This capstone project aimed to enhance the operational efficiency of school transactions at Mary Perpetua E. Brioso National High School (MPEBNHS) in response to challenges posed by the COVID-19 pandemic. This goal was achieved by developing and implementing the Mobile-Based Selected School Services Application, "iSkulSerb." The development of iSkulSerb followed the systematic approach of Borg and Gall's (1983) Research and Development (R&D) methodology for creating and validating educational products. To ensure the validity and reliability of the application, it underwent rigorous (...) examination by both IT and education experts. Additionally, survey questionnaires were administered during the project's implementation to assess the impact of iSkulSerb's features on school stakeholders. The research findings highlighted positive perceptions and outcomes related to iSkulSerb. Stakeholders demonstrated a favorable acceptance of the application, as evidenced by an overall weighted mean of 4.34. The accessibility of school services saw a substantial improvement, reflected in the weighted mean of 4.37. User-friendliness also received positive feedback, with an overall weighted mean of 4.27. These findings suggest that iSkulSerb effectively addresses the challenges faced by the school, contributing to enhanced operational efficiency and improved stakeholder experiences. Given the demonstrated reliability and efficacy of iSkulSerb, there is a compelling case for its widespread adoption across other public schools within the Schools Division of Masbate Province. The positive reception and success metrics indicate that iSkulSerb can serve as a benchmark for other regional schools. (shrink)

This study aimed to assess the effectiveness of remedial instruction in improving the numeracy skills of Grade 7 students at Malbug National High School during the school year 2023-2024. Adopting a quasi-experimental research design, the research focused on Grade 7 students at Malbug National High School, Cawayan East District, Masbate Province Division, Philippines, identified as non-numerates, employing pre-tests and post-tests as essential research tools. The independent variable was the remedial instruction in numeracy, while the dependent variable was students' numeracy performance (...) measured through pre-tests and post-tests. Before the intervention, the pre-test numeracy performance exhibited a varied distribution of students across different score ranges. A majority fell into the "Needs Major Support" category, emphasizing the necessity for targeted interventions. The post-test results, however, revealed a remarkable improvement, with 87.88% of initially non-numerate students achieving scores in the "Transforming" range. A thorough statistical examination validated a notable disparity in the scores obtained before and after the instructional intervention, substantiating the favorable influence of remedial instruction. The calculated t-value of 19.594, exceeding the critical t-value, led to rejecting the null hypothesis. In conclusion, the study emphasizes the need for tailored interventions based on the initial deficiency in numeracy skills. The post-test results underscored the success of remedial instruction in fostering substantial growth. The study recommends sustaining the remedial program, implementing periodic assessments, providing teacher training, involving parents in students' development, allocating adequate resources, and further research in other schools to strengthen findings. (shrink)

During the early modern age, the teaching of philosophy pivots on the systematic manual which replaces the traditional ‘commentarium’ also in the schools run by the religious orders of the Catholic Church. When confronted with the rise and diffusion of the new philosophy and of the new science, the authors of philosophical manuals basically follow three different directions: beside the defenders of the Aristotelian-Scholastic tradition and the enthusiastic innovators, there emerges a third conspicuous orientation, which tries to take a middle (...) course and draws inspiration from the ‘philosophia eclectica’ understood as a path independent of the various philosophical schools. At the same time, the historic-philosophical perspective starts to be introduced into the systematic manual of philosophy, to the extent that it becomes an autonomous treatment with respect to the manual itself. (shrink)

Bakla signals “effeminacy” and “homosexuality,” which stigma signifies being “weak,” “fake woman,” and “unreal man.” This historical research interrogates the etymology of bakla, which etymology claims that bakla only became a label for gay identity since the 1960s. A newfound evidence, the Bienvenido N. Santos’ “Recollections” (1932), challenges this etymology; as the document used bakla to signify “effeminate” decades before the 1960s. -/- Mobilizing this newfound evidence alongside theoretical, historiographic, and archival data, this thesis asks: (1) How can the 1932 (...) “Recollections” help explain the crystallization of bakla into a label for “effeminate homosexual male” identity since the 1960s? (2) What can socio-historical processes further reveal about the etymology of bakla, and why the word bears so much stigma? (3) How did “effeminacy” and male “homosexuality” become semantically linked with bakla’s historic senses? At its core, the study argues that sexism and political instability coincide in the social history of the bakla. -/- Contextualizing bakla’s semantic shifts reveals that the word’s stigma comes from its earliest meaning; besides “fearful and weak,” it was bakla as “deceptive.” While tracking bakla’s semantic links with the pre-existing terms for gay identity shows that bakla was forged alongside historical biases against women. These biases rendered gay men and trans women undesirable. And archival data uncover five (5) factors explaining why bakla crystallized into a gender label, which also offer insights on how bakla has been reclaimed and reworked, despite its persisting stigma, in more recent years. -/- The thesis exposes bakla’s status as a “keyword” in the Philippine conceptual, sexual, and social history. It undresses bakla, opens it to critique, and recognizes the importance its etymology can play in undoing bakla’s stigma, and its potential in rethinking Philippine history itself. (shrink)

In 2010s, the love story between Sidapa and Bulan, two oft-described as male gods, widely circulated online and eventually became a folkloric representation about the LGBTQIA+ during the pre-colonial Philippines. But in 2019 this queer mythological romance was exposed to be a hoax. However, instead of dismissing the story altogether for being a hoax, especially given the story’s already irreversible circulation in popular culture today, this paper rather examines the “mythification” of Sidapa-Bulan queer romance as a case for historical rethinking. (...) Drawing from a bricolage of digital, ethnohistorical, and historiographical materials, this paper is divided into four sections. The first section dissects this paper’s conceptual tools: the use of seemingly anachronistic categories of “queer” and “LGBTQIA+,” and how these categories intersect with the concepts of “myth-making” as a sociological (and by extension, historical) phenomenon, and what came to be known as “neo-archiving” (i.e., the use of fiction in response to the gaps in history). The second section explains the paper’s methodology and sources, specifically its use of four historical thinking skills in dissecting the Sidapa-Bulan myth. The third section examines the Sidapa-Bulan myth as a historical case, specifically in terms of sourcing and close reading, corroborating, and contextualizing. And the fourth section attempts to offer, albeit in broad strokes, some potential ways to move forward from the damages caused by the Sidapa-Bulan myth. As such, this paper argues that only by maintaining transparency over its own history, that the Sidapa-Bulan queer romance, as a case of contemporary myth-making (where queer artists, authors, and allies did not merely passively consume the story, but rather actively re-define and appropriate it), can become useful and integral in rethinking and, thus, enriching the Philippine LGBTQIA+ past. But in a practical sense, this paper demonstrates how historical thinking skills can empower the public to detect, dissect, and dispel disinformation today. (shrink)

Throughout our entire evolutionary history, the physical environment has played a significant role in shaping humans’ subsistence adaptations. As early humans began to colonise novel biomes and construct ecological niches, their behavioural flexibility appeared as an unquestionable fact. During the Late Pleistocene-Holocene transition, the shift from foraging to farming radically altered ecosystem services, resulting in increased exposure to zoonotic pathogens and the emergence of structural inequalities that pervade our current human condition in the Anthropocene epoch. The article seeks to use (...) an anthropological biosocial analysis to explore the diverse evolutionary paths humans have taken, which in turn shape their relationships with the natural world. Given the enigmatic nature of human behavior, it is essential to examine it holistically to understand how different subsistence patterns (e.g., intensive agriculture, foraging, and horticulture) have influenced resilience and adaptation to environmental challenges. (shrink)

This article interrogates how both visual culture and queer futurity can be made visible in and through the Philippine archive as a case in point. It begins by problematizing a paradoxical specter of futurity that seems to haunt more the Global North. But despite such haunting, the Philippines in the Global South continues to have thin to nil (i.e., nearly absent) envisioning toward a queer futurity, for most Filipino LGBTQIA + scholars seem to still be engaged in recovering “lost histories” (...) from the archives and “thick descriptions” of the present, while focusing more on the textual than the visual. The article then proceeds to discuss mobilizing ekphrasis and representation as main conceptual tools in bridging the temporally opposite projects of queer archiving and queer futurity. It analyzes through ekphrastic re-reading the various LGBTQIA + representations from the Philippine archive – that is, a “palimpsestic site” of colonial confrontations, national (re)construction, and potentially global queer critique. These re-readings along the archival grain juxtapose the archival representations as historically authentic vis-à-vis their more present-day representations as visual proxies. Yet more crucially, the potency of these ekphrastic re-readings – in lieu of visually actual – lies in their capacity to reverberate queer possibilities, re-awakening them from their sleep within the archives, and thus re-mobilizing them toward becoming a useful part of academics, activists, and artists’ “shared arsenal” in re-envisioning and, hopefully in time, reifying such past possibilities into future queer actualities anew. (shrink)

It is well known the harmful effects that savage capitalism has been causing to the environment since its introduction in a sphere in which a different logic and approach to nature are the essential conditions for the maintenance of the ecosystem and its complex relations between humans and non-human organisms. The amazon rainforest is a portion of the planet in which for thousands of years its human dwellers have been interacting with nature that it is understood beyond its physical condition. (...) Thus, to what extent Amazonian’s approaches to nature could be considered as a moral philosophy through which the way of conceptualizing nature and its non-human denizens enhances the continuity of life and the intimate relations between entities? To answer this question, I will explore the cosmological system of the Shuar of the Ecuadorian Amazon with whom I lived for 5 months between July and November 2018, and thereby elucidate the spiritual relations that this society has with the metaphysical domain of nature. (shrink)

This chapter examinates the concept of Baroque habits in its various declensions, dwelling in particular on aesthetic habits through the case study of Guarino Guarini’s Chapel of the Holy Shroud in Turin. In the first part three declensions of Baroque habits, linked together by profound implications, are identified: habits of knowledge, referred to the ideal of Baroque encyclopedism; moral habits, framed in the Baroque practices of government of affects; and aesthetic habits, consisting in regimes of or- dering of sensible experience (...) which finds in the Wunderkammer one of its highest manifestations. In the second part of this chapter, these concepts are applied and further elaborated in the light of one of the greatest results of European Baroque, the Guarinian Chapel. Through the example of the Turinese architecture it is demon- strated how Baroque representative practices perform a gesture of immanentization of the transcendent principle by composition of light and application of geometry. Such “sensible metaphysics” is aimed at both the government of affects and at the creation of a habitable space of experience, where the infinite transcendence of Christian divinity becomes source and object of habits. (shrink)

Cultural landscapes represent a complex category where the nature-culture dichotomy seem to not be able to unfold the main features and the profound relations that humans have with the environment. Drawing on ethnographic data collected in the saltpans of Se-ovlje (Slovene Istria) and Janubio (Lanzarote--Canary Islands) this article examines informant`s perceptions about the awareness of the importance and the enhancement of the holistic values of both saltpans, as well as the impacts and benefits of tourism. Comparing these perceptions about both (...) cultural landscapes, I try to suggest that the complex fruitfully relations between humans and nature in these saltpans are at odds with the neoliberal logic of nature which exploit and commoditize its resources depriving them of their respective agency. A sustainability to contrast the harmful activities of the market ought to be understood not as a simply isolation and fencing of nature for the sake of conservation, but as a preservation that need to foster the continuity of the deep interactions between human culture and non-human nature which are the core of the cultural landscapes. (shrink)

Human nature is a puzzling matter that must be analysed through a holistic lens. In this commentary, I foray into anthropology's biosocial dimensions to underscore that human relations span from microorganisms to global commodities. I argue that the future of social-cultural anthropology depends on the integration of evolutionary theory for its advancement. Ultimately, since the likelihood of novel zoonoses' emergence, digital ethnography could offer remarkable opportunities for ethical and responsible inquiries.

Based on a discussion of the theoretical contributions of Claude Lévi-Strauss and Pierre Clastres, this article explores social relationships as more than a human dimension. Though strongly analysed by both anthropologists, these relationships appear to involve indigenous societies’ whole ecological and cosmological system. In this sense, reciprocity, social cohesion, and exchange can be understood as material and immaterial interrelationships between entities of a more than a corporeal world. I argue, then, that to go beyond the mere anthropocentric conceptualisation of sociality (...) in a nature good to think, we need to holistically conceive the interconnected levels of trophic, socio-structural and socio-cosmic relationships and exchanges between human and non-human beings in the ecosystem. (shrink)

The outbreak of SARS-CoV-2 has threatened ethnographic inquiry, undermining its quintessential characteristic. Participant observation, then, has been thoroughly dismembered by the radical measures implemented to prevent the spread of the virus. This phenomenon, in short, has dragged anthropologists to a liminal state within which ethnography is paradoxically caught in an onto-epistemological unstable vortex. The question of being here and not there, during the pandemic, is epitomised in the instability of different spatio-temporal contexts that overlap through technological mediations. Reflecting on previous (...) fieldwork experiences and current virtual inquiries with the Shuar of the Ecuadorian Amazon unfolds how COVID-19 has thoroughly reshaped how the author approaches subjects' socio-ecological settings. Against this background, the article argues that corporeal immersion remains a necessary condition for the anthropological scrutiny of multispecies relationalities amidst the challenging times of the Anthropocene. The article nevertheless demonstrates that the intellectual efforts to grasp the different material temporalities of virtual spaces embrace the ethical principles concerning the renunciation of fieldwork with vulnerable communities. Furthermore, a reflective and speculative stance is proposed to actualise the snapshots of faraway physicalities linking them to past embodied and multi-sensory experiences. It is ultimately theorised how these mnemonic devices operate as creative forms of inquiry that overcome the pandemic consequences, extra-stimulating our cognitive capabilities to reflect on prior and possible socio-material interactions. (shrink)

Al tratar de disolver la neta separación entre una mente racional y la materia inerte abogada por el dualismo Cartesiano, el monismo lucha por reunificar estas distintas realidades ontológicas. Tal como para Claude Lévi-Strauss y Baruch Spinoza, esa dicha unificación no puede prescindir de la trascendencia de la mente humana como locus del pensamiento y conocimiento de la naturaleza externa. A través de una discusión entre las abstracciones de la etnología Amerindia (animismo-perspectivismo), las teorizaciones del estructuralismo y las relaciones que (...) estos tienen con algunas especulaciones filosóficas occidentales, este artículo trata de analizar las intricadas interacciones humano-naturaleza entre los Shuar de la Amazonía Ecuatoriana. De esta forma, se argumenta que las realidades metafísicas de las experiencias oníricas y visionarias están ontológicamente determinadas por el grado de intensidad de contacto que los humanos establecen con las subjetividades materiales del ecosistema. (shrink)

El presente estudio ofrece una interpretación de naturaleza ontológica a uno de los fenómenos más divulgados recientemente por los medios informativos de comunicación: la displicencia de los sujetos al seguimiento de normas sociales. El trabajo se centra, especialmente, en los casos en los que se asume que la indiferencia a las normas tiene como causa la condición del privilegiado social. Argumenta que la inobservancia a las normas, más que ser un asunto de desigualdad social, es la sintomatología de importantes hendiduras (...) en la ontología de la realidad social. Así, tres partes conforman este trabajo. En la primera se describen algunos casos que, desde los medios de comunicación, se presentan como representativos en la inobservancia a las normas sociales, especialmente, aquellos que son interpretados como un asunto de abuso de privilegio social. En la segunda parte, a partir de algunos trabajos de John Austin, Ulises Moulines y Gottlob Frege, se presenta una concepción de normas sociales, y su valor para la construcción de la ontología social. En la tercera parte, desde la propuesta del filósofo John Searle, se describen algunos rasgos esenciales de la ontología de la realidad social. Se concluye que el no seguimiento de las normas sociales socava los modos de existencia de la realidad social, y que los casos interpretados por los medios de comunicación como asunto de desigualdad social, requieren una interpretación que tenga en cuenta la estructura de la realidad social. (shrink)

Korea maintained a dual system of legal education since it imported the American style of legal education under the influence of Japan. The public had conceived it a kind of nerd or dude that had to be engrafted with the national needs as any solution in the face of globalization challenge. This led to a monopoly of legal education in Korea that disturbed the interest holders, those whom are lawyers, law professors, law schools and department of laws (...) and the interested public, into discontention and aggrievance. While law schools in Korea now emphasize a unitary approach for the whole group of lawyers through bar association and law schools, the professors of law department, the other form of grass-root legal education in this soil, perceived that it should include a wide of public interest amenable to its respective concerns. Under this backdrop, the paper explored the French model of judge selection and discussed the inadequacy of current American style to select the judge from the pool of career attorneys. The author also suggests a change of paradigm niggardly upon public inculcation and consensus that best suits the distinct Korean tradition and policy environment of national judicial system. (shrink)

Background and Aim: Global trends and national policies have made internationalization and paying attention to the international markets of higher education inevitable on the one hand and becoming a legal requirement of Iranian medical sciences universities on the other hand. Therefore, the main goal of this article was to show, by examining the experience of international marketing of higher education in Tehran University of Medical Sciences, what are the futures of international marketing of higher education in medical sciences? Materials (...) and methods: in this documented data and the views, knowledge and lived experiences of the beneficiaries of the University of Medical Sciences were the basis of the study, and in the following, the methods of documentary studies, trend analysis, brainstorming, expert panel, theme analysis and scenario planning were used. Results: The most important achievement of this article is that among the challenges facing the international marketing of higher education in the University of Medical Sciences, two driving forces have the highest importance and uncertainty in shaping the future of this issue, including: sustainable security and cultural development. Conclusion: The normalization of political and economic relations with the world along with appropriate cultural development inside and outside the university and acceptance of cultural, racial, religious, intellectual, ethnic and gender differences strengthens the marketing process of higher education. In such a situation, the risk of investing in providing international higher education will be reduced. Therefore, the most expensive and the most important uncertainty facing the country's universities in international marketing is the attitude and approach of science and technology governance to the relations and structure governing the international system. (shrink)

The article examines the issue of a necessary connection between the phenomena of law and morality. A new classification of contemporary legal philosophy theories based on a distinction between «dietary» and «calorie» views on the question of the extent that the substantive content of law needs to be consistent with the moral requirements for it to be legal is proposed and justified. It offers a critical analysis of «dietary» views based on the assertion that the law can have (...) any content, including absolutely immoral content (the so-called «separability thesis»). (shrink)

Resumen Este trabajo consiste en un análisis histórico de textos que proceden de un expediente archivístico de Cartagena de Indias entre 1715 y 1717. Los autos son textos administrativos que poseen diversas funciones en las relaciones institucionales entre metrópoli y colonias, tal como la de “emitir opinión”. En la tipología textual indiana, esta función se denomina consulta o parecer, y se caracteriza por el uso de un predicado de tipo doxástico. Para el análisis hemos adoptado las perspectivas teóricas del análisis (...) histórico del discurso y de la sociopragmática histórica. El estudio se completa con un análisis cuantitativo que permite resaltar cuáles son los rasgos lingüísticos a los que se vincula la intensificación y la atenuación en el subtipo debate dentro del registro legal en el español de la Cartagena del siglo XVIII. La conclusión sugiere que los recursos lingüísticos encontrados aumenta la intención persuasiva de la argumentación característica de los autos cartagineses. (shrink)

The ideas that law is (or can be regarded as) a legal system, and that law evolves over time in adaptation to its context, are two of the most widely shared and presupposed ideas in contemporary legal theory. However, even if much interest has been dedicated in legal theory and legal dogmatics to the evolution of specific legal concepts or institutions, as well as legal norms in particular, not so much attention has been dedicated (...) to the evolution of legal systems in themselves. In this chapter, I will try to offer an overview of the evolution of the concept of legal system and critically analyse whether an evolutionary theory of legal systems - i.e., a theory about the evolution of legal systems - can be reconstructed and laid down for the analysis both of the past, the present, and the future of legal systems. (shrink)

The concept of law is not a theorist's invention but one that people use every day. Thus one measure of the adequacy of a theory of law is its degree of fidelity to the concept as it is understood by those who use it. That means as far as possible. There are important truisms about the law that have an evaluative cast. The theorist has either to say what would make those evaluative truisms true or to defend her choice to (...) dismiss them as false of law or not of the essence of law. Thus the legal theorist must give an account of the truth grounds of the more central evaluative truisms about law. This account is a theory of legitimacy. It will contain framing judgments that state logical relations between descriptive judgments and directly evaluative judgments. Framing judgments are not directly evaluative, nor do they entail directly evaluative judgments, but they are nonetheless moral judgments. Therefore, an adequate theory of law must make (some) moral judgments. This means that an adequate theory of law has to take a stand on certain (but not all) contested issues in political philosophy. Legal theory is thus a branch of political philosophy. Moreover, one cannot be a moral-aim functionalist about legal institutions without compromising one's positivism about legal norms. (shrink)

The notion of the human embryo is not immutable. Various scientific and technological breakthroughs in reproductive biology have compelled us to revisit the definition of the human embryo during the past 2 decades. Somatic cell nuclear transfer, oocyte haploidisation and, more recently, human stem cell-derived embryo models have challenged this scientific term, which has both ethical and legal repercussions. Here, we offer a legal perspective to identify a universally accepted definition of ‘embryo’ which could help to ease and (...) unify the regulation of such entities in different countries. (shrink)

The Article analyzes the notion of legal “thinghood” in the context of the person–thing bifurcation. In legal scholarship, there are numerous assumptions pertaining to this definition that are often not spelled out. In addition, one’s chosen definition of “thing” is often simply taken to be the correct one. The Article scrutinizes these assumptions and definitions. First, a brief history of the bifurcation is offered. Second, three possible definitions of “legal thing” are examined: Things as nonpersons, things as (...) rights and duties, and things as property. The first two definitions are rejected as not being very interesting or serving any heuristic function. Conversely, understanding legal things as property is meaningful, useful, and helps to understand what it means to say that animals are legally things. Defining things as property has certain rather important implications, which are analyzed at the end of the Article. For instance, not everything needs to be either a person or a thing: The historical institution of outlawry involved treating individuals neither as legal persons nor as legal things. One must conclude that the person–thing bifurcation is less fundamental than is often assumed. (shrink)

This article introduces a new formulation of the interest theory of rights. The focus is on ‘Bentham’s test’, which was devised by Matthew Kramer to limit the expansiveness of the interest theory. According to the test, a party holds a right correlative to a duty only if that party stands to undergo a development that is typically detrimental if the duty is breached. The article shows how the entire interest theory can be reformulated in terms of the test. The article (...) then focuses on a further strength of the interest theory, brought to the fore by the new formulation. In any Western legal system, the tortious maltreatment of a child or a mentally disabled individual results in a compensatory duty. The interest theory can account for such duties in a simple and elegant way. The will theory, on the other hand, struggles to explain such compensatory duties unless it abandons some of its main tenets. (shrink)

The aim of this paper is to critically reconsider some of the main tenets underlying Karl Olivecrona’s works. The first two sections are devoted to a brief reconstruction of his position on methodology for the study of legal phenomena, including the endorsement of philosophical realism and the enterprise of demystifying legal language through linguistic therapy (§ 2), as well as his particular conception of legal notions as hollow words (§ 3). I will then provide a brief analysis (...) of a central legal concept – that of “authority" – to show how Olivecrona’s methodological framework can be applied (§ 4). The last two sections are devoted to the analysis and evaluation of three possible criticisms of Olivecrona’s claims as a legal realist (§ 5) and some brief concluding remarks on the usefulness of Olivecrona’s approach for contemporary legal philosophy (§ 6). (shrink)

Post-traumatic stress disorder is a “young” disorder formally recognized in the early 1980s, although the symptoms have been noted for centuries particularly in relation to military conflicts. PTSD may develop after a serious traumatic experience that induces feelings of intense fear, helplessness or horror. It is currently characterized by three key classes of symptoms which must cause clinically significant distress or impairment of functioning: persistent and distressing re-experiencing of the trauma; persistent avoidance of stimuli associated with the trauma and numbing (...) of general responsiveness; and persistent symptoms of hyper-arousal. One of the possible symptoms within the second class is difficulty in remembering an important aspect of the traumatic event.PTSD is not an uncommon condition, with an estimated lifetime prevalence of about 7-9% based on studies conducted in the United States and Canada, with women at higher risk than men. While not everyone who experiences a significant trauma will go on to develop PTSD, about a third will do so. Sexual assault, along with other forms of assaultive violence, pose a comparatively high risk of PTSD. (shrink)

Internal audit, management review, and account reconciliation are popular tools for combating corporate fraud, but whistle-blowing is the most prevalent. Whistle-blowers frequently fear reprisal from coworkers and bosses. That is why they require protection and support. Many international organizations have advocated that countries adopt regulatory frameworks for protecting whistle-blowers. Therefore, the current study investigates the notion of whistle-blowing to compare it to Public Interest Disclosure Act 2017 of Pakistan, which was enacted. It identifies the influence of legal and ethical (...) cultural norms in organizations on whistle-blowing behaviour. (shrink)

Contra recent, inflationary views, the paper submits a deflationary approach to legal ontology. It argues, in particular, that to answer ontological questions about legal entities, we only need conceptual analysis and empirical investigation. In developing this proposal, it follows Amie Thomasson’s ‘easy ontology’ and her strategy for answering whether ordinary objects exist. The purpose of this is to advance a theory that, on the one hand, does not fall prey to sceptical views about legal reality (viz., that (...) ontological truths about legal entities are established by metaphysical principles); and, on the other, is compatible with common-sense jurisprudence (viz., that there in fact exist legal entities, and they all have important practical implications). While this methodology is common to legal philosophers interested in elucidating the ‘artifactual nature’ of law, the paper departs from their projects by taking a step forward in connecting this deflationary approach to legal ontology with an expressivist account of legal discourse, thus providing enough resources to satisfy the general ambition of jurisprudence, viz., to establish the conditions for the analysis of legal reality and its normative character. (shrink)

Recent discussions among lawyers, philosophers, policy researchers and athletes have focused on the potential threat to privacy posed by the World Anti-Doping Agency’s (WADA) whereabouts requirements. These requirements demand, among other things, that all elite athletes file their whereabouts information for the subsequent quarter on a quarterly basis and comprise data for one hour of each day when the athlete will be available and accessible for no advance notice testing at a specified location of their choosing. Failure to file one’s (...) whereabouts, or the non-availability for testing at said location on three occasions within any 18-month period constitutes an anti-doping rule violation that is equivalent to testing positive to a banned substance, and may lead to a suspension of the athlete for a time period of between one and two years. We critically explore the extent to which WADA’s whereabouts requirements are in tension with existing legislation on privacy, with respect to UK athletes, who are simultaneously protected by UK domestic and EU law. Both UK domestic and EU law are subject to the European Convention on Human Rights (ECHR) Article 8, which establishes a right to “respect for private and family life, home and correspondence”. We critically discuss the centrality of the whereabouts requirements in relation to WADA’s aims, and the adoption and implementation of its whereabouts rules. We conclude that as WADA’s whereabouts requirements appear to be in breach of an elite athlete’s rights under European workers’ rights, health & safety and data protection law they are also, therefore, in conflict with Article 8 of the ECHR and the UK Human Rights Act 1998. We call for specific amendments that cater for the exceptional case of elite sports labour if the WADA requirements are to be considered legitimate. (shrink)

Translating risk estimates derived from epidemiologic study into evidence of causality for a particular patient is problematic. The difficulty of this process is not unique to the medical context; rather, courts are also challenged with the task of using risk estimates to infer evidence of cause in particular cases. Thus, an examination of how this is done in a legal context might provide insight into when and how it is appropriate to use risk information as evidence of cause in (...) a medical context. A careful study of the case of Goodman v. Viljoen, a medical malpractice suit litigated in the Ontario Superior Court of Justice in 2011, reveals different approaches to how risk information is used as or might be considered a substitute for evidence of causation, and the pitfalls associated with these approaches. Achieving statistical thresholds, specifically minimizing the probability of falsely rejecting the null hypothesis, and exceeding a relative risk of 2, plays a significant role in establishing causality of the particular in the legal setting. However, providing a reasonable explanation or establishing “biological plausibility” of the causal association also seems important, and (to some) may even take precedent over statistical thresholds for a given context. (shrink)

The Netherlands was the first country to legalize euthanasia and physician-assisted suicide. This paper offers a first legal perspective on the prospects of using AI in the Dutch practice of euthanasia and physician-assisted suicide. It responds to the Regional Euthanasia Review Committees’ interest in exploring technological solutions to improve current procedures. The specific characteristics of AI – the capability to process enormous amounts of data in a short amount of time and generate new insights in individual cases – may (...) for example alleviate the increased workload of review committees due to the continuous increase of euthanasia cases. The paper considers three broad categories for the use of AI in the Dutch euthanasia practice: (1) the physician’s assessment of euthanasia requests, (2) the actual execution of euthanasia, and (3) the retrospective reviews of cases by the Regional Euthanasia Review Committees. Exploring the legal considerations around each avenue, both in the EU AI Act and the Dutch legal framework, this paper aims to facilitate the societal discussion on the role of technology in such deeply human decisions. This debate is equally relevant to other countries that legalized euthanasia (e.g. Belgium and Canada) or physician-assisted suicide (e.g. Switzerland and numerous states in the US). (shrink)

In a recent opinion paper, it was argued that individuals with multiple retractions or a record of academic misconduct should not serve as editors, including as editors-in-chief, on the editorial boards of scholarly or academic journals. As a first step towards appreciating how such a policy could be applied in practice, the presence of 30 individuals listed on the Retraction Watch Leaderboard on editorial boards was screened. Six cases are highlighted to gain an appreciation of the potential reputational risks that (...) journals and publishers might incur by including individuals with a tainted academic record on editorial boards. Given the reputational, legal and other risks associated with this type of assessment and decision, more formal positioning and guidance are needed by global ethics policy-related bodies such as COPE, the ICMJE, and the CSE, even more so in journals that claim to follow these organizations’ ethical guidelines. (shrink)

In this article we examine the role of Entscheider (decision-makers) in the German asylum procedure, both legally and ethical. As the responsibility for deciding on asylum applications lies exclusively with them, their significance for the German asylum procedure can hardly be underestimated. However, over the last few decades the situation of Entscheider changed significantly: While the number and complexity of the cases they have to decide on has increased due to the growing immigration, the requirements for their education have been (...) lowered, owed to critical amendments to the relevant law. We analyze how the law currently defines the role of Entscheider, whether the legal framework is constitutional, and what modifications morality requires. Although the law defining their role seems to be constitutional, Entscheider’s education must be improved and they must be entrusted with the hearing of the applicants to meet what morality requires, we conclude. DOI: 10.17879/95189429199. (shrink)

Philosophical Issues, Volume 31, Issue 1, Page 85-103, October 2021.

Sample chapter from H. Asgeirsson, The Nature and Value of Vagueness in the Law (Hart Publishing, 2020), in which I present and partially defend a version of what has come to be called the communicative-content theory of law. Book abstract: Lawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is sometimes vague (...) and, even when it is clear, the content itself is sometimes vague. The monograph examines the nature and consequences of these two linguistic sources of indeterminacy in the law with the aim of providing plausible answers to three related questions: In virtue of what is the law vague? What might be good about vague law? How should courts resolve cases of vagueness? (shrink)

Immigrant legalization policies pose an ethical dilemma between justice and the rule of law. On the one hand, liberal democracies aspire to the principles of individual liberty and equality. Building on liberal ideals of justice, compelling arguments have been made for granting legal status and a path to citizenship to unauthorized migrants by virtue of the social ties they have developed, their contributions to the host society, and their vulnerability to exploitation. On the other hand, legalization poses a challenge (...) to another important value, the rule of law, which requires government to operate within a framework of law in accordance with well-established public norms. Immigrant legalization programmes are said to undermine the rule of law because they reward lawbreaking, allow queue-jumping, and incentivize further unauthorized migration. This article clarifies each horn of the dilemma, focusing on rule of law arguments. We offer a critical reappraisal of immigrant legalization policies by reflecting on the normative meaning of the rule of law and by examining empirical evidence assessing the effects of legalization. Our central contention is that legalization policies can enhance the rule of law. We offer five rule of law arguments in support of legalization, which help to mitigate the dilemma between justice and the rule of law. We conclude by discussing some policy implications of our analysis. (shrink)

This article explores a concept of artistic transgression I call aesthetic disobedience that runs parallel to the political concept of civil disobedience. Acts of civil disobedience break some law in order to publicly draw attention to and recommend the reform of a conflict between the commitments of a legal system and some shared commitments of a community. Likewise, acts of aesthetic disobedience break some entrenched artworld norm in order to publicly draw attention to and recommend the reform of a (...) conflict between artworld commitments and some shared commitments of a community. Considering artistic transgressions under the concept of aesthetic disobedience highlights often-overlooked features of modern artworld practices. Most significantly, it draws attention to the deliberative participation of a wide variety of citizens of the artworld, including not just artists and performers but also members of audiences, in the transformation of the rules and boundaries of the artworld itself. (shrink)

In this field questions arise which are certainly difficult; but as I listened last time to members of the group, I felt that the main difficulty perhaps lay in determining precisely what questions we are trying to answer. I have the conviction that if we could only say clearly what the questions are, the answers to them might not appear so elusive. So I have begun with a simple list of questions about discretion which in one form or another were, (...) as it seemed to me, expressed by the group last time. I may indeed have omitted something and inserted something useless: if so, no doubt I shall be informed of this later. The central questions then seem to me to be the following: 1. What is discretion, or what is the exercise of discretion? 2. Under what conditions and why do we in fact accept or tolerate discretion in a legal system? 3. Must we accept discretion or tolerate discretion, and if so, why? 4. What values does the use of discretion menace, and what values does it maintain or promote? 5. What can be done to maximize the beneficial operation of the use of discretion and to minimize any harm that it does? (shrink)

Legal philosophers distinguish between a static and a dynamic interpretation of law. The former assumes that the meaning of the words used in a legal text is set at the moment of its enactment and does not change with time. The latter allows the interpreters to update the meaning and apply a contemporary understanding to the text. The dispute between these competing theories has significant ramifications for social and political life. To take an example, depending on the approach, (...) the term “cruel punishment” used in the US Constitution will be given an 18th century meaning or a contemporary one. -/- The philosophy of language seems to provide greater support to the static approach to legal interpretation. Within this approach the lawmaker is perceived as a speaker and legal texts are interpreted as utterances. As a consequence, interpretation is a quest for the speaker/lawmaker’s intention or the public meaning that prevailed at the time of enactment. Neither the intention nor the public meaning are considered to have changed in time. -/- In this paper I argue that the philosophy of language provides the dynamic approach with an equally robust support as the static one. This support comes from an externalist perspective in semantics, rooted in philosophical pragmatism and supported by Ruth Millikan’s concept of meaning as proper function. Grounding the dynamic approach in a well-founded linguistic philosophy rises to the challenge presented by the originalists’ declaration that “it takes a theory to beat a theory”. (shrink)

This essay partly builds on and partly criticizes a striking idea of Dieter Henrich. Henrich argues that Kant's distinction in the first Critique between the question of fact (quid facti) and the question of law (quid juris) provides clues to the argumentative structure of a philosophical "Deduction". Henrich suggests that the unity of apperception plays a role analogous to a legal factum. By contrast, I argue, first, that the question of fact in the first Critique is settled by the (...) Metaphysical Deduction, which establishes the purity of origin of the Categories, and, second, that in the second Critique, the relevant factum is the Fact of Reason, which amounts to the fact that the Moral Law is pure in origin. (shrink)

El presente trabajo surge como una reflexión a partir de la lectura del reciente libro de Francesca Poggi, "Il modello conversazionale. Sulla differenza tra comprensione ordinaria e interpretazione giuridica", en el cual la autora se propone esclarecer algunos aspectos de la comunicación ordinaria y de la interpretación jurídica, poniendo en evidencia sus similitudes y diferencias. En §2, plantearé el interrogante de si una concepción de norma jurídica como la de los imperativos independientes de Karl Olivecrona, basada en un imperativismo no (...) voluntarista, podría ser de utilidad para una posición acerca de la interpretación jurídica que prescinde de la intención del legislador, estableciendo una separación tajante entre la autoridad legislativa y el texto que resulta aprobado. En §3, plantearé el interrogante de si no sería más provechoso realizar ulteriores diferenciaciones entre los contextos jurídicos en los cuales Poggi analiza la aplicación y aplicabilidad de la teoría de Grice. Intentaré mostrar cómo esas diferenciaciones se vuelven necesarias, especialmente para evaluar la posibilidad de que sí existan contextos cooperativos en el ámbito jurídico y situaciones donde podrían coexistir contemporáneamente contextos cooperativos y no cooperativos. Finalmente, en §4 ofreceré una breve conclusión. (shrink)

The purpose of this study was to determine the attitudes, expectations, experiences, and barriers that physicians in Tripoli hospitals experienced when working alongside Clinical Pharmacists (CPs). A descriptive self-administered questionnaire was used for the study, and participants were selected from several Tripoli hospitals. Most of the respondents agreed that CPs are an essential part of patient care teams and that they have the legal authority to review a patient's medication regimen and response. More than half of respondents believe CPs (...) must be responsible for the medications they prescribe to patients. Half of the respondents agreed that CPs should be encouraged to play a more active role in hospitals and other healthcare facilities. The majority of participants agreed that CPs should participate in managing drug side effects and almost half agreed that CPs can contribute to decisions about drug interactions. By a low agreement rate, 42.7% of respondents thought CPs were specially qualified to counsel patients on drug therapy. A similar low trend was observed, with 40.9% agreeing to provide pharmacists with additional responsibility and authority in clinical departments, in contrast, 54.5% expressed their concern about the clinical responsibility of CPs in clinical practice. A minority of physicians agreed that Physicians should consult pharmacists in selecting the best pharmacological treatment. At the same time, the majority think that pharmacists lack clinical skills and 61.8% feel that physicians are unable to communicate effectively with CPs. 43.6% acknowledged that the traditional opposition between the two professions was a barrier to interprofessional collaboration while the absence of pharmacy space in clinical settings was cited by 39.1%. A majority of respondents agreed that physicians and pharmacists may improve their interprofessional collaboration by raising their awareness about it. A minority of respondents thought that laws and regulations governing physician collaboration should be put in place to promote effective collaboration between physicians and CPs. The study discovered that although most physicians endorse the introduction of clinical pharmacy services in hospitals and believe that physicians and pharmacists can collaborate on many tasks, respondents were not as impressed with the CPs' performance and believed that they lacked the professionalism required to carry out clinical responsibilities successfully. To facilitate the growth of clinical pharmacy services, laws and regulations must be put in place. (shrink)

The legal progression in China is portrayed negatively by western scholars who often argue that the state institutions in China are subordinate to the control of Chinese Communist Party’s leadership which makes these institutions politically insignificant. We consider that the legal progression in China has an instrumental role in achieving “Harmonious Socialist Society.” The purpose of this thesis is to provide an analytical literature review of scholastic work to explain the legality of rule of law in China and (...) to elaborate the outcomes of China’s recent legal developments. This paper has two main subjects. First, it examines the nature of law and rule of law in China through the prism of different legal theories. Secondly, by arguing from different political theories, it explains the necessity of customized legal system in China for establishing a Harmonious Socialist Society. By giving different examples from contemporary China, this thesis argues that the legality of the rule of law in China ought to be understood in the context of China’s economic and social progression rather than the western legal scholarship. China’s economic progress demands a customized legal system. In our thesis, we claim that the regular upgradation of laws and introduction of constitutional amendments in China, should be recognized as important achievement which is required for the institutional innovation. Legal progression in China during last decade perfectly fit into the framework of “Socialism with Chinese Characteristics” and is very crucial for building a harmonious socialist society. It is vivid from China’s economic growth and developed international relations. Finally, this paper suggests that the Chinese legal progression can be taken as successful example of legal experimentalism. (shrink)

In a landmark legal case in 1996, eugenics survivor Leilani Muir successfully sued the province of Alberta for wrongful confinement and sterilization. The legal finding implied that Ms. Muir should never have been institutionalized at the Provincial Training School of Alberta as a “moron” and sterilized under the Sexual Sterilization Act of Alberta. The trial itself revealed many unsettling features of the province’s practice of eugenics, raising questions about how a seemingly large number of people, like Ms. Muir, (...) who were not mentally defective, could have been wrongfully confined at an institution for the feeble-minded, and subsequently sterilized on eugenic grounds. Employing a three-agent model of wrongful accusation and conceiving of eugenics as wrongful more generally may help in understanding the operation of eugenic practices, such as institutionalization and sterilization, both in Western Canada and elsewhere. Eugenic practice involves a form of wrongful accusation that marks a significant departure from eugenic ideology. (shrink)

Concerns about threats to human autonomy feature prominently in the field of AI ethics. One aspect of this concern relates to the use of AI systems for problematically manipulative influence. In response to this, the European Union’s draft AI Act (AIA) includes a prohibition on AI systems deploying subliminal techniques that alter people’s behavior in ways that are reasonably likely to cause harm (Article 5(1)(a)). Critics have argued that the term ‘subliminal techniques’ is too narrow to capture the target cases (...) of AI-based manipulation. We propose a definition of ‘subliminal techniques’ that (a) is grounded on a plausible interpretation of the legal text; (b) addresses all or most of the underlying ethical concerns motivating the prohibition; (c) is defensible from a scientific and philosophical perspective; and (d) does not over-reach in ways that impose excessive administrative and regulatory burdens. The definition is meant to provide guidance for design teams seeking to pursue responsible and ethically aligned AI innovation. (shrink)

This paper advances a novel hybrid theory addressing a fundamental puzzle in legal philosophy: how legal statements can simultaneously have both cognitive and practical features. Drawing on contemporary developments in metaethics and philosophy of language, we argue that legal statements express both beliefs and desire-like attitudes. My analysis yields three key findings. First, I demonstrate that within any given legal system, the descriptive content of legal statements remains invariant across different contexts of use and assessment (...) – a feature that explains persistent patterns of legal disagreement, retraction and attribution of responsibility for content. Second, I show that the desire-like states expressed by legal statements are uniformly directed at the general property picked out by “It is the law that…” rather than at particular legal norms, regardless of the speaker – thereby preserving their inference-licensing property and evidential function. Third, I identify generalized conversational implicature as the mechanism through which legal statements convey desire-like states explaining their distinctive practical features. This theoretical framework offers a novel solution to the puzzle of legal motivation: rather than positing a necessary conceptual link between legal judgment and motivation, it explains their characteristic connection through the general action-guiding purpose of legal discourse and Gricean conversational principles. (shrink)

What does it take for lawyers and others to think or talk about the same legal topic—e.g., defamation, culpability? We argue that people are able to think or talk about the same topic not when they possess a matching substantive understanding of the topic, as traditional metasemantics says, but instead when their thoughts or utterances are related to each other in certain ways. And what determines the content of thoughts and utterances is what would best serve the core purposes (...) of the representational practice within which the thought or utterance is located. In thus favoring a “relational model” in metasemantics, we share Ronald Dworkin's goal of explaining fundamental legal disagreements, and also his reliance on constructive interpretation. But what we delineate is a far more general and explanatorily resourceful metasemantics than what Dworkin articulated, which also bypasses some controversial implications for the nature of law that Dworkin alleged. (shrink)

The paper argues that at present the Criminal law does not contain satisfactory rules for dealing with the circumstances in which a mistake can be taken to vitiate the victim's consent to an action or transaction. Rules on this issue vary both between different offences and within given offences in a way that is neither coherent nor predictable. As a matter of fact consent should be regarded as vitiated whenever the victim is under a misapprehension but for which (s)he would (...) not have given consent, but from a practical point of view it will not always be possible to allow this factual vitiation to have legal effect. To try to find a more satisfactory set of rules the paper offers a series of potential rules placed along a spectrum. Towards either end of the spectrum the rules have greater certainty and coherence, but produce less desirable results in terms of policy. Towards the centre of the spectrum the reverse is true. The paper therefore concludes that no single rule will be able to provide the answer to this area, and that an approach which recognises a series of circumstances in which consent will be regarded as legally vitiated should be retained instead. However, it is imperative that in future these categories be clearly, and predictably drawn and individually explicable and justifiable. As a starting point it is proposed that consent should be regarded as vitiated when the victim has made a non est factum mistake, has been mistaken about something which would render the action or transaction physically different from that expected, or where the victim believed that the defendant had a legal qualification which in fact (s)he lacked. (shrink)

The aim of this chapter is therefore to critically analyse Kelsen's position on the relationship between law and coercion. Here I will show that the connection between law and coercion in Kelsen's legal theory goes deeper than the first definition of ‘law as a coercive order’ suggests: the connection has to do not only with the specific content of legal norms, but also with the existence of the legal order itself. In Section II, I will show that (...) for Kelsen coercion is an essential element of law as the criterion that allows to distinguish law qua normative and social order from other kinds of social and normative orders (such as religion and morality), i.e., coercion of a certain kind. In Sec-tion III I will further develop the argument and show that coercion is also the criterion that allows to distinguish legal norms from other norms (like moral norms), i.e., coercion as a specific object of norms which are hypothetical formulations with sanction as consequence. In Section IV I will show that, in Kelsen’s framework, coercion is also to be regarded as an essential element for the effectiveness of a legal order, thus for its very existence. I will further argue that in this view the most important effect of coercion is not the direct one – the effective application of sanctions or the effective exercise of force – but the indirect one – the psychological pressure that the mere existence of organised violence and sanctions exerts on the individual. Finally, in Section V I will offer a brief concluding remark. (shrink)

While the 2010 EPSRC principles for robotics state a set of 5 rules of what ‘should’ be done, I argue they should differentiate between legal obligations and ethical demands. Only if we make this difference can we state clearly what the legal obligations already are, and what additional ethical demands we want to make. I provide suggestions how to revise the rules in this light and how to make them more structured.