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)

In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- A family of influential cases suggests (...) standards of proof should not be interpreted numerically. These ‘proof paradoxes’ illustrate that purely statistical evidence can warrant high credence in a disputed fact without satisfying the relevant legal standard. In this essay I evaluate three influential attempts to explain why merely statistical evidence cannot satisfy legal standards. (shrink)

Is it right to convict a person of a crime on the basis of purely statistical evidence? Many who have considered this question agree that it is not, posing a direct challenge to legal probabilism – the claim that the criminal standard of proof should be understood in terms of a high probability threshold. Some defenders of legal probabilism have, however, held their ground: Schoeman (1987) argues that there are no clear epistemic or moral problems with convictions based (...) on purely statistical evidence, and speculates that our aversion to such convictions may be nothing more than an irrational bias. More recently, Hedden and Colyvan (2019, section VI) describe our reluctance to convict on the basis of purely statistical evidence as an ‘intuition’, but suggest that there may be no ‘in principle’ problem with such convictions (see also Papineau, forthcoming, section 6). In this paper, I argue that there is, in some cases, an in principle problem with a conviction based upon statistical evidence alone – namely, it commits us to a precedent which, if consistently followed through, could lead to the deliberate conviction of an innocent person. I conclude with some reflections on the idea that the criminal justice system should strive to maximise the accuracy of its verdicts – and the related idea that we should each strive to maximise the accuracy of our beliefs. (shrink)

Despite being a common phenomenon with significant consequences on our everyday life, strikes (and direct actions in general) are still relatively undertheorized in the philosophical literature. Our paper has a specific focus that is best encapsulated in a question: What is the relationship between liberalism and the right to strike? Liberalism’s cornerstone is the idea that rights and liberties of individuals are of supreme political importance. Rights and liberties, however, are not created equal. The basic liberties are those that are (...) so politically important that legal restrictions upon them are unjustified unless to protect other basic liberties within an overall scheme of liberties, such as under a bill of rights. So, our question becomes: Is the right to strike a basic liberty? Two ongoing disputes are relevant here. The ‘older’ debate concerns the status of economic liberties and their relation to the right to strike. We will focus on a ‘newer’ discussion because it poses a challenge to liberalism itself. Namely, some ‘radical’ critics of liberalism (Gourevitch, Raekstad and Rossi) have argued that there are rights that involve coercing others, exercised during strikes or engagement in other direct action, that do not qualify as liberal basic liberties and that can sometimes take normative precedence over the liberal basic liberties. This criticism, if correct, defeats liberalism. Notice, though: since the weighing of different particular basic liberties against each other in an overall scheme of liberty is integral to high liberalism, the genuine threat that the radical critique poses stems not from the second conjunct (which its proponents have defended) but from its first (which they have merely assumed). For, if (contrary to what the radical work assumes) the right to engage in coercive strike action is a liberal basic liberty then it can, at least in principle, win out over other basic liberties, within an overall scheme of liberties, in situations of prima facie moral conflict. Raekstad and Rossi extend the radical critique, beyond the case of coercive strikes, to other forms of direct action (outside of industrial disputes) that have avowedly moral or political goals. These could include workplace occupations, street blockades, hacktivism, counter-economics, tax resistance and more. In the paper we argue that the ‘radicals’ are not entitled to the assumption that the right to strike is not a liberal basic liberty. Moreover, we suggest, high liberalism has the resources to accommodate not only a general right to engage in non-coercive strike action, but also the right to engage in some forms of coercive direct action, whether as part of an industrial dispute or not. More precisely, we show that liberalism has the resources to accommodate not only (i) a general right to engage in non-coercive strike action, but also (ii) the right to engage in some forms of coercive direct action, whether (iii) as part of an industrial dispute or (iv) not. (shrink)

This study delved into the Senior High School Technical-Vocational-Livelihood (TVL) track in Bohol Province for the 2022-2023 school year, aiming to evaluate policy implementation, recognize barriers, and propose interventions. Employing a mixed-method approach, integrating quantitative-descriptive surveys and qualitative-descriptive research methods as recommended by Creswell and Plano Clark (2017), the findings unveiled a predominantly positive perception of policy implementation across various dimensions of the TVL track. These encompass curriculum development, teacher training, resource allocation, industry partnerships, assessment and evaluation, student support services, (...) monitoring and quality assurance, policy adaptation and improvement, stakeholder engagement, legal framework and compliance, data collection and analysis, and inclusivity and equity. Despite variations among teachers and administrators, a general commitment to policy implementation emerged. The study identified barriers in curriculum and instruction, readiness and preparedness, resource limitations, and teaching and learning, emphasizing evidence-based strategies and interdisciplinary approaches to surmount challenges. It underscores the crucial role of research and policy development in elevating the quality and efficacy of TVL education. (shrink)

Over the past decades, the idea that national sovereignty and the authority of the state have been increasingly challenged or even substantially eroded has been a dominant one. Economic globalization advancing a neo-liberal dis-embedding of the economy is seen as the major reason for this erosion. Concerns have increased about the negative consequences for the social fabric of societies, deprived of the strong shock absorption capacity that the welfare states had established in the time of the embedded liberalism to use (...) a term John Ruggie coined. The concerns have also helped nationalistic movements to gain power in many high-income countries, not at least in the United States, calling for putting their economy first. Accordingly, a number of commentators have announced a return of the nation state. In this special issue, we will show that the retreat-of-the-state thesis as well as the return-of-the-state thesis shares the same shortcomings. They conflate state and authority. As a consequence, both theses underestimate important transformations of authority that have taken place since the end of the “short 20TH century,” to use Eric Hobsbawm's periodization. With this special issue, we seek to contribute to a more nuanced analysis of the transformation of authority. The issue is the outcome of a conference that took place at the Copenhagen Business School in 2015, hosted by the research project ‘Institutional Transformation in European Political Economy: A Socio-Legal Approach’ and funded by the European Research Council. (shrink)

This paper works out the scheme of “institutional competences” that underlies the famous Hart and Sacks Legal Process Materials first distributed in final mimeographed form in1958. The Materials were not published during the life times of their authors but were nonetheless a major influence on American legal thought from their first distribution as course materials at Harvard Law School until their abrupt fall from prominence in the early 1970s. The Materials offer the scheme as a solution to the (...) apparent anomaly in a democracy of the law making power in both public and private law of unelected judges serving long terms. The paper critiques the Hart and Sacks solution, called law making through “reasoned elaboration,” which they claimed was sharply distinct from legislative law making or administrative fiat. The paper argues that in both public and private law the materials the judge is to elaborate are characterized by contradictory internal logics. The judge has to choose between them without a meta-criterion. In cases with high stakes, extra-juristic normative orientations, whether moral theories or political ideologies, will come into play, regardless of the judge’s commitment to excluding them. The second part of the paper places Hart and Sacks in a larger historical and comparative context of efforts to solve the problem of social order by way of legal rationality. These two parts were preceded in the original paper by a long discussion, now lost but never very satisfying to me, of the Hart and Sacks theory of “private ordering” in relation to state regulatory power. I wrote the paper for extra credit in the spring of 1970 as a third year student at the Yale Law School. I’ve corrected a few typos but haven’t changed it in any other way. I never published it but it was circulated to a limited extent among Legal Process devotees. Eskridge and Frickey, editors of the Materials as published finally in 1994, credit it, along with another unpublished student paper by Roberto Unger, with hastening the demise of the Materials as a master text. The first part of this version of the paper was recently published in Droit et Philosophie, no. 13, p. 97-117 (2021). (shrink)

he accessibility and quality of legal services in India face substantial challenges, primarily due to limited transparency, high costs, and a fragmented network of service providers. This study proposes an incentive-based e-marketplace that connects citizens with a wide array of qualified legal professionals. The platform's unique model rewards high-quality service through client feedback, referrals, and professional milestones, creating a transparent, efficient, and user-friendly digital marketplace. This research paper discusses the platform’s architecture, incentive mechanisms, user interface, and initial results (...) from user engagement analysis, illustrating how the proposed solution enhances service accessibility, quality, and engagement in the legal domain. (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)

One of the most detailed early modern discussions of the morality of esteem can be found in the work of the reformed jurist and historian Marquard Freher (1565–1614). Since the question of how much esteem others deserve is fraught with a high degree of uncertainty, Freher relied on the work of other legal humanists, who discussed questions of esteem from the perspective of arguments from the presumption of goodness. The humanist approach to the presumption of goodness integrated considerations about (...) presumed non-delinquency with considerations concerning natural needs, natural rights and natural duties grounded in natural rational capacities common to all (grown-up, healthy) human beings. It advised us to fulfill natural duties that derive from the natural need of being held in good esteem by others, and to develop socially valuable attitudes such as trust and positive emotions toward others. At the same time, this approach was responsive to considerations of prudence, both in grounding the presumption of goodness in considerations concerning causal powers and in balancing the presumption of goodness against a variety of presumptions of badness. Freher applied this understanding of the presumption of goodness to political practice in his role as an advisor to the Palatinate. (shrink)

This book introduces readers to the many arguments and controversies concerning abortion. While it argues for ethical and legal positions on the issues, it focuses on how to think about the issues, not just what to think about them. It is an ideal resource to improve your understanding of what people think, why they think that and whether their (and your) arguments are good or bad, and why. It's ideal for classroom use, discussion groups, organizational learning, and personal reading. (...) -/- From the Preface -/- To many people, abortion is an issue for which discussions and debates are frustrating and fruitless: it seems like no progress will ever be made towards any understanding, much less resolution or even compromise. -/- Judgments like these, however, are premature because some basic techniques from critical thinking, such as carefully defining words and testing definitions, stating the full structure of arguments so each step of the reasoning can be examined, and comparing the strengths and weaknesses of different explanations can help us make progress towards these goals. -/- When emotions run high, we sometimes need to step back and use a passion for calm, cool, critical thinking. This helps us better understand the positions and arguments of people who see things differently from us, as well as our own positions and arguments. And we can use critical thinking skills help to try to figure out which positions are best, in terms of being supported by good arguments: after all, we might have much to learn from other people, sometimes that our own views should change, for the better. -/- Here we use basic critical thinking skills to argue that abortion is typically not morally wrong. We begin with less morally-controversial claims: adults, children and babies are wrong to kill and wrong to kill, fundamentally, because they, we, are conscious, aware and have feelings. We argue that since early fetuses entirely lack these characteristics, they are not inherently wrong to kill and so most abortions are not morally wrong, since most abortions are done early in pregnancy, before consciousness and feeling develop in the fetus. -/- Furthermore, since the right to life is not the right to someone else’s body, fetuses might not have the right to the pregnant woman’s body—which she has the right to—and so she has the right to not allow the fetus use of her body. This further justifies abortion, at least, until technology allows for the removal of fetuses to other wombs. Since morally permissible actions should be legal, abortions should be legal: it is an injustice to criminalizing actions that are not wrong. -/- In the course of arguing for these claims, we: 1. discuss how to best define abortion; 2. dismiss many common “question-begging” arguments that merely assume their conclusions, instead of giving genuine reasons for them; 3. refute some often-heard “everyday arguments” about abortion, on all sides; explain why the most influential philosophical arguments against abortion are unsuccessful; 4. provide some positive arguments that at least early abortions are not wrong; 5. briefly discuss the ethics and legality of later abortions, and more. -/- This essay is not a “how to win an argument” piece or a tract or any kind of apologetics. It is not designed to help anyone “win” debates: everybody “wins” on this issue when we calmly and respectfully engage arguments with care, charity, honesty and humility. This book is merely a reasoned, systematic introduction to the issues that we hope models these skills and virtues. Its discussion should not be taken as absolute “proof” of anything: much more needs to be understood and carefully discussed—always. (shrink)

Digitalisation has lent the right to privacy increasing philosophical and legal relevance. However, privacy’s epistemic status and associated normative values are constantly subject to radical criticisms. This article investigates the validity, in theory and practice, of three radical critiques of privacy. A review of the philosophical and interdisciplinary discourse on privacy during the last half century is followed by analyses of recent legal developments within the EU. Privacy emerges as a highly differentiated and powerful tool to protect individuals (...) and social relations and to limit and redistribute power. However, the right to privacy remains far from realising its practical potential. (shrink)

Ambient assisted living technologies are increasingly presented and sold as essential smart additions to daily life and home environments that will radically transform the healthcare and wellness markets of the future. An ethical approach and a thorough understanding of all ethics in surveillance/monitoring architectures are therefore pressing. AAL poses many ethical challenges raising questions that will affect immediate acceptance and long-term usage. Furthermore, ethical issues emerge from social inequalities and their potential exacerbation by AAL, accentuating the existing access gap between (...) high-income countries and low and middle-income countries. Legal aspects mainly refer to the adherence to existing legal frameworks and cover issues related to product safety, data protection, cybersecurity, intellectual property, and access to data by public, private, and government bodies. Successful privacy-friendly AAL applications are needed, as the pressure to bring Internet of Things devices and ones equipped with artificial intelligence quickly to market cannot overlook the fact that the environments in which AAL will operate are mostly private. The social issues focus on the impact of AAL technologies before and after their adoption. Future AAL technologies need to consider all aspects of equality such as gender, race, age and social disadvantages and avoid increasing loneliness and isolation among, e.g. older and frail people. Finally, the current power asymmetries between the target and general populations should not be underestimated nor should the discrepant needs and motivations of the target group and those developing and deploying AAL systems. Whilst AAL technologies provide promising solutions for the health and social care challenges, they are not exempt from ethical, legal and social issues. A set of ELSI guidelines is needed to integrate these factors at the research and development stage. (shrink)

In Between Facts and Norms (1992) Habermas set out a theory of law and politics that is linked both to our high normative expectations and to the realities consequent upon the practices and institutions meant to put them into effect. The article discusses Hugh Baxter’s Habermas: The Discourse Theory of Law and Democracy and the drawbacks he finds in Habermas’ theory. It focuses on raising questions about and objections to some of the author’s leading claims.

The aim of this exploratory paper is to review an under-appreciated parallel between group agency and artificial intelligence. As both phenomena involve non-human goal-directed agents that can make a difference to the social world, they raise some similar moral and regulatory challenges, which require us to rethink some of our anthropocentric moral assumptions. Are humans always responsible for those entities’ actions, or could the entities bear responsibility themselves? Could the entities engage in normative reasoning? Could they even have rights and (...) a moral status? I will tentatively defend the (increasingly widely held) view that, under certain conditions, artificial intelligent systems, like corporate entities, might qualify as responsible moral agents and as holders of limited rights and legal personhood. I will further suggest that regulators should permit the use of autonomous artificial systems in high-stakes settings only if they are engineered to function as moral (not just intentional) agents and/or there is some liability-transfer arrangement in place. I will finally raise the possibility that if artificial systems ever became phenomenally conscious, there might be a case for extending a stronger moral status to them, but argue that, as of now, this remains very hypothetical. (shrink)

Recreational Drugs European Network (ReDNet) project aims to use the Psychonaut Web Mapping Project database (Psychonaut Web Mapping Group, 2009) containing novel psychoactive compounds usually not mentioned in the scientific literature and thus unknown to clinicians as a unique source of information. The database will be used to develop an integrated ICT prevention approach targeted at vulnerable individuals and focused on novel synthetic and herbal compounds and combinations. Particular care will be taken in keeping the health professionals working directly with (...) young people showing problematic behaviors regularly updated in terms of novel compounds and combinations as well. A user-friendly project website will be developed aimed primarily at delivering the information/prevention approaches, but will also be a way of communicating with project partners and relevant stakeholders (e.g. thematic forum facilities, instant messages, blogs, video chat, wikiblog, newsletters distributed via mailing list). The website will support various ICT prevention tools, including an SMS alert service. Different areas and sections will be aimed specifically at the different target groups. -/- . (shrink)

Legal philosophers and property scholars sometimes disagree over one or more of the following: the meaning of the word 'property,' the concept of property, and the nature of property. For much of the twentieth century, the work of W.N. Hohfeld and Tony Honoré represented a consensus around property. The consensus often went under the heading of property as bundle of rights, or more accurately as a set of normative relations between persons with respect to things. But by the mid-l (...) 990s, the consensus was under attack. Key figures in the attack were James Penner, a legal philosopher, and Thomas W. Merrill and Henry E. Smith, two highly regarded professors of property law. This article aims to repel the attack and argues for property as a set of normative relations between persons with respect to things. The positive case for this view of property pays special attention to the philosophy of language and the analysis of concepts. The positive case also maintains that the right to use and the power to transfer are as central to property as the right to exclude. It is possible that the virtues of Smith's modular theory of property differ from the virtues of a well-crafted bundle theory. Indeed, it may be the case that these two theories throw light on different features of property law and are not, save at the margin, competitors with each other. The label 'new essentialism' sometimes applied to the work of Penner, Merrill, and Smith seems inapt if property does not have an essence. Of course, they might refuse the label. (shrink)

In this introduction, I briefly summarize Sophia Moreau's Faces of Inequality. I situate her monograph within two highly contemporary bodies of literature — relational egalitarianism and discrimination theory — to show how it provides important insights for understanding both what it means to treat others as equals in society and how to define wrongful discrimination. Moreau's work on discrimination is of great relevance for philosophers and socio-legal theorists alike as the commentaries from the symposium contributors demonstrate, including Dale Smith, (...) Pablo Gilabert, Andrea Sangiovanni, Daniel Viehoff, Jessica Eisen, Alysia Blackham, and Iyiola Solanke. (shrink)

Sex work is highly gendered, with 80 percent of sex workers being female, and the vast majority of buyers of sex being male. It is often taken for granted that this is how it is, and implicit in much of the debate around sex work is the assumption that it is inherently gendered. In this paper, I question this assumption, drawing on sociological research to challenge arguments which purport that it is inconceivable that women would ever want to pay for (...) sex, or that sex work would exist under conditions of gender equality. I argue that gendered sexual norms likely are a significant reason for why sex work is so gendered, but sex work would probably continue to exist under conditions of gender equality, due to the diversity in motivations people have for buying and selling sex. Acknowledging that sex work is not inherently gendered is important for (at least) two reasons. First, it is probable that the gendered nature of sex work contributes to the stigma and bad treatment that sex workers, particularly female ones, face. Secondly, if sex work is not inherently gendered, this will have implications for how we should think about it, morally, practically, and legally. (shrink)

This article argues that the many reasons for softening Australia’s position on refugees are idealistic, humanitarian, legal, practical and economic .The idealistic reasons are that Australia, already with a high percentage of its people with an immigrant background , could demonstrate the ability of the many different races of world to live together without excessive conflict.

According to the High Court in England and Wales, the primary purpose of legal interventions into the lives of vulnerable adults with mental capacity should be to allow the individuals concerned to regain their autonomy of decision making. However, recent cases of clinical decision making involving capacitous vulnerable adults have shown that, when it comes to medical law, medical ethics and clinical practice, vulnerability is typically conceived as opposed to autonomy. The first aim of this paper is to detail (...) the problems that arise when the courts and health care practitioners respond to the vulnerability of capacitous adults on the basis of such an opposition. It will be shown that not only does the common law approach to vulnerability fail to adequately capture the autonomy of capacitous vulnerable adults, the conception of vulnerability and autonomy in oppositional terms leads to objectionably paternalistic health care responses that undermine the autonomy of vulnerable patients as well as clinical and legal interventions that violate their autonomy. In response, the second aim of this paper is to show that the concepts of autonomy and vulnerability are necessarily entwined and, on that basis, the focus should be on promoting the autonomy of capacitous vulnerable adults where possible. In order to make this case, the paper explains the limitations of standard approaches to the autonomy of vulnerable adults and, in their place, offers a conception of legitimate, self-authorised autonomy that is fundamentally dependent on intersubjective practices of recognition. (shrink)

Abortion remains a highly controversial issue in many countries and subject to intense public debate. The aim of this chapter is to summarize the most prominent assumptions and arguments concerning the moral and legal dimensions of abortion on which this debate rests. Where the moral justifiability of abortion is concerned, this chapter focuses on arguments relating to the moral status of the fetus or embryo, the notion of personhood, the biological development of the embryo or fetus, and the moral (...) relevance of specific points in the developmental process. In terms of the legal aspects, we consider concepts and principles invoked at law, principally, the rights of pregnant women and the medical concept of viability. For each moral and legal position in the abortion debate, we provide an overview of the principal assumptions and arguments and acknowledge the main criticisms. (shrink)

The purpose of college and university ranking mainly resides to assist with the students in choosing their schools and programs at the level they wish to study. The US News and World Report (USNWR) graduate programs ranking is notable that evaluates the graduate level programs uniquely and in contrast with other general subject rankings. Along with the reputation of source, this specificity enables to enjoy a number of subscribers in making an application decision about which school or program is competitive (...) and personally fits. Given the study of national research council is most exhaustive and authoritative ranking source on research doctorates, called Ph.Ds, the ranking of professional schools, for instance, law schools, medical schools, nursing schools and on, as presented to the students in USNWR is very determinative in deciding which school I choose. In this light, the following tables show a ranking that has been yielded on the diversity and quality of graduate and research doctorate programs as well as law studies specifically. Therefore, the tables can be referred to a vast of interested people on the graduate studies in the United States. The last part of reference can be referred not only by JD students, but also by researchers in the graduate law programs. Since some small or exclusively JD-oriented law schools are not available of LL.M or graduate study, the users of table are expected to read consciously. The ranking table has a threshold to qualify so as to be enlisted that the top 44 law schools in all specialties exclusively had been selected and ranked according to the average of two subjects. As said, it could be used secondarily to refer in deciding the schools on the application of general LL.M program. Given the junior scholarly nature of LL.M. or graduate law programs, it is considered that the legal writing program is half factored to select the schools. The column 1 and 2 transcribes the US ranking, which are added for a sum in column 3. Least number is placed at top and less number attains a high ranking correspondingly thorough the end of institution. The first and second parts of this work show the top universities according to the number of programs, whose possible highest rating is placed within the range 1st -17th in either R or S rank of most recent 2010 NRC assessment and roughly same range in the USNWR graduate programs ranking. They are prepared from the revised NRC report published in 2011, which is most recent as well as based on the 2021 version of USNWR. Both data will be incorporated into my current project concerning the American higher education and graduate studies. (shrink)

Background: Food biofortification practices in agricultural sectors involve the process of employing biotechnology to enhance the nutritional content of crops during their growth process. Biofortification makes foods even more nutritious and highly functional for addressing malnutrition among children. These practices in farming industries need guidance and legal support from various national policies to support high-quality supplies of school meals fully. Aim: This study aims to analyze the association between various national policies and the implementation of food biofortification practices in (...) agricultural sectors among countries implementing school meal programs. Methods: The Bayesian Mindsponge Framework, combining the reasoning strengths of Mindsponge Theory and inference advantages of Bayesian analysis, was employed on a dataset of 126 government representatives who manage large-scale school meal programs in 126 different countries. Results: Findings showed that food safety policy was positively associated with food biofortification practices in agricultural sectors among countries implementing school meal programs. In contrast, nutrition policy had a significant negative association with these practices. Additionally, policies of school feeding, health, agriculture, and the private sector had unclear associations with food biofortification. Conclusions: Findings underscore the strong position of food safety policy in guiding food biofortification practices in agricultural sectors among countries implementing school meal programs. There is a need to re-assess the implemented nutrition policy due to its significant negative association with these practices. Enhancing and strengthening the policies of school feeding, health, agriculture, and the private sector may increase their potencies in giving positive impacts on food biofortification practices in agricultural sectors to ensure high-quality school meal supplies. (shrink)

AI companies are racing to create artificial general intelligence, or “AGI.” If they succeed, the result will be human-level AI systems that can independently pursue high-level goals by formulating and executing long-term plans in the real world. Leading AI researchers agree that some of these systems will likely be “misaligned”–pursuing goals that humans do not desire. This goal mismatch will put misaligned AIs and humans into strategic competition with one another. As with present-day strategic competition between nations with incompatible goals, (...) the result could be violent and catastrophic conflict. Existing legal institutions are unprepared for the AGI world. New foundations for AGI governance are needed, and the time to begin laying them is now, before the critical moment arrives. -/- This Article begins to lay those new legal foundations. It is the first to think systematically about the dynamics of strategic competition between humans and misaligned AGI. The Article begins by showing, using formal game-theoretic models, that, by default, humans and AIs will be trapped in a prisoner’s dilemma. Both parties’ dominant strategy will be to permanently disempower or destroy the other, even though the costs of such conflict would be high. -/- The Article then argues that a surprising legal intervention could transform the game theoretic equilibrium and avoid conflict: AI rights. Not just any AI rights would promote human safety. Granting AIs the right not to be needlessly harmed–as humans have granted to certain non-human animals–would, for example, have little effect. Instead, to promote human safety, AIs should be given those basic private law rights–to make contracts, hold property, and bring tort claims–that law already extends to non-human corporations. Granting AIs these economic rights would enable long-run, small-scale, mutually-beneficial transactions between humans and AIs. This would, we show, facilitate a peaceful strategic equilibrium between humans and AIs for the same reasons economic interdependence tends to promote peace in international relations. Namely, the gains from trade far exceed those from war. Throughout, we argue that human safety, rather than AI welfare, provides the right framework for developing AI rights. This Article explores both the promise and the limits of AI rights as a legal tool for promoting human safety in an AGI world. (shrink)

The increasing use of Generative AI raises many ethical, philosophical, and legal issues. A key issue here is uncertainties about how different degrees of Generative AI assistance in the production of text impacts assessments of the human authorship of that text. To explore this issue, we developed an experimental mixed methods survey study (N = 602) asking participants to reflect on a scenario of a human author receiving assistance to write a short novel as part of a 3 (high, (...) medium, or low degrees of assistance) X 2 (human or AI assistant) factorial design. We found that, for a human author, the degree of assistance they receive matters for our assessments of their level of authorship, creatorship, and responsibility, but not what or who rendered that assistance, although it was more important to disclose human rather than AI assistance. However, in our assessments of the assisting agent, human assistants were viewed as warranting higher rates of authorship, creatorship, and responsibility, compared to AI assistants rendering the same level of support. These results help us to better understand emerging norms around collaborative human-AI generated text, with implications for other types of collaborative content creation. (shrink)

Sentencing outcomes turn on moral and evaluative determinations. For example, a finding of “irreparable corruption” is generally a precondition for juvenile life without parole. A finding that the “aggravating factors outweigh the mitigating factors” determines whether a defendant receives the death penalty. Should such moral determinations that expose defendants to extraordinary penalties be subject to a standard of proof? A broad range of federal and state courts have purported to decide this issue “in the abstract and without reference to our (...) sentencing case law,” as the Supreme Court recently put it. Kansas v. Carr, 577 U.S. 108, 119 (2016). According to these courts, “it would mean nothing” to ask whether the defendant “deserves mercy beyond a reasonable doubt” or “more-likely-than-not deserves it” because moral questions are not “factual.” Instead, moral determinations are highly subjective “value calls” to which concepts of doubt and certainty do not intelligibly apply. -/- Implicit in these rulings is a controversial view of the nature of moral judgment. This Article traces the contours of the view and argues that it is out of step with the way the broader public thinks about morality and fails to address the issues defendants have raised. Courts should avoid wading into such controversial waters for two reasons. First, the judiciary has historically maintained neutrality on issues of significant public concern. Second, even if moral determinations are not factual, applying a standard of proof to at least some moral decisions at sentencing would change the outcome of the sentencer’s deliberations, and improve the legitimacy of the legal system. For the reasonableness of doubt depends on context; and moral questions—"are you certain the defendant deserves death?”—make salient the stakes relative to which a person should decide what to believe about ordinary empirical matters. On the resulting view, reasonable doubt in the final moral analysis is not just intelligible, but essential for correcting a bias in the structure of the bifurcated criminal trial that systematically disadvantages defendants: the tendency for de-contextualized "factual findings” in the guilt phase to control outcomes at sentencing. (shrink)

Accusations of sexual creepiness are on the rise, but are such accusations morally problematic? Legal scholar Heidi Matthews thinks so, arguing that sexual creepiness as a category is in tension with liberal and progressive moral commitments. Principled liberals and progressives can reject creepiness as a category, but the costs of abandoning sexual creepiness may be high. Empirical findings about who gets accused of being creepy suggest that the creepiness norm is being repurposed to control male sexual advances in two (...) ways: first, by discouraging substandard male suitors from approaching young women unlikely to be interested in them (“prefiltration”), and second, by deflecting eligible older men away from young women and towards older women (“redirection”). If something like this hypothesis is correct, the ethical question liberals and progressives must wrestle with is whether these benefits justify maintenance of a norm that is (inter alia) lookist, ageist, sexist, sex-negative, and neuronormative. (shrink)

A consensus in a scientific community is often used as a resource for making informed public-policy decisions and deciding between rival expert testimonies in legal trials. This paper contains a social-epistemic analysis of the high-profile Bendectin drug controversy, which was decided in the courtroom inter alia by deference to a scientific consensus about the safety of Bendectin. Drawing on my previously developed account of knowledge-based consensus, I argue that the consensus in this case was not knowledge based, hence courts’ (...) deference to it was not epistemically justified. I draw sceptical lessons from this analysis regarding the value of scientific consensus as a desirable and reliable means of resolving scientific controversies in public life. (shrink)

With recent advancements in systems engineering and artificial intelligence, autonomous agents are increasingly being called upon to execute tasks that have normative relevance. These are tasks that directly—and potentially adversely—affect human well-being and demand of the agent a degree of normative-sensitivity and -compliance. Such norms and normative principles are typically of a social, legal, ethical, empathetic, or cultural nature. Whereas norms of this type are often framed in the abstract, or as high-level principles, addressing normative concerns in concrete applications (...) of autonomous agents requires the refinement of normative principles into explicitly formulated practical rules. This paper develops a process for deriving specification rules from a set of high-level norms, thereby bridging the gap between normative principles and operational practice. This enables autonomous agents to select and execute the most normatively favourable action in the intended context premised on a range of underlying relevant normative principles. In the translation and reduction of normative principles to SLEEC rules, we present an iterative process that uncovers normative principles, addresses SLEEC concerns, identifies and resolves SLEEC conflicts, and generates both preliminary and complex normatively-relevant rules, thereby guiding the development of autonomous agents and better positioning them as normatively SLEEC-sensitive or SLEEC-compliant. (shrink)

Concerns about emerging and re-emerging infectious diseases have given a new lease of life to quarantinist measures: a series of time-honoured techniques for controlling the spread of infectious diseases through breaking the chain of human contagion. Since such measures typically infringe individual rights or privacy their use is subject to legal regulations and gives rise to ethical and political worries and suspicions. Yet in some circumstances they can be very effective. After considering some case studies that show how epidemics (...) are unique, fluid and affected by a multitude of contingent factors, it is argued that the legal and ethical guidelines may not always be the best approach to discipline the use of quarantinist measures. An alternative model based on ex-post political accountability for reasonableness is proposed. This model restores the centrality of political decision and expert judgement in situations characterized by high risk, uncertainty and contingency. It is argued that such alternative model affords quicker and more flexible responses to serious outbreaks of infections, while providing adequate protection against abuses. (shrink)

Civil disobedience, despite its illegal nature, can sometimes be justified vis-à-vis the duty to obey the law, and, arguably, is thereby not liable to legal punishment. However, adhering to the demands of justice and refraining from punishing justified civil disobedience may lead to a highly problematic theoretical consequence: the debilitation of civil disobedience. This is because, according to the novel analysis I propose, civil disobedience primarily functions as a costly social signal. It is effective by being reliable, reliable by (...) being costly, and costly primarily by being punished. My analysis will highlight a distinctive feature of civil disobedience: civil disobedients leverage the punitive injustice they suffer to amplify their communicative force. This will lead to two paradoxical implications. First, the instability of the moral status of both civil disobedience and its punishment to the extent where the state may be left with no permissible course of action with regard to punishing civil disobedience. Second, by refraining from punishing justified civil disobedience, the state may render uncivil disobedience—illegal political activities that fall short of the standards of civil disobedience—potentially permissible. (shrink)

In “Confucianism and Same-Sex Marriage,” published recently in Politics and Religion, Professor Tongdong Bai argues for a “moderate Confucian position on same-sex marriage,” one that supports its legalization and yet endeavors “to use public opinion and social and political policies to encourage heterosexual marriages, and to prevent same-sex marriages from becoming the majority form of marriages” (Bai 2021:146). Against the backdrop of downright homophobia prevalent among vocal Confucians in mainland China today, Bai claims that his pro-legalization rendition “show[s] a different (...) version of Confucianism that challenges the received perception of Confucianism that it is deeply conservative, a perception that often lies at the core of the rejection of its contemporary relevance, especially by the so-called ‘liberals’ in China and elsewhere” (Bai 2021:133). Furthermore, Bai claims that his moderate Confucianism is normatively preferrable to “the typical liberal or individualist position” of a marriage equality supporter, because the specter of polygamy – the conservative trope of invoking polygamy as a reductio ad absurdum against same-sex marriage – imposes “a serious challenge” to liberals but not to moderate Confucians (Bai 2021:146, 153). -/- Both of Bai’s claims falter upon scrutiny, however. Granted, it is applaudable that Bai tries to dissuade his more conservative Confucian colleagues from opposing the legalization of same-sex marriage. But as Section 1 of this Response will show, the alternative rendition of Confucianism he presents, along with the way he presents it, is premised on a highly contested conception of what shared Confucian values are; does injustice to Confucians who embrace marriage equality more unreservedly (i.e., without caveats à la Bai); fails to produce new arguments that “enrich the theoretical basis for same-sex marriage” (Bai 2021:133); and, ironically, reinforces – rather than “challenges” – the “received perception” of Confucianism as deeply conservative. Meanwhile, Section 2 will show that Bai’s comparison between liberalism and moderate Confucianism relies both upon an apparent unfamiliarity with the extensive and nuanced liberal discussions on polygamy, and upon fallacious methods of assessing comparative normative valence. -/- Finally, Section 3 will offer some concluding thoughts from the perspective of decolonial theory, examining the dynamic of spectacularized postcoloniality that propels the production and consumption of dubious theoretical projects like Bai’s. As it turns out, this case serves not only as a cautionary tale of how not to conduct comparative normative theorizing, but also as a cautionary tale of how not to let the spectacle of postcoloniality derail the pursuit of academic decolonization. (shrink)

This Essay discusses whether U.S. law is ready for artificial intelligence (“AI”) which is headed down the road of blurring the line between human and machine minds. Perhaps the most high-profile and recent examples of AI are Large Language Models (“LLMs”) such as ChatGPT and Google Gemini that can generate written text, reason and analyze in a manner that seems to mimic human capabilities. U.S. law is based on English common law, which in turn incorporates Christian principles that assume the (...) dominance and uniqueness of humankind. U.S. law assumes human communication skills are accompanied by attributes such as consciousness and Free Will (“FW”) that, in turn, underpin critical legal concepts such as mens rea – i.e., intent. Philosophers and others generally agree that consciousness is necessary for FW. On the assumption that human beings possess consciousness that supports FW, the law thereafter deems human beings capable of acting with legal consequences, from entering into contracts to committing crimes. With a focus on LLMs, the Essay suggests that U.S. law may struggle to respond to AI because the technology disrupts the law’s assumptions regarding the uniqueness of human traits and abilities such as consciousness, FW, written communications and reasoning. (shrink)

Summary Background Self-binding directives instruct clinicians to overrule treatment refusal during future severe episodes of illness. These directives are promoted as having potential to increase autonomy for individuals with severe episodic mental illness. Although lived experience is central to their creation, service users’ views on self-binding directives have not been investigated substantially. This study aimed to explore whether reasons for endorsement, ambivalence, or rejection given by service users with bipolar disorder can address concerns regarding self-binding directives, decision-making capacity, and human (...) rights. Methods This study used qualitative data from an internet-based survey distributed to the mailing list of the UK charity Bipolar UK, which contained multiple closed and open questions on advance decision-making in bipolar disorder. Quantitative analysis of a closed question about self-binding directives had already demonstrated endorsement amongst a very high proportion of participants with bipolar disorder who completed the survey. We conducted thematic analysis of responses from those participants who answered a subsequent open question about reasons for their view. Research was co-produced within a multi-disciplinary team, with clinical, legal, and ethical expertise, and lived experience of bipolar disorder. Ideas and methodologies associated with all these areas of expertise were used in the analysis of these reasons and to gain insight into the thoughts of individuals with bipolar disorder about self-binding directives and associated issues. Findings Between Oct 23 and Dec 5, 2017, 932 individuals with a self-reported clinical diagnosis of bipolar disorder completed the internet survey, with 565 (154 men; 400 women; 11 transgender or other) providing free text answers to the open question. A large majority of respondents endorsed self-binding directives, nearly all describing a determinate shift to types of distorted thinking and decision-making when unwell as their key justification. Responses indicating ambivalence were dominated by logistical concerns about the drafting and implementation of self-binding directives, while those who rejected self-binding directives also cited logistical concerns, validity of their thinking when unwell, and potential contravention of human rights. Interpretation This study is, to our knowledge, the first large study of reasons why mental health service users might endorse or reject the use of self-binding directives. The findings provide empirical support for introducing self-binding directives into mental health advance decision-making practice and policy and may help to address enduring ethical concerns surrounding possible implementation of the directive while a person retains decision-making capacity. The opinions expressed here in responses given by multiple service users with bipolar disorder challenge a prominent view within international disability rights debates that involuntary treatment and recognition of impaired mental capacity constitute inherent human rights violations. Funding The Wellcome Trust . (shrink)

I will argue that physicians have an ethical obligation to justify their conscientious objection and the most reliable interpretation of the Polish legal framework claims that conscientious objection is permissible only when the justification shows the genuineness of the judgment of conscience that is not based on false beliefs and arises from a moral norm that has a high rank. I will demonstrate that the dogma accepted in the Polish doctrine that the reasons that lie behind conscientious objection in (...) medicine cannot be evaluated or controlled by anyone is based either on a mistaken interpretation of the Constitution or on the unreliable concept of conscience. I will refer to the legal regulations concerning military refusals that require from objectors to reveal and justify their views. Finally, I will demonstrate why conscientious objection under uncertainty does not deserve acceptance, because it is based on a specific version of the precautionary principle. (shrink)

The debate regarding the role of conscientious objection in healthcare has been protracted, with increasing demands for curbs on conscientious objection. There is a growing body of evidence that indicates that in some cases, high rates of conscientious objection can affect access to legal medical services such as abortion—a major concern of critics of conscientious objection. Moreover, few solutions have been put forward that aim to satisfy both this concern and that of defenders of conscientious objection—being expected to participate (...) in the provision of services that compromise their moral integrity. Here we attempt to bring some resolution to the debate by proposing a pragmatic, long-term solution offering what we believe to be an acceptable compromise—a quota system for medical trainees in specialties where a conscientious objection can be exercised, and is known to cause conflict. We envisage two main objectives of the quota system we propose. First, as a means to introduce conscientious objection into countries where this is not presently permitted. Second, to minimise or eliminate the effects of high rates of conscientious objection in countries such as Italy, where access to legal abortion provision can be negatively affected. (shrink)

Internet users fill in interactive forms with multiple fields, check/uncheck checkboxes, select options and agree to submit. People give their consents without keeping track of them. Dominance of the machine producing human consent is ubiquitous. Humanless bureaucratic procedures become embedded into routine usage of digital products and services automating human behavior. This bureaucracy does not make individuals wait in conveyor-like lines (which sometimes can cause a collective action), it patiently waits or suddenly pops up in an annoying message requiring immediate (...) action and consuming time. It follows pre-installed procedures so cannot be distracted or appealed to. It lacks what Sofia Ranchordás calls ‘administrative empathy’. Users can hardly reach through bureaucratic procedures and communicate with another human. An individual involved in these sequences of actions contributes to increasing the quantity of bureaucratic procedures. The algorithmic bureaucracy power resides in the limited ability of human beings to make conscious and informed decisions when dealing with high complexity levels. This ubiquity makes it virtually impossible for individuals to track and verify statuses and control binding power of all legal actions on the platform. The authors apply critical analysis to explore social implications, threats and possible alternatives for corporate and governmental algorithmic bureaucracy in the emerging digital society. (shrink)

Autonomous weapons systems, often referred to as ‘killer robots’, have been a hallmark of popular imagination for decades. However, with the inexorable advance of artificial intelligence systems (AI) and robotics, killer robots are quickly becoming a reality. These lethal technologies can learn, adapt, and potentially make life and death decisions on the battlefield with little-to-no human involvement. This naturally leads to not only legal but ethical concerns as to whether we can meaningful control such machines, and if so, then (...) how. Such concerns are made even more poignant by the ever-present fear that something may go wrong, and the machine may carry out some action(s) violating the ethics or laws of war. -/- Researchers, policymakers, and designers are caught in the quagmire of how to approach these highly controversial systems and to figure out what exactly it means to have meaningful human control over them, if at all. -/- In Designed for Death, Dr Steven Umbrello aims to not only produce a realistic but also an optimistic guide for how, with human values in mind, we can begin to design killer robots. Drawing on the value sensitive design (VSD) approach to technology innovation, Umbrello argues that context is king and that a middle path for designing killer robots is possible if we consider both ethics and design as fundamentally linked. Umbrello moves beyond the binary debates of whether or not to prohibit killer robots and instead offers a more nuanced perspective of which types of killer robots may be both legally and ethically acceptable, when they would be acceptable, and how to design for them. (shrink)

Over the last few years, various public, private, and NGO entities have adopted a staggering number of non-binding ethical codes to guide the development of artificial intelligence. However, this seemingly failed to drive better ethical practices within AI organizations. In light of this observation, this paper aims to reevaluate the roles the ethics of AI can play to have a meaningful impact on the development and implementation of AI systems. In doing so, we challenge the notion that AI ethics should (...) focus primarily on instilling ethical principles in practitioners within AI organizations, as well as the claim that AI ethics can only lead to ethics washing. We propose a two-pronged institutionalist approach to AI ethics, focusing on shaping organizational decision-making processes and emphasizing the necessity of binding legal regulations. First, we argue that AI ethics should give priority to institutional design over the internalization of ethical principles by individual practitioners. We then contend that legally binding rules are needed to this end, both as a motivation for organizations and to contribute to the semantic determination of high-level ethical principles. We then show that promising proposals to operationalize ethical principles require the backing of binding legal norms to be effective. We conclude by highlighting the potential of AI ethics to contribute meaningfully to legislative innovation in AI governance. (shrink)

When hospitals face surges of patients with COVID-19, fair allocation of scarce medical resources remains a challenge. Scarcity has at times encompassed not only hospital and intensive care unit beds—often reflecting staffing shortages—but also therapies and intensive treatments. Safe, highly effective COVID-19 vaccines have been free and widely available since mid-2021, yet many Americans remain unvaccinated by choice. Should their decision to forgo vaccination be considered when allocating scarce resources? Some have suggested it should, while others disagree. We offer a (...) framework for evaluating when it is ethical and briefly discuss its legality in American law. (shrink)

Driven by technological innovations, newborn screening (NBS) panels have been expanded and the development of genomic NBS pilot programs is rapidly progressing. Decisions on disease selection for NBS are still based on the Wilson and Jungner (WJ) criteria published in 1968. Despite this uniform reference, interpretation of the WJ criteria and actual disease selection for NBS programs are highly variable. A systematic literature search [PubMED search “Wilson” AND “Jungner”; last search 16.07.22] was performed to evaluate the applicability of the WJ (...) criteria for current and future NBS programs and the need for adaptation. By at least two reviewers, 105 publications (systematic literature search, N = 77; manual search, N = 28) were screened for relevant content and, finally, 38 publications were evaluated. Limited by the study design of qualitative text analysis, no statistical evaluation was performed, but a structured collection of reported aspects of criticism and proposed improvements was instead collated. This revealed a set of general limitations of the WJ criteria, such as imprecise terminology, lack of measurability and objectivity, missing pediatric focus, and absent guidance on program management. Furthermore, it unraveled specific aspects of criticism on clinical, diagnostic, therapeutic, and economical aspects. A major obstacle was found to be the incompletely understood natural history and phenotypic diversity of rare diseases prior to NBS implementation, resulting in uncertainty about case definition, risk stratification, and indications for treatment. This gap could be closed through the systematic collection and evaluation of real-world evidence on the quality, safety, and (cost-)effectiveness of NBS, as well as the long-term benefits experienced by screened individuals. An integrated NBS public health program that is designed to continuously learn would fulfil these requirements, and a multi-dimensional framework for future NBS programs integrating medical, ethical, legal, and societal perspectives is overdue. (shrink)

This chapter argues for deregulation of the credit-rating market. Credit-rating agencies are supposed to contribute to the informational needs of investors trading bonds. They provide ratings of debt issued by corporations and governments, as well as of structured debt instruments (e.g. mortgage-backed securities). As many academics, regulators, and commentators have pointed out, the ratings of structured instruments turned out to be highly inaccurate, and, as a result, they have argued for tighter regulation of the industry. This chapter shows, however, that (...) the role of credit-rating agencies in achieving justice in finance is not as great as these commentators believe. It therefore argues instead for deregulation. Since the 1930s, lawgivers have unjustifiably elevated the rating agencies into official, legally binding sources of information concerning credit risk, thereby unjustifiably causing many institutional investors to outsource their epistemic responsibilities, that is, their responsibility to investigate credit risk themselves. (shrink)

The access-to-justice movement broadly concerns the extent to which people have the ability to resolve legally actionable problems. To the extent that individuals seek resolution through civil litigation, they can be disadvantaged by their unmet need for legal services, particularly in high-stakes cases and complicated areas of law. I propose an innovative legal intervention to this problem called “compensatory preliminary damages,” which builds from the work of Gideon Parchomovsky and Alex Stein. I argue that preliminary damages should function (...) as compensatory awards for harm to a plaintiff’s ability to access justice, rather than a contingency loan that might make indigent plaintiffs worse off than before if they lose. By awarding such damages, courts make plaintiffs whole for harm to their access to justice that is not conditional on a decision after the merits or their final recovery for the injuries alleged. As such, the award would not need to be repaid. -/- . (shrink)

South African law currently forbids those seeking to arrange a surrogate motherhood agreement from creating a child that will not be genetically related to at least one of them. For a surrogacy contract to be legally valid, there must be a ‘genetic link’ between the child created through a surrogate and the parents who will raise it. Currently, this law is being challenged in the High Court of South Africa, and in this article I critically explore salient ethical facets of (...) the dispute. I argue that the law is unjust and should be revised. (shrink)

In her paper, The case for physician assisted suicide: not proven, Bonnie Steinbock argues that the experience with Oregon’s Death with Dignity Act fails to demonstrate that the benefits of legalising physician assisted suicide outweigh its risks. Given that her verdict is based on a small number of highly controversial cases that will most likely occur under any regime of legally implemented safeguards, she renders it virtually impossible to prove the case for physician assisted suicide. In this brief paper, we (...) suggest some ways that may enable us to weigh the risks and benefits of legalisation more fairly and, hopefully, allow us to close the case for physician assisted suicide. (shrink)

Controversially, psychologist and public intellectual Jordan Peterson advises “enforced monogamy” for societies with high percentages of “incels.” As Peterson’s proposal resonates in manosphere circles, this chapter reconstructs and briefly evaluates the argument for it. Premised on the moral importance of civilizational sustainability, advocates argue that both polygamous and socially monogamous but sexually liberal mating patterns result in unsustainable proportions of unattached young men. Given the premises, monogamous societies are probably justified in maintaining their anti-polygamist social and legal norms. The (...) case for imposing stricter sexual norms on socially monogamous but sexually liberal societies is weaker, however, as male involuntary celibacy in those places isn’t as directly caused by male intrasexual competition, and since less intrusive social interventions are more likely to ameliorate “the incel problem.”. (shrink)

The use of neuroscientific evidence in criminal trials has been steadily increasing. Despite progress made in recent decades in understanding the mechanisms of psychological and behavioral functioning, neuroscience is still in an early stage of development and its potential for influencing legal decision-making is highly contentious. Scholars disagree about whether or how neuroscientific evidence might impact prescriptions of criminal culpability, particularly in instances in which evidence of an accused’s history of mental illness or brain abnormality is offered to support (...) a plea of not criminally responsible. In the context of these debates, philosophers and legal scholars have identified numerous problems with admitting neuroscientific evidence in legal contexts. To date, however, less has been said about the challenges of evaluating the evidence upon which integrative mechanistic explanations that bring together evidence from different areas of neuroscience are based. As we explain, current criteria for evaluating such evidence to determine its admissibility in legal contexts are inadequate. Appealing to literature in the philosophy of scientific experimentation and theoretical work in the social, cognitive and behavioral sciences, we lay the groundwork for reforming these criteria and identify some of the implications of modifying them. (shrink)

According to the Behavioral View of consent, consent must be expressed in behavior in order to release someone from a duty. By contrast, the Mental View of consent is that normatively efficacious consent is entirely mental. In previous work, I defended a version of the Behavioral View, according to which normatively efficacious ‘consent always requires public behavior, and this behavior must take the form of communication in the case of high-stakes consent’. In this essay, I respond to two arguments by (...) proponents of the Mental View. First, Larry Alexander, Heidi Hurd and Peter Westen have argued that my view has mistaken implications concerning the culpability of different actors. I counter that my version of the view does not have these implications, as it leaves us free to draw moral and legal distinctions between different offences involving non-consensual behavior. Second, Larry Alexander and Kimberly Ferzan have argued for an analogy between consent and abandonment: on the grounds that the normative power to abandon resides in one’s will, Alexander and Ferzan concludes consent does too. I counter that abandonment requires behavior, and call into question the assumption that the ethics of property have much to teach us about the ethics of sexual consent. (shrink)