Legal literacy refers to an indispensable knowledge on legal matters that have a direct bearing on an individual’s responsibilities which enable them to function well in circumstances where relevant laws apply. In a true sense, legal issues that teachers encounter are the same ones bedeviling the society at large. The need to include legal literacy in teacher education is informed by the fact that cases involving school laws seldom address simple school related disagreements or right against (...) wrong, but somewhat intricate issues surrounding the differing interests of students, parents, teachers the state and administrators within the school set up. Teachers are placed at a precarious position since they are entrusted with tremendous responsibilities of making resolutions that affect the civil liberties of students, parents and colleagues for those in administrative positions. For that reason, educators cannot afford to be ignorant of the edict since lack of legal understanding can lead to a superfluous risk exposure. The study employed cross-sectional survey design that made it possible for the researchers to collect data at a given point in time and allow for an investigation of the present level of legal literacy among Kenyan educators. The design also allowed for a comparison of the level of legal literacy between new and experienced teachers. (shrink)

It could be argued that tort law is failing, and arguably an example of this failure is the recent public liability and insurance (‘PL&I’) crisis. A number of solutions have been proposed, but ultimately the chosen solution should address whatever we take to be the cause of this failure. On one account, the PL&I crisis is a result of an unwarranted expansion of the scope of tort law. Proponents of this position sometimes argue that the duty of care owed by (...) defendants to plaintiffs has expanded beyond reasonable levels, such that parties who were not really responsible for another’s misfortune are successfully sued, while those who really were to blame get away without taking any responsibility. However people should take responsibility for their actions, and the only likely consequence of allowing them to shirk it is that they and others will be less likely to exercise due care in the future, since the deterrents of liability and of no compensation for accidentally self-imposed losses will not be there. Others also argue that this expansion is not warranted because it is inappropriately fueled by ‘deep pocket’ considerations rather than by considerations of fault. They argue that the presence of liability insurance sways the judiciary to award damages against defendants since they know that insurers, and not the defendant personally, will pay for it in the end anyway. But although it may seem that no real person has to bear these burdens when they are imposed onto insurers, in reality all of society bears them collectively when insurers are forced to hike their premiums to cover these increasing damages payments. In any case, it seems unfair to force insurers to cover these costs simply because they can afford to do so. If such an expansion is indeed the cause of the PL&I crisis, then a contraction of the scope of tort liability, and a pious return to the fault principle, might remedy the situation. However it could also be argued that inadequate deterrence is the cause of this crisis. On this account the problem would lie not with the tort system’s continued unwarranted expansion, but in the fact that defendants really have been too careless. If prospective injurers were appropriately deterred from engaging in unnecessarily risky activities, then fewer accidents would ever occur in the first place, and this would reduce the need for litigation at its very source. If we take this to be the cause of tort law’s failure then our solution should aim to improve deterrence. Glen Robinson has argued that improved deterrence could be achieved if plaintiffs were allowed to sue defendants for wrongful exposure to ongoing risks of future harm, even in the absence of currently materialized losses. He argues that at least in toxic injury type cases the tortious creation of risk [should be seen as] an appropriate basis of liability, with damages being assessed according to the value of the risk, as an alternative to forcing risk victims to abide the outcome of the event and seek damages only if and when harm materializes. In a sense, Robinson wishes to treat newly-acquired wrongful risks as de-facto wrongful losses, and these are what would be compensated in liability for risk creation (‘LFRC’) cases. Robinson argues that if the extent of damages were fixed to the extent of risk exposure, all detected unreasonable risk creators would be forced to bear the costs of their activities, rather than only those who could be found responsible for another’s injuries ‘on the balance of probabilities’. The incidence of accidents should decrease as a result of improved deterrence, reduce the ‘suing fest’, and so resolve the PL&I crisis. So whilst the first solution involves contracting the scope of tort liability, Robinson’s solution involves an expansion of its scope. However Robinson acknowledges that LFRC seems prima facie incompatible with current tort principles which in the least require the presence of plaintiff losses, defendant fault, and causation to be established before making defendants liable for plaintiffs’ compensation. Since losses would be absent in LFRC cases by definition, the first evidentiary requirement would always be frustrated, and in its absence proof of defendant fault and causation would also seem scant. If such an expansion of tort liability were not supported by current tort principles then it would be no better than proposals to switch accident law across to no-fault, since both solutions would require comprehensive legal reform. However Robinson argues that the above three evidentiary requirements could be met in LFRC cases to the same extent that they are met in other currently accepted cases, and hence that his solution would therefore be preferable to no-fault solutions as it would only require incremental but not comprehensive legal reform. Although I believe that actual losses should be present before allowing plaintiffs to seek compensation, I will not present a positive argument for this conclusion. My aim in this paper is not to debate the relative merits of Robinson’s solution as compared to no-fault solutions, nor to determine which account of the cause of the PL&I crisis is closer to the truth, but rather to find out whether Robinson’s solution would indeed require less radical legal reform than, for example, proposed no-fault solutions. I will argue that Robinson fails to show that current tort principles would support his proposed solution, and hence that his solution is at best on an even footing with no-fault solutions since both would require comprehensive legal reform. (shrink)

Statistical evidence is crucial throughout disparate impact’s three-stage analysis: during (1) the plaintiff’s prima facie demonstration of a policy’s disparate impact; (2) the defendant’s job-related business necessity defense of the discriminatory policy; and (3) the plaintiff’s demonstration of an alternative policy without the same discriminatory impact. The circuit courts are split on a vital question about the “practical significance” of statistics at Stage 1: Are “small” impacts legally insignificant? For example, is an employment policy that causes a one percent (...) disparate impact an appropriate policy for redress through disparate impact litigation? This circuit split calls for a comprehensive analysis of practical significance testing across disparate impact’s stages. Importantly, courts and commentators use “practical significance” ambiguously between two aspects of practical significance: the magnitude of an effect and confidence in statistical evidence. For example, at Stage 1 courts might ask whether statistical evidence supports a disparate impact (a confidence inquiry) and whether such an impact is large enough to be legally relevant (a magnitude inquiry). Disparate impact’s texts, purposes, and controlling interpretations are consistent with confidence inquires at all three stages, but not magnitude inquiries. Specifically, magnitude inquiries are inappropriate at Stages 1 and 3—there is no discriminatory impact or reduction too small or subtle for the purposes of the disparate impact analysis. Magnitude inquiries are appropriate at Stage 2, when an employer defends a discriminatory policy on the basis of its job-related business necessity. (shrink)

After a fatal police shooting in the United States, it is typical for city and police officials to view the family of the deceased through the lens of the law. If the family files a lawsuit, the city and police department consider it their legal right to defend themselves and to treat the plaintiffs as adversaries. However, reparations and the concept of “reparative justice” allow authorities to frame police killings in moral rather than legal terms. When a police (...) officer kills a person who was not liable to this outcome, officials should offer monetary reparations, an apology, and other redress measures to the victim’s family. To make this argument, the article presents a philosophical account of non-liability hailing from self-defense theory, centering the distinction between reasonableness and liability. Reparations provide a non-adversarial alternative to civil litigation after a non-liable person has been killed by a police officer. In cases where the officer nevertheless acted reasonably, “institutional agent-regret” rather than moral responsibility grounds the argument for reparations. Throughout the article, it is argued that there are distinct racial wrongs both when police kill a non-liable black person and when family members of a black victim are treated poorly by officials in the civil litigation process. (shrink)

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

In India, the comprehension of children's rights and legal literacy among students is often hindered by traditional educational methods that fail to effectively communicate complex legal concepts. This project aims to address this gap by developing an interactive, gamified platform designed to enhance the understanding of children's rights through engaging, choice-based stories. The platform provides a dynamic learning environment where students can explore various rights by making decisions within interactive scenarios, allowing them to see the real-world implications (...) of their choices. By making the content relatable and practical, this approach seeks to improve students' ability to apply their knowledge in real-life situations and advocate for their rights more effectively. The platform's innovative use of story-based learning and visualizations will transform the way children's rights are taught, ensuring a deeper, more impactful understanding for young learners across India. (shrink)

The Violation of the Absolute Law of Free Will: The Consequences of Misinformation and the Flaws in Freedom of Speech -/- Introduction -/- Free will is often regarded as humanity’s defining characteristic—the ability to make choices based on conscious thought, personal experience, and available information. However, free will is not merely about the freedom to choose; it is intrinsically tied to the accuracy and reliability of the information upon which those choices are made. The absolute law of free will, when (...) correctly understood, dictates that human decision-making must be 100 percent dependent on correct information. Any deviation from this principle, through misinformation, disinformation, or ignorance, constitutes a violation of this law and results in imbalanced, often detrimental outcomes for individuals and society as a whole. -/- Complicating this issue is the modern interpretation and implementation of freedom of speech and expression. While these freedoms are fundamental to democratic societies, they come with inherent flaws when unchecked. The unregulated dissemination of false or misleading information under the guise of free speech creates significant challenges in maintaining the integrity of information and, consequently, free will. -/- The Foundation of Free Will: Correct Information -/- The exercise of genuine free will requires access to accurate, reliable information. Decisions made under false pretenses or incomplete knowledge are not truly free but are instead manipulated or constrained by external distortions. The mind operates like a system that processes inputs (information) to generate outputs (decisions and actions). If the input is flawed, the output will inevitably be compromised. -/- For instance, when individuals base their choices on misinformation—such as health-related decisions influenced by false medical advice—they act under the illusion of free will. However, their actions, though seemingly voluntary, are dictated by incorrect data. This demonstrates that true free will can only exist when individuals are fully informed by verifiable facts. -/- The Law of Karma and the Feedback Mechanism of Information -/- The universal law of karma, which involves the principle of cause and effect, also applies to the relationship between free will and information. Every decision and action causes a ripple effect that influences future outcomes. When decisions are made based on falsehoods, the resulting negative consequences, such as social conflict, health crises, and societal instability, reflect the karmic response to the imbalance created by misinformation. -/- Information functions as a feedback mechanism within societal systems. When this feedback loop is polluted with inaccuracies, the entire system becomes unstable. For example, the propagation of false information about climate change has delayed necessary global actions, causing environmental deterioration. The violation of free will through the spread of misinformation disrupts the natural balance of societal decision-making, leading to long-term consequences that extend beyond individual choices. -/- The Flaws In the Laws of Freedom of Speech and Expression -/- Freedom of speech and expression is a cornerstone of democratic societies, allowing individuals to voice their opinions, share ideas, and engage in open discourse. However, this freedom is not absolute and, when exercised irresponsibly, can directly violate the absolute law of free will. The flaws within these legal frameworks become evident when misinformation, disinformation, and harmful propaganda are disseminated without accountability. -/- 1. The Spread of Misinformation and Disinformation The unrestricted nature of freedom of speech has led to the proliferation of misinformation across social, political, and scientific domains. False narratives regarding health, such as anti-vaccine propaganda, have endangered public health and undermined free will by providing individuals with inaccurate information on which to base their decisions. -/- 2. The Manipulation of Public Opinion Political propaganda, fake news, and conspiracy theories exploit the principles of free speech to manipulate public perception. Authoritarian regimes and interest groups often use misinformation to influence elections, sway public opinion, and maintain power. When people make decisions based on manipulated narratives, their free will is compromised. -/- 3. The Role of Social Media and Digital Platforms Social media platforms, while fostering global communication, have amplified the spread of misinformation. Algorithms designed to maximize engagement often prioritize sensational or misleading content over factual information. The lack of regulatory measures on these platforms creates an environment where misinformation spreads more rapidly than truth, resulting in collective decision-making that violates the law of balance. -/- 4. The Challenge of Regulation Regulating freedom of speech without infringing upon individual liberties presents a significant challenge. Striking a balance between protecting free expression and preventing the spread of false information requires well-defined legal frameworks, global cooperation, and ethical considerations. -/- 5. Hate Speech and Its Societal Impact The misuse of freedom of speech to propagate hate speech, incite violence, and promote division disrupts societal harmony. Misinformation about certain groups, ethnicities, or religions fosters discrimination and social unrest, further violating the balance required for the proper exercise of free will. -/- The Societal Impact of Misinformation -/- Misinformation has far-reaching effects on societal structures, particularly in democratic systems where public decision-making relies heavily on the availability of correct information. The manipulation of information through propaganda, conspiracy theories, and biased media distorts collective free will, leading to decisions that do not reflect the genuine, informed will of the people. -/- Elections, for instance, are a prime example. When voters are misled by false narratives or deceptive political strategies, their electoral decisions are no longer expressions of true free will. The outcomes of such manipulated decisions often result in societal discord, poor governance, and disillusionment with democratic processes. In this way, misinformation violates the collective free will of entire populations. -/- The Role of Education in Upholding the Absolute Law of Free Will -/- To protect and uphold the absolute law of free will, society must prioritize a holistic educational system that emphasizes critical thinking, information literacy, and scientific inquiry. Education should equip individuals with the ability to discern fact from fiction, understand the sources of information, and recognize the potential biases inherent in various media channels. -/- An educational system grounded in the universal law of balance in nature can act as a safeguard against misinformation. By teaching individuals how to process information through rational, evidence-based methods, we can foster a societal environment where decisions are consistently made based on truth. This, in turn, ensures that free will is exercised in its purest form. -/- The Role of Artificial General Intelligence (AGI) in Preserving Free Will -/- The rapid advancement of AGI presents both challenges and opportunities regarding the preservation of free will. If AGI systems are designed based on the universal formula that emphasizes accurate information, natural balance, and critical thinking, they can become powerful tools for protecting free will. These systems can help filter misinformation, verify facts, and provide individuals with reliable data upon which to base their decisions. -/- However, the potential misuse of AGI, such as the intentional spread of disinformation for political or economic gain, represents a significant risk. Ensuring that AGI adheres to principles grounded in the universal law of balance and the law of cause and effect is essential to maintaining the integrity of human decision-making. -/- Conclusion -/- The absolute law of free will is inseparable from the requirement for correct information. Any decision made under the influence of misinformation, disinformation, or ignorance represents a fundamental violation of this law. The consequences of such violations are evident in societal conflicts, poor health outcomes, environmental degradation, and governance failures. -/- The flaws Inherent in the laws surrounding freedom of speech and expression further complicate this issue. While these freedoms are essential for societal growth and the exchange of ideas, their misuse creates significant obstacles to the proper exercise of free will. To safeguard free will, society must invest in education, promote information literacy, implement responsible regulations for free speech, and ensure the ethical development of AGI systems. -/- By adhering to the principle that free will is 100 percent dependent on correct information, humanity can create a more stable, balanced, and harmonious society, where individuals and communities alike can make decisions that align with the natural laws governing human behavior and societal development. -/- . (shrink)

Preventing Election Manipulation: Safeguards Against Propaganda and Hidden Motives -/- Elections are the foundation of democratic governance, ensuring that leadership reflects the will of the people. However, history has repeatedly shown that candidates can win by manipulating public perception through propaganda, misinformation, and by hiding their true motives. While such elections may be technically valid, they often lack ethical legitimacy, leading to governance that does not truly serve the public interest. To prevent election manipulation, societies must implement strong safeguards, including (...) media literacy education, independent journalism, strict election laws, social media regulation, political funding transparency, civic engagement, and whistleblower protections. By examining real-world examples from different countries, we can better understand how these measures strengthen democracy and protect the integrity of elections. -/- The Role of Media Literacy and Critical Thinking -/- One of the most effective ways to counter propaganda and manipulation is through media literacy education. When voters are equipped with the ability to critically analyze information, they are less likely to fall for deceptive political messaging. -/- Finland has integrated media literacy into its school curriculum, teaching students how to recognize misinformation, propaganda, and biased narratives. As a result, Finland ranks among the most resistant countries to fake news, demonstrating that an informed population is less susceptible to manipulation. -/- In Sweden, government agencies actively work with media organizations to educate citizens about misinformation, especially during election periods. -/- Estonia has taken a technological approach by incorporating digital literacy programs to help citizens distinguish between real and fake online content. -/- By investing in education that enhances critical thinking, societies can create an electorate that makes decisions based on truth rather than deception. -/- The Importance of Independent and Transparent Media -/- A free and independent press is crucial in exposing political deception and ensuring that voters have access to accurate information. Without independent journalism, political leaders can control narratives, suppress inconvenient truths, and mislead the public. -/- In the United States, investigative journalism has played a key role in exposing political corruption. The Watergate scandal, uncovered by journalists Bob Woodward and Carl Bernstein, led to the resignation of President Richard Nixon, demonstrating how the media can hold leaders accountable. -/- In South Korea, independent journalism was instrumental in exposing the corruption scandal involving former President Park Geun-hye, leading to mass protests and her eventual impeachment in 2017. -/- In India, independent news outlets like The Wire and Scroll continue to challenge misinformation and expose political propaganda, despite facing government pressure. -/- A strong and fearless media ensures that no political leader can manipulate elections without public scrutiny. -/- Strict Election Laws and Fact-Checking Institutions -/- Election laws must regulate campaign messaging, penalize misinformation, and promote transparency. Without strict regulations, candidates can use false narratives to mislead voters. -/- France bans political advertising on TV and radio in the months leading up to elections to prevent mass media manipulation. -/- Germany has strict laws against spreading false information that could influence election outcomes, including heavy fines for politicians or parties caught disseminating fake news. -/- South Africa has established the Electoral Commission, which monitors campaign activities and ensures fair political competition. -/- Additionally, independent fact-checking institutions play a vital role in verifying politicians’ claims. Organizations like PolitiFact in the U.S., Full Fact in the UK, and Africa Check in South Africa actively investigate political statements, providing voters with verified information. -/- Regulating Social Media to Prevent Manipulation -/- Social media has become a powerful tool for both legitimate political campaigns and misinformation. Without regulation, candidates can spread propaganda unchecked, influencing voter perceptions. -/- During Brazil’s elections, misinformation was widely spread through WhatsApp, influencing voter opinions. In response, WhatsApp limited the ability to forward mass messages to curb the spread of fake news. -/- The European Union has implemented strict digital regulations, requiring social media platforms like Facebook and Twitter to label political ads and remove false information that could influence elections. -/- In Indonesia, the government collaborates with technology companies to identify and remove fake news before it spreads during elections. -/- By regulating online political content and holding social media platforms accountable, governments can prevent digital platforms from becoming tools for manipulation. -/- Ensuring Transparency in Political Funding -/- When campaign financing is not transparent, wealthy donors, corporations, or even foreign entities can secretly influence elections to serve their own interests. Transparent funding laws ensure that voters know who is backing a candidate and why. -/- Canada enforces strict donation limits and public disclosure laws, preventing corporate and foreign influence in elections. -/- Mexico has implemented an independent electoral institute that monitors campaign financing to prevent corruption and ensure fair competition. -/- South Korea requires all political donations to be publicly disclosed, ensuring that funding sources are transparent. -/- When political funding is transparent, voters can assess whether a candidate is truly working for the public or for hidden interests. -/- Encouraging Civic Engagement and Public Debates -/- An engaged electorate is essential for a healthy democracy. Public debates allow candidates to present their policies while being questioned on their track records and potential contradictions. -/- Taiwan holds nationally televised public debates where candidates must defend their policies and respond to public concerns. -/- In Nigeria, civil society organizations organize town hall meetings where citizens can directly ask candidates about their plans and policies. -/- France requires presidential candidates to participate in at least one public debate before elections, ensuring that voters hear multiple perspectives. -/- By encouraging open discussion and debate, societies can reduce the effectiveness of propaganda and allow voters to make informed decisions. -/- Protecting Whistleblowers and Investigative Agencies -/- Corrupt and deceptive political campaigns can only be exposed if whistleblowers and investigative agencies are protected. When individuals feel safe to reveal political misconduct, democracy is strengthened. -/- Edward Snowden revealed mass government surveillance programs, sparking global discussions about privacy and state overreach. -/- In Ukraine, anti-corruption agencies and investigative journalists have exposed multiple cases of political fraud, leading to greater government transparency. -/- In Malaysia, whistleblower efforts exposed the 1MDB scandal, which involved billions of dollars in corruption at the highest levels of government, eventually leading to the prosecution of former Prime Minister Najib Razak. -/- Encouraging and protecting whistleblowers ensures that political leaders cannot hide their unethical actions from the public. -/- Conclusion -/- While manipulation, propaganda, and hidden motives remain threats to democracy, societies can take strong measures to prevent these tactics from determining election outcomes. By investing in media literacy, supporting independent journalism, enforcing strict election laws, regulating social media, ensuring financial transparency, encouraging civic engagement, and protecting whistleblowers, democracies can safeguard the integrity of elections. -/- Without these safeguards, democracy becomes vulnerable to manipulation, allowing candidates with hidden agendas to rise to power. However, countries that actively promote transparency, accountability, and critical thinking create an environment where deception is less effective. The fight against election manipulation is an ongoing challenge, but with the right policies and public awareness, fair elections can be preserved for future generations. -/- . (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)

Introduction. The development of legal culture and a culture of human rights in the modern world through media technologies, is acquiring special significance in connection with the processes of globalization and the spread of media in recent decades. The purpose of the article is to study the prospects for the use of media education in the formation of the legal social culture and a culture of human rights. Materials and methods. Based on a study of domestic and foreign (...) sources, issues of media education, media literacy, spiritual and moral education, the legal culture of society, the phenomenon of post-truth and ways of forming critical, creative thinking are considered. The use of general scientific, philosophical, and socio-pedagogical methods has made it possible to study media education as a dialogue of learning, stimulating the development of rational, critical thinking, focused on the search for the value foundations of intellectual and social activity. Results. The development of the field of information and communication technologies determines the principles for the formation of the content and orientation of modern education. Media education is interlinked with the development of democracy and human rights. It influences the formation of a culture of citizen participation, their active social position, civic and political culture. Media education plays a significant role in shaping the legal culture of society since critical media research and information research focuses on the analysis of power structures and structures of dominance in the media. A study of the interpretations of the concepts of "media education" and "media literacy" made it possible to show that media education focuses a person on a critical approach to media content. One of the main issues of media education is teaching a person the skills to critically study media and media technologies, which involves addressing the technological, cultural and historical specifics of specific media used at a specific time and place. Information and communication technologies have changed the way of life, work, communication, and ways of selfpresentation, the formation of values, participation in socially significant events. Therefore, a critical approach to mass media should be based on knowledge of socio-philosophical theories, ethics and research in the field of mass media. Discussion. Mass media are constructing a history of human rights, which updates the topic of the media policy of human rights, combining socio-legal, cultural and media theories. Education in the field of acquiring information perception skills, the ability to correctly understand the importance of audiovisual images, to competently handle and navigate information flows are necessary for the life of a modern person in society. (shrink)

Given that the law is helpful, essential and non-separable with our lives, we surely would like to know the people that make laws and who practice in the legal profession. This query is the recent theme we have pursued in this and other related projects. The investigation has revealed a knowledge economy (savoir-faire) that has entwined law and the actions of law people, which growingly became edged to explain their behavior and moral and professional conduct. The expectation has been (...) that graduate law classes are for foreign lawyers who would return to their home country to work as international lawyers or as professors. That has long been deemed as a given; but the precise reality has not been previously unraveled. With this backdrop, the current paper purports to survey the status and performance of graduate law degree holders in US law school, to rank global law schools, and explore the implications and findings concerning the processes and outcomes of their missions. (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 (...) // ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

Nyaay Samvidhan is a platform designed to enhance the understanding of the Indian Constitution and empower citizens by providing easy access to their rights. The primary purpose of this research is to develop an interactive, userfriendly platform that facilitates constitutional literacy among a diverse population in India. The methodology employed involves integrating a chatbot that guides users through their rights and offers direct access to the original texts of the Constitution. Additionally, the platform incorporates story-based learning pathways tailored to various (...) fields, enabling users from different sectors to grasp complex legal concepts more effectively. Key results indicate that the platform successfully engages users by simplifying legal terminology and providing relevant case studies for legal professionals. Furthermore, the platform supports multiple languages, catering to India’s linguistic diversity and ensuring that users from different backgrounds can access vital legal information. Major conclusions suggest that Nyaay Samvidhan raises awareness of constitutional rights through engaging storytelling techniques, particularly among younger audiences. This initiative promotes legal literacy and fosters informed citizenship, informing individuals about their legal rights and responsibilities. (shrink)

In this paper, I defend the possibility that law is a functional kind by replying to objections from Leslie Green and Brian Tamanaha. I also show how Kenneth Ehrenberg’s approach to law’s functions in his latest book concedes too much to these objections. A functional kinds approach to law is possible and, for someone interested in showing the importance of law’s functions, preferable. I first explore Tamanaha’s objection and show that the possibility of functional equivalents does not pose a problem (...) for a functional kinds account of law. I then respond to Green by showing that law is more distinctively identified by its function than by the means by which it achieves this function. I quickly explore a lesser objection dealing with how law can pursue a variety of ends while having the same function the whole while. I then turn to an issue Ehrenberg raises regarding thinking of the law as having a plurality of functions like a Swiss Army knife. Finally, I show that Ehrenberg’s approach to the relationship between law and its functions is unnecessarily weak, as it avoids holding that law's nature or essence is its proper function for similar reasons to Green and Tamanaha. (shrink)

Abstract -/- Aim: The present study aims of this study is to evaluate the Defense University's education policy by examining how the use of libraries in supporting scientific literacy. -/- Methodology: This research method is qualitative by using phenomenology approach. It means that in understanding something has an objective and subjective side, unlike the positivism of separating between the two (subject-object), for science to be objective. -/- Result: Apparently there is a process of transformation of values and symbolism of the (...) "Defense of Country / DoC" campus from the instructional education system to the science literacy that is pursued in accordance with the Ministry of Higher Education program but in line with the mission of the Defense Ministry. At present it has stood four Faculty of Defense Strategy, Defense Management, National Security and Defense Technology. The research concludes that the Indonesia Defense University (IDU) builds a distinctive character for both military and civilian needs to enhance the role of libraries as a center for the development of the Defense of Country (DoC) characters in semi-special model. In addition to fostering national character based on Pancasila can also follow the development of scientific literature supported by advanced information technology. -/- Conclution: The decrease of visits to the Library cannot indicate a decrease in student interest in science literature because in the same year all students load their rich works in the journals of each Study Program. Vision IDU Library itself is to be one of the best Library of Higher Education in Indonesia, . (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)

Legal theorists seek to persuade other jurists of certain theories: Textualism or purposivism; formalism or realism; natural law theory or positivism; prison reform or abolition; universal or particular human rights? Despite voluminous literature about these debates, tremendous uncertainty remains about which views experts endorse. This Article presents the first-ever empirical study of American law professors about legal theory questions. A novel dataset of over six hundred law professors reveals expert consensus and dissensus about dozens of longstanding legal (...) theory debates. -/- Law professors also debate questions about the nature of the legal academy. Descriptively, which subjects (e.g. constitutional law) and methods (e.g. law & economics) are most central within the legal academy today? And prescriptively, should today’s legal academy prioritize additional areas (e.g. legislation) or methods (e.g. critical race theory)? There is great interest in these questions but no empirical dataset of experts’ views; this results in uncertainty about which views experts endorse. This Article’s empirical study also clarifies these questions, documenting law professors’ evaluation of over one-hundred areas of law. -/- The legal theory and legal academy findings support implications for legal scholarship, education, and practice. Clearly, debates about law and the legal academy’s evolution should not be settled by a survey. Nevertheless, insofar as law professors are experts about these issues, it is instructive to discover and carefully examine what views those experts hold, so as to help determine which views are most likely to be true and how the legal academy ought to develop. (shrink)

Over almost a half-century, evidence law scholars and philosophers have contended with what have come to be called the “Proof Paradoxes.” In brief, the following sort of paradox arises: Factfinders in criminal and civil trials are charged with reaching a verdict if the evidence presented meets a particular standard of proof—beyond a reasonable doubt, in criminal cases, and preponderance of the evidence, in civil trials. It seems that purely statistical evidence can suffice for just such a level of certainty in (...) a variety of cases where our intuition is that it would nonetheless be wrong to convict the defendant, or find in favor of the plaintiff, on merely statistical evidence. So, we either have to convict with statistical evidence, in spite of an intuition that this is unsettling, or else explain what (dispositive) deficiency statistical evidence has. -/- Most scholars have tried to justify the resistance to relying on merely statistical evidence: by relying on epistemic deficiencies in this kind of evidence; by relying on court practice; and also by reference to the psychological literature. In fact, I argue, the epistemic deficiencies philosophers and legal scholars allege are suspect. And, I argue, while scholars often discuss unfairness to civil defendants, they ignore a long history of relying on statistical evidence in a variety of civil matters, including employment discrimination, toxic torts, and market share liability cases. Were the dominant arguments in the literature to prevail, it would extremely difficult for plaintiffs to recover in a variety of cases. -/- The various considerations I advance lead to the conclusion that when it comes to naked statistical evidence, philosophers and legal scholars who argue for its insufficiency have been caught with their pants down. (shrink)

This book investigates law's interaction with practical reasons. What difference can legal requirements—e.g. traffic rules, tax laws, or work safety regulations—make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative understanding of law's interaction with practical reasons. -/- At the outset, (...) two competing positions are pitted against each other: Joseph Raz's view that (legitimate) legal authorities have pre-emptive force, namely that they give reasons for action that exclude some other reasons; and an antithesis, according to which law-making institutions (even those that meet prerequisites of legitimacy) can at most provide us with reasons that compete in weight with opposing reasons for action. These two positions are examined from several perspectives, such as justified disobedience cases, law's conduct-guiding function in contexts of bounded rationality, and the phenomenology associated with authority. -/- It is found that, although each of the above positions offers insight into the conundrum at hand, both suffer from significant flaws. These observations form the basis on which an alternative position is put forward and defended. According to this position, the existence of a reasonably just and well-functioning legal system constitutes a reason that fits neither into a model of ordinary reasons for action nor into a pre-emptive paradigm—it constitutes a reason to adopt an (overridable) disposition that inclines its possessor towards compliance with the system's requirements. (shrink)

I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...) a neutral functional theory, addressing issues raised by Leslie Green, Stephen Perry, Michael Moore and John Finnis. (shrink)

Despite decades of contentions between moral legalists and legal positivists about the place of morality in law, moral law has vehemently stood out as the end of history. The scientific experiment has despondently failed to logically evict the moral law from the jurisprudential discourse. This research article posits that moral law is the End of History as far jurisprudential evolution is concerned. It argues that the mechanization of law through the positivistic experiment is a moral debacle dented with logical (...) inconsistencies and insurmountable fallacies. It thus uses the inseparability thesis to demonstrate the pivotality of moral law in every positive jurisprudence superstructure. It contends that law appeals to our moral sensibilities because it pre-supposes a conscience in the law giver, the law enforcer and the citizen who is supposed to abide by the law. This ought necessity therefore makes the trio morally credible to legislate, enforce the law and be legally bound by the principles and precincts established by the law. (shrink)

The use of evidence to resolve uncertainties is key to many endeavours, most conspicuously science and law. Despite this, the logic of uncertainty is seldom taught explicitly, and often seems misunderstood. Traditional educational practice even fails to encourage students to identify uncertainty when they express knowledge, though mark schemes that reward the identification of reliable and uncertain responses have long been shown to encourage more insightful understanding. In our information-rich society the ability to identify uncertainty is often more important (...) than the possession of knowledge itself. In both science and law there are fundamentally different kinds of uncertainty at issue. There is uncertainty whether a particular hypothesis is correct, and there is uncertainty about observable data that may be generated if a particular hypothesis is correct. Both are expressed in terms of probabilities. Each has its own domain of application and its own logic, but the inter-relationship is complex and sometimes misunderstood. Hypothesis probabilities are always open to error through possible failure to take account of realistic alternatives, while the proper inferences that can be drawn from data probabilities (often in the context of significance testing) are quite limited and easily over-interpreted. When considering these two kinds of probability in a court of law it is possible to interpret the phrase 'reasonable doubt' in different ways. It can be seen as addressing data uncertainty: whether such incriminating evidence might with reasonable probability arise to confront an innocent person. Or (the more conventional view) it can be seen as some sort of threshold level on the probability that the defendant is guilty (a hypothesis probability). Each typically involves elements of subjective judgement, but fewer issues and uncertainties arise when considering the data probability and it is argued that this is often the more critical and proper issue for a jury to address. This has particular repercussions for cases involving identification of a suspect through trawl of a DNA or other database. (shrink)

CLE aims and clients’ needs conflict where students’ interests are put beyond clients’ needs. Students have interests in gaining employment, impressing instructors and supervisors, and experiencing the active application of law. Where the clients’ service-needs are subordinated to students’ interests, the relationship between the two—the ‘tension’—is tilted in a manner in which the clients are disserved through the fulfilment of students’ interests. This may be exacerbated by faulty institutional cultures where clinical faculty are treated differently, or as less accomplished or (...) ‘worthwhile’ than their ‘traditional’ counterparts. This also emphasizes that it is the clinical law faculty who may exacerbate or assuage the tension, as it is for clinical faculty to assure that clients’ needs are met on ethical grounds,20 and to equate the practice of law with excellence before students. (shrink)

This paper offers a brief account of Finnis' Natural Law Legal Theory (NLLT), primarily as it is presented in Natural Law and Natural Rights, and then defends Finnis' NLLT against the recent legal positivist criticism made by Matthew H. Kramer.

The Responsibility of Freedom of Speech and the Role of Media in Propagating Correct Knowledge -/- In modern societies, freedom of speech is often heralded as a fundamental right, allowing individuals to express their thoughts and opinions freely. However, the concept of absolute freedom of speech is not without its flaws. When viewed through the lens of natural laws, including the universal law of balance, the unchecked exercise of speech can lead to societal imbalances. It is essential to recognize that (...) while individuals should be allowed to voice their opinions, this freedom comes with the responsibility to ensure that speech contributes positively to societal harmony, personal growth, and the well-being of others. This responsibility extends beyond individual action and applies to all forms of media, which play a significant role in shaping public discourse and the flow of information. -/- The Concept of Freedom of Speech and its Pitfalls -/- Freedom of speech, in its ideal form, allows individuals to express their ideas and beliefs without fear of censorship or retribution. This principle is grounded in the belief that diverse viewpoints contribute to the flourishing of democratic societies. However, the unrestricted nature of this freedom can also lead to unintended consequences. When individuals or groups disseminate harmful misinformation, spread hate speech, or manipulate public sentiment for selfish gain, the foundational balance within society is disrupted. The unchecked expression of falsehoods or inflammatory rhetoric can create divisions, incite violence, or foster ignorance—outcomes that are contrary to the well-being of individuals and the harmony of society. -/- The spreading of false beliefs, misinformation, or gossip can be especially damaging. Such behavior not only distorts reality but also erodes trust within communities, making it more difficult for people to distinguish between truth and falsehood. False beliefs can lead to irrational fears, biases, or hatred, and when spread, they contribute to the further fragmentation of societies. In the age of digital media, these harmful narratives can quickly go viral, reaching vast audiences before they can be corrected, amplifying their negative impact. -/- From the perspective of the universal law of balance, the free exchange of ideas must be aligned with the greater good, ensuring that speech contributes to constructive discourse and societal progress. Words are powerful, and their impact on both the individual and collective mind can shape reality in profound ways. Therefore, freedom of speech should not be seen as an absolute right devoid of responsibility. Rather, it must be accompanied by an awareness of its potential effects and a commitment to using it to foster understanding, unity, and truth. -/- The Role of Media In Shaping Knowledge -/- Media, whether traditional or digital, plays a central role in how information is disseminated to the public. In today’s interconnected world, media outlets, including news organizations, social media platforms, and content creators, have an unprecedented influence on shaping public opinion. Given this influence, media must be held to high standards of responsibility, as it is the primary vehicle through which society consumes knowledge. -/- The responsibility of the media extends beyond merely reporting facts; it includes the duty to ensure the accuracy, reliability, and relevance of the information shared. Media outlets must prioritize the dissemination of truth, fact-check their sources, and avoid sensationalism that can distort public perception. Misinformation, especially when propagated through powerful media channels, can have lasting consequences on public trust, societal stability, and personal decision-making. The rapid spread of gossip, rumors, or fake news can lead to unnecessary panic, conflict, or even harm, demonstrating the real dangers of unchecked speech. -/- In the age of information overload, the role of the media is to sift through the noise and present knowledge in a balanced, accessible, and responsible manner. This involves not only reporting on events but also offering analysis and context that help the public understand the deeper implications of the information being shared. Media must act as a filter, ensuring that the knowledge people receive aligns with reality, helps individuals make informed decisions, and contributes to the greater good. -/- The Need for Media Literacy and Accountability -/- As media consumers, individuals must also take responsibility for their engagement with information. Media literacy—the ability to critically analyze, evaluate, and interpret media content—is a crucial skill in today’s world. With the proliferation of social media platforms, where misinformation can spread rapidly, it is more important than ever for individuals to be discerning about the sources of information they trust. Education systems worldwide must prioritize media literacy as part of their curricula, teaching students how to identify credible sources, distinguish between fact and opinion, and recognize the potential for manipulation in media messages. -/- For the youth, empowering them to critically engage with media is especially vital. With the rise of social media and peer-to-peer communication, young people are particularly susceptible to the influence of misinformation and gossip. The spread of rumors or false information among peer groups can have serious social consequences, including damaged reputations, broken friendships, and even bullying. It is essential to foster a sense of personal responsibility in the youth by teaching them the importance of verifying information before sharing it and the harmful effects of spreading unverified or negative content. -/- Youth should be empowered to practice empathy and discernment when interacting with information. Schools, families, and communities can collaborate to teach the younger generation about the consequences of gossip and misinformation—how they can harm individuals, societies, and even themselves. Encouraging open dialogue about the ethical use of information and the value of truth can help instill the importance of responsible speech in the youth. By creating a culture that values truth over sensationalism and empathy over gossip, we can work toward a more informed and balanced society. -/- At the same time, media organizations must be held accountable for the content they produce and share. This accountability requires strong ethical guidelines and transparency, ensuring that media outlets prioritize public welfare over profits or political agendas. The role of media is not merely to entertain or persuade but to educate, inform, and serve as a reliable source of knowledge. Failure to adhere to these responsibilities can lead to misinformation, polarization, and the erosion of public trust. -/- The Importance of Legal Laws in Preventing the Spread of False Information -/- While personal responsibility and media literacy are essential, legal frameworks also play a crucial role in curbing the spread of false information. In the Philippines, laws like the Cyber Libel Law (Republic Act No. 10175) serve as vital tools for combating online defamation, false information, and harmful content. This law holds individuals accountable for spreading libelous statements or malicious rumors online, providing a legal recourse for those affected by misinformation. -/- Such legal measures are important because they act as deterrents, encouraging individuals and organizations to think carefully before sharing content that could harm others or society at large. Legal laws like the Cyber Libel Law help ensure that the digital space is not misused for malicious purposes, such as spreading false beliefs, gossip, or misinformation that can cause public harm. These laws serve to protect individuals’ reputations and prevent the viral spread of content that could lead to social unrest or personal injury. -/- Furthermore, legal frameworks can also push media outlets and digital platforms to take more proactive measures in monitoring and controlling the spread of misinformation. By enforcing penalties for the dissemination of harmful content, governments can encourage media organizations and platforms to adopt stricter content policies and invest in fact-checking mechanisms. Legal safeguards not only protect individuals but also promote accountability, ensuring that those responsible for the creation and dissemination of false information are held liable. -/- While freedom of speech is crucial, the presence of legal frameworks ensures that this right is not abused to the detriment of others. These laws help strike a balance between protecting the right to express opinions and maintaining societal harmony by preventing the spread of falsehoods and malicious gossip. -/- The Balance Between Freedom of Speech and Responsibility -/- In light of the universal law of balance, freedom of speech must be exercised with a sense of duty. The right to express oneself must not come at the expense of societal harmony or the well-being of others. Media, as a conduit for knowledge and discourse, must prioritize accuracy, accountability, and ethical standards in its operations. This includes ensuring that the information they share is balanced, relevant, and rooted in truth. -/- At the same time, it is important to recognize that all individuals, including media practitioners, are part of a larger system. Every word spoken, every article written, and every broadcast made contributes to the collective reality we all experience. The impact of these actions ripples out into society, influencing minds, shaping behaviors, and creating a feedback loop that can either strengthen or weaken the fabric of society. By embracing responsibility in speech and media practices, we can help ensure that our collective decisions align with the natural balance of the world around us, fostering a society that values truth, understanding, and mutual respect. -/- Conclusion -/- The concept of freedom of speech, while important, cannot be viewed as a blanket entitlement devoid of responsibility. The power of speech, when unchecked, can disrupt the natural balance of society, leading to harm, division, and ignorance. Media, as a central vehicle for disseminating knowledge, holds a critical responsibility in ensuring that the information shared is accurate, reliable, and serves the greater good. In this context, freedom of speech should be understood as a tool for fostering truth and unity, not as an unregulated license to mislead or divide. -/- Legal frameworks, such as the Cyber Libel Law, provide essential safeguards, holding individuals accountable for the harm caused by false information. By aligning speech and media practices with the principles of balance, responsibility, and truth, society can move toward a more informed, harmonious, and just future. Moreover, empowering the youth to become responsible consumers and sharers of information is essential in cultivating a generation that values truth, empathy, and ethical communication, ultimately promoting a balanced and well-informed society. -/- . (shrink)

The purpose of this paper is to examine the separability of law and morality within an analytic jurisprudential framework. The paper is comprised of four parts. First, the separability thesis will be discussed and defined. Second, Hart’s legal positivist account of law will be presented, which defends the separability thesis. Third, two objections from a natural law perspective (classical and contemporary) will be proposed against the legal positivist position, thereby rejecting the separability thesis. Each objection will be accompanied (...) by a possible Hartian reply. Finally, I will offer a novel analysis of the arguments as well as state why I find the Hartian approach preferable to the natural law theorist’s in regard to the separability thesis. (shrink)

When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the (...) content itself. This makes executive processes more important to the law than consciousness, since they are responsible for channeling conscious decision-making into intentions and actions, or inhibiting action.We provide a summary of the current state of our knowledge about executive processes, which consists primarily of information about which portions of the prefrontal lobes perform which executive processes. Then we describe several examples in which legal principles can be understood as tacitly singling out executive processes, including principles regarding defendants’ intentions or plans to commit crimes and their awareness that certain facts are the case, as well as excusatory principles which result in lesser responsibility for those who are juveniles, mentally ill, sleepwalking, hypnotized, or who suffer from psychopathy. (shrink)

Political actions by Fridays for Future, Extinction Rebellion, and other climate activists often involve violations of legal regulations – such as compulsory education requirements or traffic laws – and have been criticized for this in the public sphere. In this essay, I defend the view that these violations of the law constitute a form of morally justified civil disobedience against climate policies. I first show that these actions satisfy the criteria of civil disobedience even on relatively strict conceptions of (...) civil disobedience. I then argue that they meet plausible justification conditions for civil disobedience because they are directed against serious and clear injustices, which legal means of influence have failed to remedy for decades. Finally, I reject the objection that civil disobedience against climate policy violates basic democratic principles because it claims authority to override democratically enacted agreements. When addressed to Fridays for Future activists, the objection misfires for the reason alone that these activists are largely minors that are excluded from democratic participation. Moreover, disobedience even by adult activists is justified by the existence of serious democratic deficits in our climate policies, especially since it can help to correct them. Such deficits include the lack of representation of the interests of people affected by climate change in the future and globally. (shrink)

This article examines Machiavelli’s image of humanity. It argues against the prevailing views that characterize it either as pessimistic or optimistic and defends the thesis that the Florentine has a realist image of humanity. Machiavelli is a psychological egoist who conceives of man as a being whose actions are motivated by his drives, appetites, and passions, which lead him often to immoral behavior. Man’s main drives are “ambition” (ambizione) and “avarice” (avarizia). This article also investigates Machiavelli’s concept of nature and (...) shows that, for him, the constancy of human nature is the central premise that makes the scientific analysis of politics possible. Despite the fact that human drives and capabilities are the same at all times, good laws, military training, and religion allow man to be changed and educated toward “virtue” (virtù). To make such changes in man, however, presupposes a good legal and political order. Machiavelli justifies the state because of its capacity to reshape human nature and to improve man. The state is not only a coercive power but a moral institution. This leads to the conclusion that Machiavelli does not separate politics from morality as most scholars claim. (shrink)

Meritocratic Accountability Governance (MAG): A No-Term-Limit System with Strict Performance-Based Accountability -/- Introduction -/- The debate over term limits in governance has long been contentious. While term limits prevent the abuse of power and encourage leadership renewal, they also disrupt continuity and hinder long-term national strategies. Conversely, authoritarian systems allow leaders to rule indefinitely, but without accountability, they risk dictatorship and corruption. -/- A balanced alternative is Meritocratic Accountability Governance (MAG)—a system that eliminates fixed term limits but enforces strict performance-based (...) leadership retention. This ensures that competent leaders remain in power while underperforming or corrupt leaders are swiftly removed. This essay explores the advantages and risks of MAG and proposes a structured framework for its implementation. -/- The Pros and Cons of Term Limits -/- Term limits offer several advantages: ✔ Prevent the concentration of power ✔ Encourage new leadership and fresh ideas ✔ Reduce the risk of corruption and dynastic politics -/- However, term limits also present serious drawbacks: ✘ Disrupt continuity and long-term national plans ✘ Remove effective leaders even if they are performing well ✘ May result in weak successors who undo progress -/- Authoritarian or indefinite rule allows for stability, as seen in Lee Kuan Yew’s leadership, but also risks power abuse, as seen in historical dictatorships. The challenge is finding a system that allows long-term leadership for effective governance while preventing dictatorship and corruption. -/- Meritocratic Accountability Governance (MAG): A New Model -/- MAG eliminates fixed term limits but ensures continuous performance evaluations and strict accountability measures. Leaders must earn the right to remain in power by consistently meeting national objectives and maintaining public trust. -/- Key Features of MAG -/- 1. Clear Performance Metrics -/- Leaders are evaluated on objective, measurable criteria, including: ✅ Economic Growth – GDP, employment rates, poverty reduction ✅ Education & Healthcare – School quality, literacy rates, medical access ✅ Infrastructure Development – Roads, public transport, utilities ✅ Crime & Social Stability – Crime rates, national security, justice system ✅ Corruption & Governance Transparency – Ethical leadership, financial accountability -/- 2. Independent Oversight Bodies -/- A non-partisan, independent commission evaluates leadership based on performance data, not political influence. This commission includes: ✔ Economists & policy experts – Assess economic and social progress ✔ Legal & anti-corruption officers – Monitor integrity and accountability ✔ Citizen representatives – Ensure public interests are prioritized -/- 3. Public Participation and Approval -/- Instead of fixed elections, MAG employs: ✔ Regular approval referendums – Every 4–6 years, citizens vote on leadership retention ✔ Performance-based leadership retention – If approval ratings drop below 50%, a new leadership selection process begins -/- 4. Strict Anti-Corruption & Abuse of Power Laws -/- ✔ Financial Transparency – Mandatory public disclosure of assets ✔ Severe Legal Penalties – Strict punishment for bribery, fraud, and nepotism ✔ Independent Investigative Bodies – Unbiased corruption monitoring agencies -/- 5. Smooth Transition Mechanisms -/- ✔ Vote of No Confidence – If performance declines, a structured removal process follows ✔ Special Leadership Selection – Ensures a capable replacement through merit-based criteria ✔ Legal Frameworks Preventing Power Abuse – Enforces leadership accountability at all levels -/- Potential Challenges & Solutions -/- Why MAG is a Superior Governance Model -/- 1️⃣ Balances Stability & Accountability – Retains competent leaders while ensuring underperformers are removed 2️⃣ Encourages Long-Term National Development – No need to halt progress due to political transitions 3️⃣ Prevents Corruption & Dictatorship – Implements strict governance laws and transparent leadership evaluations -/- Conclusion -/- Meritocratic Accountability Governance (MAG) presents a compelling alternative to both rigid term limits and unchecked authoritarian rule. By focusing on performance-based leadership retention, independent oversight, public participation, anti-corruption laws, and smooth leadership transitions, MAG ensures governance remains stable, effective, and accountable. -/- If properly designed and implemented, MAG could redefine modern governance, ensuring that leadership is based on merit, service, and national progress rather than personal political careers. This model can create a future where only the most capable and ethical leaders remain in power, leading to a more prosperous and just society. -/- . (shrink)

This essay is an accessible introduction to the proof paradox in legal epistemology. -/- In 1902 the Supreme Judicial Court of Maine filed an influential legal verdict. The judge claimed that in order to find a defendant culpable, the plaintiff “must adduce evidence other than a majority of chances”. The judge thereby claimed that bare statistical evidence does not suffice for legal proof. -/- In this essay I first motivate the claim that bare statistical evidence does (...) not suffice for legal proof. I then introduce and motivate a knowledge-centred explanation of this fact. The knowledge-centred explanation rests on two premises. The first is that legal proof requires knowledge of culpability. The second is that one cannot attain knowledge that p from bare statistical evidence that p. To motivate the second premise, I suggest that beliefs based on bare statistical evidence fail to be safe—they could easily be wrong—and bare statistical evidence cannot eliminate relevant alternatives. -/- I then cast doubt on the first premise; I argue that legal proof does not require knowledge. I thereby dispute the knowledge-centred explanation of the inadequacy of bare statistical evidence for legal proof. Instead of appealing to the nature of knowledge, I suggest we should seek a more direct explanation by appealing to those more foundational epistemic properties, such as safety or eliminating relevant alternatives. (shrink)

It started and ended in Chile! This might be the introductory sentence to an economic history of our times. After the 1973 military coup the “Chicago Boys”, a group of Chilean economists educated by Milton Friedman at University of Chicago, took control of Pinochet’s economic policy. A type of policy which later on entered government offices in the UK and the US together with Margaret Thatcher and Ronald Reagan. Today protesters on the streets of Santiago seeks to tear down the (...) core pillars of the paradigm installed by the Chicago boys. Looking at broader developments, the essential driver of change over the past four decades have however not been an economic one but rather a legal one. Or rather the essential change has been the economics discipline acting as an invasive species entering into the realm of law though the law and economics paradigm. (shrink)

The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, I assess the normative critique (...) of LCA, focusing predominantly on the arguments presented by its most incisive proponent Philip Soper. I defend a twofold conclusion. First, LCA, understood roughly along the lines put forward by Joseph Raz, is part of the most attractive analysis of law. Second, proponents of the normative critique, and in particular Soper, are committed to accepting LCA. (shrink)

The proof paradox results from conflicting intuitions concerning different types of fallible evidence in a court of law. We accept fallible individual evidence but reject fallible statistical evidence even when the conditional probability that the defendant is guilty given the evidence is the same, a seeming inconsistency. This paper defends a solution to the proof paradox, building on a sensitivity account of checking and settling a question. The proposed sensitivity account of legal proof not only requires sensitivity simpliciter (...) but sensitivity of each relevant step of the proof procedure and/or sensitivity concerning all relevant alternatives. This account avoids problems that have been identified for other sensitivity views of legal proof. Moreover, it is argued that sensitivity, rather than safety, is the crucial modal condition for legal proof. It is, finally, shown that the provided account can fruitfully support very different existing views on the relationship between knowledge and legal proof. (shrink)

Clinical Legal Education programmes now take place in most law schools in England and Wales. However, legal education continues to be predominantly focused on the analysis and application of rules, doctrines, and theories to hypothetical scenarios or essay questions. This form of pedagogy either minimises or ignores the role of the client in terms of supplying lawyers with knowledge pertinent to their case. In other words, it overlooks the fact that the lawyer’s acquisition of knowledge is not confined (...) to technical rationality. This article seeks to achieve three broad aims. First, to contribute to the debate concerning the epistemology of reflective practice. Second, to develop a theoretical reflective cycle, informed by Kant’s transcendental idealism, which seeks to maximise knowledge acquisition in legal education, namely knowledge supplied by the client. Third, to address implicit bias using the proposed reflective cycle. An optimal pedagogy for using this cycle is Clinical Legal Education, namely live client clinics. (shrink)

The twentieth century in legal education began with Dean Roscoe Pound of Harvard Law School demanding that law take broader perspectives. The time had arrived for sweeping changes in how judges judged, law professors taught, and lawyers practiced. For thirty years Roscoe Pound labored tirelessly in the design of a "Sociological Jurisprudence." Toward the end of Pound's twenty years as Dean of Harvard Law School, Karl Llewellyn of Columbia Law School crafted a second perspective on law, which he called (...) "Legal Realism". Pound retired from his role as Dean in 1936. In 1935 the German Scholar Ludwig Fleck published a work which studied the nature of science, and articulated important precepts and maxims about how the structure of science precluded innovation and creative design. By 1963 Thomas Kuhn published a sequel to Fleck's work titled "The Structure of Scientific Revolutions." Kuhn endeavored to set the contours of science which could be identified as constraints to the formation of new knowledge. ;Roscoe Pound and Karl Llewellyn set out to bring the American legal process forward by monumental steps in how law was taught and practiced. American legal education up to the late nineteenth century was a system of apprenticeships. Young men paid law firms to gain experience in the law. Their time was sold for more than they were paid, and law firms enjoyed the benefits of the apprenticeship system. Today, law schools approved by the American Bar Association prepare and graduate candidates for licensing exams. Thirty percent of those are not prepared to be examined, and fail the state bar exams. ;This thesis explores the process used by Pound to create his "Sociological Jurisprudence," examines Pound's biographical and personal history, studies his design process, then articulates qualitative design questions and policy recommendations for improvements in the construction of new legal paradigms and academic policy for law school graduates. By comprehending how difficult change is in design though understanding Fleck and Kuhn's constructions of paradigmatic constraints, a path is carved to forward new scholarship representative of Pound and Llewellyn's skills and abilities. (shrink)

This article explores the law and ethics of lobbying. The legal discussion examines disclosure regulations, employment restrictions,bribery laws, and anti-fraud provisions as each applies to the lobbying context. The analysis demonstrates that given the social value placed on the First Amendment, federal law generally affords lobbyists wide latitude in determining who, what, when, where, and how to lobby.The article then turns to ethics. Lobbying involves deliberate attempts to effect changes in the law. An argument is advanced that because law (...) implicates the use of force and because law ideally reflects the values of a democratic society, seeking to slant the law to serve a client’s narrow interests cannot provide an adequate ethical end for a lobbyist. On the contrary, a lobbyist has an affirmative moral duty to seek reasonably balanced and just laws. The article examines, refines, and defends this proposition in a number of settings. (shrink)

Medicine, like law, is a pragmatic, probabilistic activity. Both require that decisions be made on the basis of available evidence, within a limited time. In contrast to law, medicine, particularly evidence-based medicine as it is currently practiced, aspires to a scientific standard of proof, one that is more certain than the standards of proof courts apply in civil and criminal proceedings. But medicine, as Dr. William Osler put it, is an "art of probabilities," or at best, a "science of uncertainty." (...) One can better practice medicine by using other evidentiary standards in addition to the "scientific." To employ only the scientific standard of proof is inappropriate, if not impossible; furthermore, as this review will show, its application in medicine is fraught with bias. Evidence is information. It supports or undermines a proposition, whether a hypothesis in science, a diagnosis in medicine, or a fact or point in question in a legal investigation. In medicine, physicians marshal evidence to make decisions on how to best prevent, diagnose, and treat disease, and improve health. In law, courts decide the facts and render justice. Judges and juries assess evidence to establish liability, to settle custody and medical issues, and to determine a defendant's guilt or innocence. (shrink)

This article considers the role of law as an active force in educating citizens on norms of the society. The norms are created and enforced in the law in general, but of particular importance are those in environmental law. In environmental law the environment is not protected only for the sake of serving human beings. To learn this lesson, however, one must look at the specifics of the law and its application. Some laws purport to be concerned with the environment (...) for its own sake, but a review of the language of that law shows it to be indirectly benefitting humans. (shrink)

In the law of rape, consent has been and remains a gendered concept. Consent presumes female acquiescence to male sexual initiation. It presumes a man desires to penetrate a woman sexually. It presumes the woman willingly yields to the man's desires. It does not presume, and of course does not require, female sexual desire. Consent is what the law calls it when he advances and she does not put up a fight. I have argued elsewhere that the kind of thin (...) consent that the law focuses on is not enough ethically and it should not be enough legally to justify sexual penetration. I advocate sexual negotiation, where individuals discuss sexual desires and boundaries and agree to engage in penetration before it occurs, except under circumstances in which the partners have a reasonable basis to assess one another's nonverbal behavior. I argue that not only is verbal consultation about desire ordinarily ethically necessary before most acts of sexual penetration, it should be legally required. Consultation to ascertain sexual desires and boundaries assures that both parties desire penetration. (shrink)

This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that do not draw irrelevant distinctions between the subjects of law. If these demands are satisfied, a state achieves vertical equality between officials and ordinary people and horizontal legal equality among ordinary people.

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)

This paper explores the possibility that Hobbesian jurisprudence is best understood as a ‘third way’ in legal theory, irreducible to classical natural law or legal positivism. I sketch two potential ‘third theories’ of law -- legal pragmatism and legal dualism -- and argue that, when considered in its broadest sense, Leviathan is best viewed as an example of legal pragmatism. I consider whether this legal pragmatist interpretation can be sustained in the examination of Leviathan’s (...) treatment of civil law, and argue that the pragmatic interpretation can only be successful if we can resolve two textual issues in that chapter. First, while Hobbes argues that law entails the existence of public (sharable) reasons, he does not adequately defend the view that the sovereign is the unique authority over such reasons in all cases, especially as far as they concern known collective emergencies. Second, Hobbes both affirms and denies that a sovereign can fail to do justice, which is paradoxical. Both problems are best resolved by legal pragmatism, though the second problem resists a fully satisfying resolution. The upshot is that, although Leviathan ought to be regarded as an episode of legal pragmatism, there are trade-offs on every reading. (shrink)

Comparative religion scholar Thomas Berry’s influential concept of “Earth jurisprudence” has been helpfully elaborated in three principal books. My first section identifies four of their common themes, deriving therefrom an implicit narrative: (1) the basis of ecology is autopoiesis, which (2) originally generated human communities and Indigenous vernacular laws, which were (3) later reasserted by forest defenders who fought to create the Magna Carta’s “Charter of the Forest,” which is (4) now championed globally by the Indian physicist and eco-activist Vandana (...) Shiva’s Earth Democracy movement. My next three sections identify mutually exclusive elements of the three books, deriving the following alternative narrative: self-conscious new dancing rituals (Cullinan) could empower an historically informed reconstruction of private property (Burdon) via commons-based vernacular law (Weston and Bollier). And my conclusion offers one template for such a strategy, namely a new environmental variation on my dancing-poetic conception of legal justice, christened “emerald star-law.”. (shrink)

Legal awareness among women for their rights is an important issue these days. A girl child is least welcome although in India women were respected from the early ages. Even though there are growing instances of girls excelling in education, tradition, custom, and social practices place greater value on sons than on daughters, who are often viewed as an economic burden. This attitude of the society also stands in the way of the girl child being able to achieve her (...) full potential. A recent report on the girl child makes the following observations: “Girls are the world's most squandered gift. They are precious human beings with enormous potential, but across the world, they are generally the last to have their basic needs met and first to have their basic rights denied (NIOL, 2014). (shrink)

This chapter describes the process of institutionalization of natural law at the University of Pisa, essential to interpreting the conditions in which the first public law chair of Italy was founded. The study of legal education in the late seventeenth and early eighteenth century will allow a more in-depth understanding of both the development of natural law in teaching practice throughout the long eighteenth century, and the features of the two processes of reception, respectively for educational and political (...) purposes. In fact, although both processes were founded on appreciation of the centrality of Roman law and philosophy in the construction of doctrines by the so-called ‘modern natural law school’, and developed through mediation of traditional Roman legal culture of the Pisan ‘historical-critical school’, there were some differences. In this initial phase, the didactic reception was indirect, although not entirely implicit, whereas the political reception was direct and explicit. (shrink)

A rapidly growing body of scholarship embraces virtue jurisprudence, a series of (often ad hoc) attempts to incorporate the philosophical tradition of virtue ethics into legal theory. Broadly understood, virtue ethics describes an approach to moral questions that emphasizes the importance of developing and embodying various virtues, often as manifestations of human flourishing. Scholars typically contrast virtue ethics with deontological and consequentialist moral theories, tracing virtue-centered analysis to ancient Greek philosophers, and in particular to Aristotle. Virtue ethics has experienced (...) a revival over the past 65 years; but, long before that, it proved especially influential in Catholic moral thought, particularly through the work of Aquinas. Perhaps relatedly, scholars have seized on virtue jurisprudence to defend a range of politically conservative positions, such as originalist constitutional interpretation and the propriety of utilizing the law to regulate ostensibly “private” immoralities. This Article reveals the radically underappreciated progressive promise of virtue jurisprudence. Virtue jurisprudence requires no religious commitments whatsoever, but a strong version entails acceptance of the moral significance of developing one’s character—both within and without the law. On a compelling understanding of the virtues, rejecting a state of perpetual disadvantage under the law is a meaningful marker of the virtue of self-respect, and a repudiation of the vice of servility that would otherwise be imposed by the legal system itself. Thus, contrary to the predominant tenor of research on the subject, virtue jurisprudence can ground significant resistance to—and even defiance of—the law. In making this argument, the Article also draws novel connections between virtue jurisprudence and literature on (inter alia) race, feminism, and sexual orientation to reveal the unnoticed potential of virtue jurisprudence to push forward work in those and related areas. At a time when massive and widespread protests across the United States reflect a groundswell of support for overturning certain long-standing, legally-ingrained, systemic disadvantages of people of color, many might be surprised to learn that virtue jurisprudence can serve as a potent theoretical ally. (shrink)

Holistic Education as the Ultimate Defense Against Misinformation -/- Introduction -/- In the modern world, young minds are constantly exposed to various influences—media, social networks, religious teachings, and cultural traditions. Many of these influences do not prioritize truth but instead serve political, economic, or ideological agendas. As a result, false beliefs and propaganda have become powerful tools in shaping public perception and decision-making, often leading to societal imbalance, irrational behavior, and unnecessary suffering. -/- Given this reality, a holistic educational (...) system provides the best solution. By integrating critical thinking, the universal law of balance in nature, and foundational knowledge, education can serve as a shield against misinformation. Just as propaganda can manipulate young minds, education—when structured properly—can empower them to think independently, seek truth, and reject false narratives. -/- The Power of Influence: Media, Propaganda, and False Beliefs -/- Throughout history, those in power have controlled narratives through propaganda, misinformation, and selective truth-telling. Media corporations, political leaders, religious institutions, and even educational systems have used information as a weapon, shaping how people perceive reality and make decisions. -/- 1. Media Influence – The media has the ability to set public agendas, exaggerate fears, or distract people from critical issues. For example, mainstream news can focus on divisive social issues while ignoring deeper economic or political corruption. -/- 2. Religious and Cultural Dogma – Many belief systems discourage questioning and critical thinking, demanding blind faith instead of rational analysis. This leads to a rigid mindset that resists change, even when faced with scientific or factual evidence. -/- 3. Political and Economic Propaganda – Governments and corporations often manipulate information to serve their interests. Politicians use fear-based messaging, while corporations promote consumerism and materialism, influencing people’s behaviors without them realizing it. -/- Because young minds are impressionable, they are especially vulnerable to these influences. If false beliefs and misinformation can be deliberately spread and accepted as truth, then why shouldn’t a holistic educational system be used to reverse this process and teach students how to think critically? -/- Holistic Education as a Solution -/- A holistic educational system is not just about memorizing academic subjects. It must focus on developing independent thinking, analytical reasoning, and a deep understanding of reality. Instead of simply feeding students facts, a holistic approach would train them to evaluate information critically and recognize misinformation. -/- 1. The Universal Law of Balance in Nature -/- The foundation of this educational system should be the universal law of balance in nature—the principle that every action and decision must align with the natural equilibrium of life. This law ensures that: -/- Decisions are based on reality rather than emotions or biases. -/- All actions are examined for their long-term consequences on individuals and society. -/- People are trained to recognize imbalance in information and behavior. -/- By integrating this law into education, students will develop a natural resistance to misinformation because they will instinctively analyze whether a piece of information aligns with reality or disrupts balance. -/- 2. Critical Thinking and Logical Analysis -/- Students must be trained to question everything—including media, religious teachings, political statements, and social norms. They should learn: -/- How to recognize logical fallacies in arguments. -/- How to cross-check sources before believing information. -/- How to identify hidden biases in media and propaganda. -/- By sharpening their analytical skills, students will develop a mindset that seeks truth rather than blindly accepting narratives. -/- 3. Media and Information Literacy -/- Most young people today consume news and content through digital platforms, where misinformation spreads easily. Schools should teach: -/- How media operates (advertising, corporate influence, political agendas). -/- How narratives are constructed to manipulate emotions. -/- How to fact-check information using independent sources. -/- With these skills, students will be able to differentiate between objective reality and manipulative messaging. -/- 4. Emotional Intelligence and Psychological Resilience -/- Propaganda often exploits human emotions—fear, anger, hope, or desire. When individuals react emotionally rather than rationally, they become easier to manipulate. Schools must teach students how to: -/- Recognize emotional manipulation in media and politics. -/- Maintain psychological balance when confronted with conflicting information. -/- Make decisions based on reason rather than impulsive emotions. -/- By strengthening emotional intelligence, students will not only think critically but also remain calm and rational in the face of manipulation. -/- The Impact of Holistic Education on Society -/- If this holistic educational system were widely implemented, its impact on society would be profound. A well-informed, critically thinking population would: -/- Resist political and corporate manipulation. -/- Reject false beliefs and harmful ideologies. -/- Hold leaders accountable for their actions. -/- Make balanced, rational decisions in both personal and collective matters. -/- This shift would lead to a world with less conflict, less corruption, and fewer social crises. Instead of societies being controlled by misinformation and fear, they would be governed by rational analysis and ethical decision-making. -/- Challenges and Implementation Strategies -/- While holistic education is the ideal solution, implementing it will require overcoming several challenges: -/- 1. Resistance from Established Institutions – Many religious, political, and media institutions benefit from controlling narratives. These groups may oppose an educational system that promotes independent thinking. -/- Solution: Gradually introduce holistic education through pilot programs, starting in progressive schools and expanding based on success. -/- 2. Teacher Training and Curriculum Development – Many educators are themselves products of biased educational systems. -/- Solution: Train teachers to embrace critical thinking, logical reasoning, and unbiased knowledge dissemination. -/- 3. Government and Policy Barriers – Governments often dictate education policies based on political interests. -/- Solution: Collaborate with international organizations and independent educational institutions to introduce holistic education frameworks outside government control. -/- Conclusion -/- If false beliefs, media influence, and propaganda can shape young minds, then a holistic educational system can do the same—but for truth, rationality, and balance. The battle for the future is not just about controlling information but about empowering individuals to analyze, evaluate, and make decisions based on the universal law of balance in nature. -/- Implementing such an educational approach is not just an option—it is a necessity. A world that prioritizes balanced decision-making over manipulation will be a world with greater harmony, less suffering, and more rational leadership. -/- The question is no longer whether we need holistic education, but how soon we can implement it. The longer we delay, the more young minds will be shaped by misinformation. Now is the time to act. -/- . (shrink)

African jurisprudence, like African philosophy, continues to be hotly debated. This article contends that the debate straddles the uniqueness claim which either emphasises the existence or possibility of a peculiar legal framework on the continent, and a historical co-extensional position reiterating that African jurisprudence is a continuum of other legal traditions. The article argues that there is no uniquely African jurisprudence, and that what obtains within the structures of jurisprudence on the continent also exists within various legal (...) traditions elsewhere, and as such can at best be described as ‘jurisprudence in Africa’ rather than ‘African jurisprudence’. It defends this thesis through analytic and comparative explications of the content of natural law theory and legal positivism as experienced on the continent. It concedes that relics of the colonial legal experience create contestations that inform scholars’ calls for a return to traditional legal systems. It concludes that a reconstructive jurisprudence in Africa must take cognisance of the continent’s historical and evolutionary legal experiences, but that a unified or monolithic theory may not be sufficient to address the choice of functional jurisprudence. Keywords African jurisprudence, jurisprudence in Africa, African legal evolution, diffused legal theories. (shrink)

There is a tendency in contemporary jurisprudence to regard political authority and, more particularly, legal intervention in human affairs as having no justification unless it can be defended by what Laing calls the principle of modern liberal autonomy (MLA). According to this principle, if consenting adults want to do something, unless it does specific harm to others here and now, the law has no business intervening. Harm to the self and general harm to society can constitute no justification for (...) legal regulation or prohibition. So pervasive is this understanding of legal intervention in human affairs, that it is common now to encounter arguments in favour of permissive laws on, for example, private drug use, pornography, sexual and reproductive choice, based on the idea that to intervene in these areas would constitute a breach of the liberal ideal. The only alternative to modern liberal autonomy is assumed to be radical oppression, in which the State intervenes in the individual’s life to impose unwarranted measures designed to further its own ends. The legacy of Stalin, Hitler and other modern tyrants has undermined conceptual appeals to the common good. So widespread is this liberal assumption in the Western, English-speaking world that critics of the outlook embodied by MLA are customarily regarded with suspicion and charged with paternalism, narrow-mindedness and intolerance. Laing highlights contradictions inherent in the modern liberal tradition. She argues that there is a certain reliance on the notion of the common good within the natural law tradition that is instructive. According to this view, the common good constitutes a mean between two extremes: on the one hand, contemporary liberalism’s over-insistence on radical individual autonomy and, on the other hand, totalitarianism’s over-emphasis on collective social benefit. There is, I will argue, substantial terrain between the conceptual excesses of modern liberalism and oppressive tyranny that needs to be acknowledged and discussed. (shrink)