Waves” is extended to include dinosaurs, ageing, and photography, 2) there’s a bit about space-time warping and “imaginary” computers, 3) several paragraphs about restoring health (even gaining immortality) by using gravity, 4) a section about superconductivity and the electric or magnetic fields of planets (this section mentions Mercury, Planet 9 and precession), 5) a section titled EXPLAINING OCEAN TIDES WHEN GENERAL RELATIVITY SAYS GRAVITY IS A PUSH CAUSED BY THE CURVATURE OF SPACE-TIME (this has subsections about M-Sigma, Geysers on Saturn’s Moon Enceladus, and A Brief History of Gravity), plus 5) the potential of COVID-19 to create the Golden Rule, world peace, eternal life, and a non-economic world that doesn’t use any form of money (no cash, credit cards, digital currency, etc.) The final section is called DISTANT-FUTURE SCIENCE INTERPRETED BY RELIGIONS AS SUPERNATURAL and introduces an idea for becoming immortal in these physical bodies. If the Theory of Everything sought by physicists applies to all space-time, then every person’s brain must be entangled with the 22nd century (and far beyond that time too). (shrink)

John Locke (1632 – 1704) is one of the thinkers of Enlightenment philosophy. His moral views are a reflection of the natural understanding of religion formed by the Enlightenment philosophy. The purpose of natural religion is to build a religion that is separate from the traditional view and historical religious understanding. Advocates of this view necessarily base the existence of God and adopt a deist view. Locke advocated a similar idea, and because he was an empiricist thinker, he wanted to (...) base his understanding of morality and God, which he emphasized in nature. He thinks there is a law in nature. This law of nature can be discovered with the light of nature, man can live ethically by reaching this law and reach the existence of God. But Locke cannot explain and obscure what he means here with the light of nature in his Essays on the Law of Nature. This natural light is sometimes an innate ability, sometimes mind, and sometimes sensory data. Sometimes he thinks of these three as complementary elements. After all, the combination of these three is known as the law of nature, and people have to comply with the moral principles that are necessarily caused by the knowledge of the law of nature. In this sense, Locke, who also restricts human liberty, reaches a deterministic understanding of morality, human and existence depending on nature. Emile Boutroux (d. 1921) criticized this determinist view. (shrink)

This paper explores the possibility of a standard legal language (e.g. English) for a principled evolution of law in line with technological development. In doing so, reference is made to blockchain networks and smart contracts to emphasise the discontinuity with the liberal legal tradition when it comes to decentralisation and binary code language. Methodologically, the argument is built on the underlying relation between law, semiotics and new forms of media adding to natural language; namely: code and symbols. In what follows, (...) I will concentrate on the study of factors that explain why such approach can be fruitful for the future of law and innovation. I have three reasons for selecting this topic. The first is a more pragmatic reason, based on my current research of law as a linguistic phenomenon. Secondly, the topic does also touch the matter on binary code language, rivalrous to legal alphabetic language. Lastly, the study aims at emphasizing the pivotal role of the jurist as an interpreter in a changing society accommodating diverging realms of reality. The study is structured as follows. Firstly, a quick exam of the traits of blockchain networks would provide the contextual link to establish the arguments in support of the need of a standard legal language. Secondly, a comparison between liberal legal institutions and theory of semiotics is set to perceive their functioning and ascertain their limits in the light of todays unprecedented changes. Thirdly, a summary on blockchain networks’ legal features would constitute the thrust behind the idea of a uniform legal language. Methodologically, the argument does also establish some relations with classical laws of physics and philosophy of media. Its aim is to demonstrate how the suggested legal interpretation and semiotic-based approach can contribute to overcome existing stumbling blocks including, but not limited to, the lack of cooperation at the international level as well as the gap in State norms when it comes to innovation. In this sense, the proposed strategies do not intend to replace current advances in the legal thought. In contrast, it seeks to harmonise their results providing a methodical approach that can concur to inform a new technique to address new controversial issues. In practice, the proposed method regarding the adoption of a uniform legal language would lower transactive costs in terms of normative coordination in the matter of international cooperation and in the definition of applicable law among different legal systems. Alternatively, it might contribute to the convergence of legal systems and/or their underlying concepts. Differently put, article’s contribution can be envisaged in fostering juridical consistency with regards to different forms of languages’ coexistence. (shrink)

This Special Issue is an outcome of the lectures and discussions on ‘Cross-cutting Themes and Concepts in Human Rights’, offered as a Seminar Course to the students of the MA Programme, School of International Studies, Jawaharlal Nehru University. As part of the Course, a Webinar on ‘Rethinking Rights and Justice for Non-Humans’ was held in 2022, in which the participants advanced some of the most compelling arguments for the meaningful representation of non-human entities in law and governance. In the three (...) sessions of the webinar, the participants explored the terrain of relevant concepts, emerging norms, and moral justifications that underline the case of non-human entities: (i) The Limits of Animal Rights: Exploring the Case for Multispecies Justice, (ii) Humanist Dimensions of Machines, and (iii) Representing Nature: Rights, Crimes, and Diplomacy. Scholarly literature on the subject matter sheds light on the gaps in existing legal frameworks concerning the responsibilities of human beings towards non-human life forms. There is evidence of a growing universal consciousness embedded in the worth and sacredness of non-human life forms. A series of developments in the fields of technology, philosophy, and other disciplines have moved non-human entities to the forefront of legal reforms, domestic and international. (shrink)

Spontaneous collapse theories of quantum mechanics turn the usual Schrödinger equation into a stochastic dynamical law. In particular, in this paper, I will focus on the GRW theory. Two philosophical issues that can be raised about GRW concern (i) the ontology of the theory, in particular the nature of the wave function and its role within the theory, and (ii) the interpretation of the objective probabilities involved in the dynamics of the theory. During the last years, it has been claimed (...) that we can take advantage of dispositional properties in order to develop an ontology for GRW theory, and also in order to ground the objective probabilities which are postulated by it. However, in this paper, I will argue that the dispositional interpretations which have been discussed in the literature so far are either flawed or – at best – incomplete. If we want to endorse a dispositional interpretation of GRW theory we thus need an extended account that specifies the precise nature of those properties and which makes also clear how they can correctly ground all the probabilities postulated by the theory. Thus, after having introduced several different kinds of probabilistic dispositions, I will try to fill the gap in the literature by proposing a novel and complete dispositional account of GRW, based on what I call spontaneous weighted multi-track propensities. I claim that such an account can satisfy both of our desiderata. (shrink)

The overarching goal of this book is to differentiate and provide a highly detailed descriptive account of a specific class of arguments. To simplify, let us consider the following example: suppose one aims to persuade that “Julius Caesar was a criminal.” To support that claim various arguments may be formulated, such as: a) Joseph Stalin murdered his political opponents who openly opposed him, thus he was a criminal. Julius Caesar did the same. Therefore, if Stalin was a criminal, then Caesar (...) was also a criminal. b) Most historians studying the history of the Roman Empire consider Julius Caesar to be a criminal, so he was one. c) The majority of people believe Julius Caesar was a criminal, so he was one. d) Anyone who murders or orders the killing of others is a criminal—regardless of whether it’s in defense of the country or to maintain power. Julius Caesar issued orders resulting in thousands of deaths, so he was a criminal. Argumentation theory distinguishes and extensively describes different types of arguments, each with its own definition, argumentation scheme, subtypes, and criteria for evaluation. We may, therefore, identify that: example (a) employs the argument from analogy, (b) is an argument from authority (ad auctoritate), and (c) is an argument from popular opinion (ad populum). What about (d)? Is there a theory for such arguments? Argument in the example (d) establishes the meaning of “criminal” by extending it to those who lead troops into battle or kill in self-defense, and in this way, Caesar can also be included in the extension of a “criminal” (regardless of whether he committed genocide or simply won battles). Although there are many concepts in argumentation theory and informal logic that explain various aspect of such arguments (e.g., persuasive definitions and persuasive quasi-definitions, attributions, classification arguments, etc.) there is no theory for such arguments—or rather—there was no until now. This book is aimed to provide a concept, classification, and assessment criteria for arguments which fix the meaning to support persuasion—namely, semantic arguments. Semantic arguments manifest themselves as a common and very powerful means of persuasion in various areas of human activity, including political discourse, advertising, science, law, and philosophy. This can be illustrated through an analysis of some examples: e.g., the redefinition of “planet” proposed in 2008 to exclude Pluto from the scope of this concept, the redefinition of the term “wetland” put forward by G.W. Bush in 1988, modifications of the definition of “human being” in disputes about abortion, or the definition of “vehicle” in cases of accidents involving electric scooters. The book’s goal is to provide a model of semantic argument—differentiating arguments that fix meaning for persuasive purposes, providing definition and scheme, constructing a comprehensive classification, and developing assessment criteria. This broader aim also fills a gap in argumentation theory regarding our understanding of semantic arguments and their actual and potential applications. (shrink)

It is widely agreed that fiction is necessarily incomplete, but some recent work postulates the existence of universal fictions—stories according to which everything is true. Building such a story is supposedly straightforward: authors can either assert that everything is true in their story, define a complement function that does the assertoric work for them, or, most compellingly, write a story combining a contradiction with the principle of explosion. The case for universal fictions thus turns on the intuitive priority we assign (...) to the law of non-contradiction. My goal in this paper is to show that our critical and reflective literary practices set constraints on story-telling which preclude universal fictions. I will raise four stumbling blocks for universal fictionalists: the gap between saying and making true, our actual interpretive reactions to story-level contradictions, the criteria we accept for what counts as a story in our literary practices, and the undesirability of the universal fictionalist’s closure principles. (shrink)

A close look at Frege's proof in "Foundations of Arithmetic" that every number has a successor. The examination reveals a surprising gap in the proof, one that Frege would later fill in "Basic Laws of Arithmetic".

The neurosciences not only challenge assumptions about the mind’s place in the natural world but also urge us to reconsider its role in the normative world. Based on mind-brain dualism, the law affords only one-sided protection: it systematically protects bodies and brains, but only fragmentarily minds and mental states. The fundamental question, in what ways people may legitimately change mental states of others, is largely unexplored in legal thinking. With novel technologies to both intervene into minds and detect mental activity, (...) the law should, we suggest, introduce stand alone protection for the inner sphere of persons. We shall address some metaphysical questions concerning physical and mental harm and demonstrate gaps in current doctrines, especially in regard to manipulative interferences with decision-making processes. We then outline some reasons for the law to recognize a human right to mental liberty and propose elements of a novel criminal offence proscribing severe interventions into other minds. (shrink)

The EDPS Ethics Advisory Group (EAG) has carried out its work against the backdrop of two significant social-political moments: a growing interest in ethical issues, both in the public and in the private spheres and the imminent entry into force of the General Data Protection Regulation (GDPR) in May 2018. For some, this may nourish a perception that the work of the EAG represents a challenge to data protection professionals, particularly to lawyers in the field, as well as to companies (...) struggling to adapt their processes and routines to the requirements of the GDPR. What is the purpose of a report on digital ethics, if the GDPR already provides all regulatory requirements to protect European citizens with regard to the processing of their personal data? Does the existence of this EAG mean that a new normative ethics of data protection will be expected to fill regulatory gaps in data protection law with more flexible, and thus less easily enforceable ethical rules? Does the work of the EAG signal a weakening of the foundation of legal doctrine, such as the rule of law, the theory of justice, or the fundamental values supporting human rights, and a strengthening of a more cultural approach to data protection? Not at all. The reflections of the EAG contained in this report are not intended as the continuation of policy by other means. It neither supersedes nor supplements the law or the work of legal practitioners. Its aims and means are different. On the one hand, the report seeks to map and analyse current and future paradigm shifts which are characterised by a general shift from analogue experience of human life to a digital one. On the other hand, and in light of this shift, it seeks to re-evaluate our understanding of the fundamental values most crucial to the well-being of people, those taken for granted in a data-driven society and those most at risk. The objective of this report is thus not to generate definitive answers, nor to articulate new norms for present and future digital societies but to identify and describe the most crucial questions for the urgent conversation to come. This requires a conversation between legislators and data protection experts, but also society at large - because the issues identified in this report concern us all, not only as citizens but also as individuals. They concern us in our daily lives, whether at home or at work and there isn’t a place we could travel to where they would cease to concern us as members of the human species. (shrink)

The article is a reply to three reviews of my book Willensfreiheit (Berlin/New York 2007) which were published in a previous issue of this journal. In the book, I develop a libertarian account of free will that invokes neither uncaused events nor mind-body dualism nor agent causality. Against Bettina Walde’s criticism, I argue that a well-balanced libertarianism can evade the luck objection and that it should not be portrayed as positing tiny causal gaps in an otherwise deterministic world. Against (...) Marcus Willaschek’s Moorean compatibilism, I argue that our ordinary notion of agency commits us to genuine two-way abilities, i. e. to abilities to do otherwise given the same past and laws of nature. Against Christoph Jäger’s defence of van Inwagen’s consequence argument, I insist that this argument for incompati-bilism is seriously flawed and that libertarians are well-advised not to base their position upon it. (shrink)

In October 2016, the White House, the European Parliament, and the UK House of Commons each issued a report outlining their visions on how to prepare society for the widespread use of artificial intelligence. In this article, we provide a comparative assessment of these three reports in order to facilitate the design of policies favourable to the development of a ‘good AI society’. To do so, we examine how each report addresses the following three topics: the development of a ‘good (...) AI society’; the role and responsibility of the government, the private sector, and the research community in pursuing such a development; and where the recommendations to support such a development may be in need of improvement. Our analysis concludes that the reports address adequately various ethical, social, and economic topics, but come short of providing an overarching political vision and long-term strategy for the development of a ‘good AI society’. In order to contribute to fill this gap, in the conclusion we suggest a two-pronged approach. (shrink)

Human rights and restorative justice are rarely brought under the same spotlight despite their normative similarities. In fact, this gap becomes even more apparent when put in the context of policy and practice internationally. Firstly, there is a developing gap between public perception and evidence-based depiction of crime. Secondly, scholarly debates are rarely reflected in criminal justice policy and legislation. This failure has an impact on recidivism, the spiralling costs of penal interventions, but most importantly on how we view our (...) interpersonal and inter-communal relationships. -/- This unique collection of papers brings together international leading experts in human rights and restorative justice to address a gap in the literature. From reconstructing and restorative human rights for restorative justice to addressing issues such as the standardisation of restorative justice, this edited volume is a must read for researchers, practitioners and campaigners. (shrink)

In formal epistemology, we use mathematical methods to explore the questions of epistemology and rational choice. What can we know? What should we believe and how strongly? How should we act based on our beliefs and values? We begin by modelling phenomena like knowledge, belief, and desire using mathematical machinery, just as a biologist might model the fluctuations of a pair of competing populations, or a physicist might model the turbulence of a fluid passing through a small aperture. Then, we (...) explore, discover, and justify the laws governing those phenomena, using the precision that mathematical machinery affords. For example, we might represent a person by the strengths of their beliefs, and we might measure these using real numbers, which we call credences. Having done this, we might ask what the norms are that govern that person when we represent them in that way. How should those credences hang together? How should the credences change in response to evidence? And how should those credences guide the person’s actions? This is the approach of the first six chapters of this handbook. In the second half, we consider different representations—the set of propositions a person believes; their ranking of propositions by their plausibility. And in each case we ask again what the norms are that govern a person so represented. Or, we might represent them as having both credences and full beliefs, and then ask how those two representations should interact with one another. This handbook is incomplete, as such ventures often are. Formal epistemology is a much wider topic than we present here. One omission, for instance, is social epistemology, where we consider not only individual believers but also the epistemic aspects of their place in a social world. Michael Caie’s entry on doxastic logic touches on one part of this topic, but there is much more. Relatedly, there is no entry on epistemic logic, nor any on knowledge more generally. There are still more gaps. These omissions should not be taken as ideological choices. This material is missing, not because it is any less valuable or interesting, but because we v failed to secure it in time. Rather than delay publication further, we chose to go ahead with what is already a substantial collection. We anticipate a further volume in the future that will cover more ground. Why an open access handbook on this topic? A number of reasons. The topics covered here are large and complex and need the space allowed by the sort of 50 page treatment that many of the authors give. We also wanted to show that, using free and open software, one can overcome a major hurdle facing open access publishing, even on topics with complex typesetting needs. With the right software, one can produce attractive, clear publications at reasonably low cost. Indeed this handbook was created on a budget of exactly £0 (≈ $0). Our thanks to PhilPapers for serving as publisher, and to the authors: we are enormously grateful for the effort they put into their entries. (shrink)

Until recently there has been no general theory concerning the impact of legal processes upon participant wellbeing and its implications for attaining justice system objectives. This gap has been filled by therapeutic jurisprudence. Its essential premise is that the law does have therapeutic or anti-therapeutic consequences. This paper uses existing research to explore how the tools of the behavioral sciences, e.g. psychology, can be used to study the therapeutic and anti-therapeutic impact of the law, and that we can think creatively (...) about improving the law’s healing potential without violating other important values. By claiming that justice is therapy, the therapeutic jurisprudence perspective reaches beyond how to design and operate a court into a larger question of how law clients should be treated by the justice system. (shrink)

In information societies, operations, decisions and choices previously left to humans are increasingly delegated to algorithms, which may advise, if not decide, about how data should be interpreted and what actions should be taken as a result. More and more often, algorithms mediate social processes, business transactions, governmental decisions, and how we perceive, understand, and interact among ourselves and with the environment. Gaps between the design and operation of algorithms and our understanding of their ethical implications can have severe (...) consequences affecting individuals as well as groups and whole societies. This paper makes three contributions to clarify the ethical importance of algorithmic mediation. It provides a prescriptive map to organise the debate. It reviews the current discussion of ethical aspects of algorithms. And it assesses the available literature in order to identify areas requiring further work to develop the ethics of algorithms. (shrink)

The jurisprudence under international human rights treaties has had a considerable impact across countries. Known for addressing complex agendas, the work of expert bodies under the treaties has been credited and relied upon for filling the gaps in the realization of several objectives, including the peace and security agenda. -/- In 1982, the Human Rights Committee (ICCPR), in a General Comment observed that “states have the supreme duty to prevent wars, acts of genocide and other acts of mass violence (...) ... Every effort … to avert the danger of war, especially thermonuclear war, and to strengthen international peace and security would constitute the most important condition and guarantee for the safeguarding of the right to life.” Over the years, all treaty bodies have contributed in this direction, endorsing peace and security so as “to protect people against direct and structural violence … as systemic problems and not merely as isolated incidents …”. A closer look at the jurisprudence on peace and security, emanating from treaty monitoring mechanisms including state periodic reports, interpretive statements, the individual communications procedure, and others, reveals its distinctive nature. (shrink)

In the United States, Protestant Christian identity is the dominant religious identity. Protestant Christian identity confers status privileges, yet also creates objectionable status inequalities. Historical and contemporary evidence includes the unfair treatment of Mormons, Native Americans, Muslims, and other religious minorities. Protestant Christian supremacy also plays a significant role in bolstering anti LGBTQ prejudice, xenophobia, and white supremacy. Ways that Protestant Christian identity correlates with objectionable status inequalities are often neglected in contemporary political philosophy. This paper aims to make a (...) modest contribution towards filling that gap. Some forms of inequality linked to Protestant Christian supremacy can be characterized as domination and oppression. Other instances include barriers to fair equality of opportunity for self-determination. Adapting ideas from egalitarian political philosophy I propose an analysis of objectionable status inequality rooted in Protestant Christian supremacy. Alan Patten’s defense of an egalitarian principle for assessing the effects of law and policy is helpful for this task. (shrink)

Wars are large-scale conflicts between organized groups of belligerents, which involve suffering, devastation, and brutality unlike almost anything else in human experience. Whatever one’s other beliefs about morality, all should agree that the horrors of war are all but unconscionable, and that warfare can be justified only if we have some compel- ling account of what is worth fighting for, which can justify contributing, as individu- als and as groups, to this calamitous endeavour. Although this question should obviously be central (...) to both philosophical and politi- cal discussion about war, it is at the forefront of neither. In recent years, philosophical discussion of warfare has bloomed, but the debate has focused on whom we may kill, on the assumption that our aims are justified.1 Political debate, meanwhile, is more concerned with matters of prudence, international law, and public justification, than with reassessing what is worth fighting for. For wars of intervention to halt or prevent massive humanitarian crises, this gap is not so troubling. When warfare is the only means to prevent the mass killing or enslavement of the innocent, the purposes of military force are clear enough (though undoubtedly many other problems remain). The problem is more pressing, how- ever, for the justification of national defence.3 Although common-sense morality and international law view national defence as the paradigm case of justified warfare, grounding this consensus is surprisingly difficult.4 We typically believe that any state is justified in using lethal force to protect its territory against any form of uninvited military incursion by any other state. And yet we lack a good argument to explain why this should be so. In this chapter, I explain why one familiar and otherwise plausible approach to the justification of killing in war cannot adequately ground common-sense views of permissible national defence.5 Reductionists believe that justified warfare reduces to an aggregation of acts that are justified under ordinary principles of interpersonal morality.6 The standard form of reductionism focuses on the principles governing killing in ordinary life, specifically those that justify intentional killing in self- and other-defence, and unintended but foreseen (for short, collateral) killing as a lesser evil. Justified warfare, on this view, is no more than the coextension of multiple acts justified under these two principles. Reductionism is the default philosophical approach to thinking through the ethics of killing in war. It makes perfect sense to ask what principles govern permissible kill- ing in general, before applying them to the particular context of war. If it cannot deliver a plausible set of conclusions about when national defence is permitted, then we must either revise our beliefs about which conclusions count as plausible, or else face the significant challenge of developing a different theoretical model for justifying war- fare—an exceptionalist model, which views war as an exception to the regular moral landscape, to which principles apply which apply to nothing else but war.7 We must show, in other words, that there is something worth fighting for in wars of national defence, which is not engaged when we use force in any other context. The chapter proceeds as follows. Section 2.2 sets out the argument against reduc- tionism.8 Section 2.3 considers and rebuts one common response to the argument, which has often been thought sufficient grounds to disregard its conclusion. Section 2.4 then asks whether a modified reductionism would survive unscathed by the argu- ment. Finally, section 2.5 sets out some desiderata on a plausible exceptionalist alterna- tive. Section 2.6 concludes. (shrink)

Complicity marks out a way that one person can be liable to sanctions for the wrongful conduct of another. After describing the concept and role of complicity in the law, I argue that much of the motivation for presenting complicity as a separate basis of criminal liability is misplaced; paradigmatic cases of complicity can be assimilated into standard causation-based accounts of criminal liability. But unlike others who make this sort of claim I argue that there is still room for genuine (...) complicity in the law and in morality. In defending this claim, I sketch an approach to complicity which grounds our liability for what others do not in our causal relation to their actions but in our “agency-relations” with others. In such cases, one agent can be liable for the wrongs of second agent to the extent that first authorizes the second to act at her behest. This approach fills the gap where standard causation-based accounts of complicity fail – especially in where several agents cooperatively contribute to an overdetermined harm. (shrink)