The Abrahamic traditions regard God as the world’s author. But what kind of author? A novelist? A playwright? Perhaps a composer of classical music? I will argue that it is best to regard God as like an improvisational play director or the leader of a jazz ensemble. Each determines the broad melodic contours or coarse-grained plot beforehand, while allowing their musicians or actors, and chance, to fill in the more fine-grained details. This analogy allows us to regard God as the (...) ultimate author of this world, while allowing us to be, while less than co-authors, more than mere enactors of a pre-written piece. These metaphors are particularly well-suited to illustrate and flesh out an Open Theistic view of things. (shrink)

We consider several natural fragments of the alternating-time temporal logics ATL* and ATL with restrictions on the nesting between temporal operators and strategic quantifiers. We develop optimal decision procedures for satisfiability in these fragments, showing that they have much lower complexities than the full languages. In particular, we prove that the satisfiability problem for state formulae in the full `strategically flat' fragment of ATL* is PSPACE-complete, whereas the satisfiability problems in the flat fragments of ATL and ATL$^{+}$ are $\Sigma^P_3$-complete. We (...) note that the nesting hierarchies for fragments of ATL* collapse in terms of expressiveness above nesting depth 1, hence our results cover all such fragments with lower complexities. (shrink)

In this paper, I argue that standard psychological continuity theory does not account for an important feature of what is important in survival – having the property of personhood. I offer a theory that can account for this, and I explain how it avoids the implausible consequences of standard psychological continuity theory, as well as having certain other advantages over that theory.

The problem of evil is set out as a dialectic between theist and critic, the aim being to reveal the place of ethical judgments in the theist's apology. I discover what ethical judgments, both normative and descriptive, are implicit in the theist's use of his premises as good reasons, and where his reasoning goes astray. I suggest what ethical judgments, in contrast to the theist's, are supported by good reasons.

In human-centred design (HCD), researchers and designers develop products in cooperation with the potential users of these products. They attempt to give users a voice or a role in their projects, with the intention of developing products that match users’ needs and preferences. This approach is especially interesting in the information and communication technology (ICT) industry, in which many innovations are driven by development of technologies. The author works in HCD projects in the ICT industry and studied one particular project (...) as a participant observer. In this project, two telecom applications were designed together with and for two groups of users: police officers and people who provide informal care. The resulting case studies are interpreted, drawing from the fields of design studies and science and technology studies, and using texts of the philosophers Levinas and Derrida. HCD is presented as a process that happens between people and as a process with ethical qualities. The case studies demonstrate that HCD is a worthwhile approach. They also show the difficulties of cooperating with users and of multi-disciplinary team-work. HCD practitioners attempt to be open towards others, but they also tend to move towards closure and towards the self. The author suggests reflexive practice as a way for practitioners to be more aware of and to articulate these tendencies. This is intended to help them to better align their practices with what HCD can be about: a process of learning and creating together. (shrink)

There are many different meanings of sustainability and precaution and no evident connection between the new normative concepts and the traditional moral theories. We seek an ethical basis for sustainability and precaution—a common framework that can serve as a means of resolving the conceptual ambiguities of the new normative concepts and the conflicts between new and traditional moral concepts and theories. We employ a systemic approach to analyze the past and possible future extension of ethics and establish an inclusive framework (...) of ethical extension. This framework forms the basis for what we call a systemic ethic. (shrink)

Does ethics have adequate general theories? Our analysis shows that this question does not have a straightforward answer since the key terms are ambiguous. So we should not concentrate on the answer but on the question itself. “Ethics” stands for many things, but we let that pass. “Adequate” may refer to varied arrays of methodological principles which are seldom fully articulated in ethics. “General” is a notion with at least three meanings. Different kinds of generality may be at cross-purposes, so (...) we must not expect theories to be general in sundry senses. “Theory,” for that matter, is itself ambiguous. Some thinkers say that ethics cannot have theories, while others deny it. We doubt whether opposing parties are talking about the same things.No wonder, then, that controversies in ethics are long-lasting and unproductive. We hope that the methodology we have presented will alleviate some of them. The examples we chose show that this is feasible. Views such as Hare's and Jonsen and Toulmin's which are seemingly wide apart, show convergence if we put them in a methodological perspective.Our analysis also suggests that many alleged differences between science and ethics could fade away if methodology is brought to bear on them. Specifically, the idea that ethics compares poorly with science in view of limited generality, or poor means of justification, is unfounded. Those who defend this view over-rate the powers of science. (shrink)

Is the societal-level of analysis sufficient today to understand the values of those in the global workforce? Or are individual-level analyses more appropriate for assessing the influence of values on ethical behaviors across country workforces? Using multi-level analyses for a 48-society sample, we test the utility of both the societal-level and individual-level dimensions of collectivism and individualism values for predicting ethical behaviors of business professionals. Our values-based behavioral analysis indicates that values at the individual-level make a more significant contribution to (...) explaining variance in ethical behaviors than do values at the societal-level. Implicitly, our findings question the soundness of using societal-level values measures. Implications for international business research are discussed. (shrink)

Here you can download Torrijos' contribution to this book: the general Presentation and the Introduction to the second part.

Aquinas says that omnipotence means power for everything possible, which is everything not self-contradictory. This view faces various objections; to many of them, it seems that one could respond more easily by saying that omnipotence is God's power for everything that is not self-contradictory for Him to do. But this is a weak answer, and Thomas's support for it is only apparent. A more satisfactory solution is found in a fundamental restriction on the term "power" that Thomas thinks necessary when (...) power is attributed to god. It is exclusively productive power. So omnipotence is the power to produce everything producible. Still, Thomas himself, in earlier works, seems to have adopted an excessive distinction between power and will in God. But in the two Summae, it becomes clear that power is properly power to produce some being; and so omnipotence is power to produce every possible being. (shrink)

Since Hume, there has been broad consensus that if the notion of the good has any intelligible foundation, it is not “ontological”, in the natures of things. Today however this view is being challenged. After a sketch of the positions of Kant and Hume, and a glance at some of the recent challenges, the paper examines a key element in Thomas Aquinas’s ontol- ogy of the good: the notion of nal causality. For Thomas nal causality presupposes formal and e cient (...) causality. Hume’s denial of the intelligibility of the good, it is su ested, presup- poses his denial of that of these other causes. (shrink)

What makes a person the same over time is a question dealt with by many philosophers. I too offered a purely metaphysical answer in a different work, however, as with many other theorists, I offered an answer outside of considering the political consequences of the theory I offered. Upon reflection, I now see that this was a mistake in need of correction. This is because I believe that conceptually a theory about how a person remains one and the same over (...) time presupposes an understanding of the nature of personhood as an ontological kind. That is, to remain the same person over time logically requires remaining a person. While being a counting as a person is a purely metaphysical matter, the fact is having the status of being a person is highly significant both morally and politically, as any social movement fighting for being granted this status to groups of individuals who have been denied it. To ignore the moral and political consequences of a metaphysical theory of persons is therefore ethically irresponsible. I argue that many of the assumptions concerning personhood are ethically and politically biased in favor of a conception of persons that disadvantages certain individuals, and that examining and correcting these biases is essential to be ethically responsible theorists of personhood. (shrink)

In the course of presenting a compelling and comprehensive framework for immigration justice, Brock addresses discriminatory immigration policies, focusing on recent attempts by the Trump administration to exclude Muslims from the U.S.. This essay critically assesses Brock’s treatment of the issue, and in particular the question of what made the Muslim ban and similar policies unjust. Through examining these issues, further questions regarding the immigration justice framework on offer arise.

Cosmopolitans like Gillian Brock, Charles Beitz, and Thomas Pogge argue that the principles of justice selected and arranged in lexical priority in Rawls’ first original position would—and should for the same reasons as in the first—also be selected in Rawls’ second original position. After all, the argument goes, what reasons other than morally arbitrary ones do we have for selecting a second set of principles? A different, though undoubtedly related, point of contention is the cosmopolitan charge that Rawls fails (...) to consider the unfavorable conditions that owe themselves to global factors. Perhaps there was a time when interconnectedness and interdependency between states was not a factor, but in the current global order, this is certainly not the case. While this paper will address other related cosmopolitan concerns mentioned in Brock’s work, it is these two points that are perhaps the two biggest threats to the Rawlsian project and, as such, it is these two points that will be the primary focus of this paper. (shrink)

Cosmopolitans like Gillian Brock, Charles Beitz, and Thomas Pogge argue that the principles of justice selected and arranged in lexical priority in Rawls’ first original position would—and should for the same reasons as in the first—also be selected in Rawls’ second original position. After all, the argument goes, what reasons other than morally arbitrary ones do we have for selecting a second set of principles? A different, though undoubtedly related, point of contention is the cosmopolitan charge that Rawls fails (...) to consider the unfavorable conditions that owe themselves to global factors. Perhaps there was a time when interconnectedness and interdependency between states was not a factor, but in the current global order, this is certainly not the case. While this paper will address other related cosmopolitan concerns mentioned in Brock’s work, it is these two points that are perhaps the two biggest threats to the Rawlsian project and, as such, it is these two points that will be the primary focus of this paper. (shrink)

A review article of Gillian Brock's Global Justice: A Cosmopolitan Account. Reviewed by Dara Salam. Public Reason, Vol.3, No.1, June 2011, pp. 114-117.

Scientific knowledge of how genes work is giving human beings unprecedented power to shape future human lives, for better or for worse. People involved in government, business and science are facing new questions related to the application of genetic technologies to human beings. Our technical knowledge is growing fast, but does our moral wisdom grow at the same rate?

The Brock-Rosen problem has been one of the most thoroughly discussed objections to the modal fictionalism bruited in Gideon Rosen’s ‘Modal Fictionalism’. But there is a more fundamental problem with modal fictionalism, at least as it is normally explained: the position does not resolve the tension that motivated it. I argue that if we pay attention to a neglected aspect of modal fictionalism, we will see how to resolve this tension—and we will also find a persuasive reply to the (...) Brock-Rosen objection. Finally, I discuss an alternative reading of Rosen, and argue that this position is also able to fend off the Brock-Rosen objection. (shrink)

How to respond to unauthorized migration and migrants is one of the most difficult questions in relation to migration theory and policy. In this commentary on Gillian Brock’s discussion of “irregular” migration, I do not attempt to give a fully satisfactory account of how to respond to unauthorized migration, but rather, using Brock’s discussion, try to highlight what I see as the most important difficulties in crafting an acceptable account, and raise some problems with the approach that (...) class='Hi'>Brock takes. In thinking about unauthorized migration, both while trying to craft positive policies and while critiquing existing practices, we need to ask if we are most interested in a general account of how to respond to unauthorized migration, one that would apply to the large majority of cases and provide us a default approach, or if we are better served by taking a piecemeal approach, looking at why certain people or certain groups should be exempt from removal, even if they would otherwise be liable to it. In this paper, I will focus primarily on this distinction, and argue that it is at least important to provide an account of the "generic unauthorized". (shrink)

Brock and Glasgow recently introduced a new definition of paradox and argue that this conception of paradox itself leads to paradox, the so-called Paradox Paradox. I show that they beg the questions during the course of their argument, but, more importantly, do so in a philosophically interesting way: it reveals a counterexample to the equivalence between being a logical truth and having a probability of one. This has consequences regarding norms of rationality, undermining the grounds for the Conjunction Fallacy.

Gillian Brock's "Global Justice: A Cosmopolitan Account" and Darrel Moellendorf's "Global Inequality Matters" present carefully crafted accounts of the obligations we have to non-compatriots and offer practical proposals for how we might get closer to meeting these obligations.

Josh is a typical 27-year-old in a career that he enjoys and a successful marriage. Josh begins to exhibit the symptoms of a manic episode. He is soon diagnosed with bipolar disorder. While non-manic, Josh’s preferences are typical. While manic, his preferences change dramatically. He quits his job, cheats on his partner, and squanders his savings. These are behaviors that Josh, when non-manic (euthymic), would never agree to. When Josh returns to a euthymic state, he regrets these decisions. Should those (...) close to Josh have prevented him from making these decisions, or does his competence to decide persist despite his acute mania? In this paper, I examine the connections be-tween bipolar disorder and consent. I defend the view that many (although far from all) individuals with bipolar disorder are competent to consent to a wide variety of things when they are in a manic state. This means that mania should not be presumed to undermine competence in clinical settings. -/- I have several goals in this paper. I want to bring philosophy to bear on the connection between consent and bipolar disorder. Additionally, I intend this paper to contribute to the general debate about the conditions of informed consent. Bipolar disorder presents novel challenges to existing conceptions of competence to consent which require stable core of values for an agent to be competent. For example, Buchanan and Brock endorse such a view. In showing that shifting values do not undermine the competence of a person experiencing acute mania, I show that the aforementioned views of competence are false. Overall, this paper makes substantive contributions to the debate about competence to consent and presents the first sustained philosophical treatment of consent among people with bipolar disorder. (shrink)

Abstract creationism about fictional characters is the view that fictional characters are abstract objects that authors create. I defend this view against criticisms from Stuart Brock that hitherto have not been adequately countered. The discussion sheds light on how the number of fictional characters depends on authorial intention. I conclude also that we should change how we think intentions are connected to artifacts more generally, both abstract and concrete.

In this paper the author deals with the new development of Metaphysics among American Thomists. In contrast to Gilson, there is revaluation of 'essence' among some authors, insofar form has an instrumental role for the existence of things (see e.g. Lawrence Dewan). The example of Stephen L. Brock is presented as an alternative to the excessive Apophaticism of some interpretations of Aquinas such as the one of J.-L. Marion.

In de jaren vijftig raakte Michel Foucault gefascineerd door de fenomenologische psychologie. Vanaf de jaren zestig echter presenteert hij zichzelf als een ‘structuralist’ die slechts anonieme talige en architectonische structuren wil analyseren en die met nadruk wil afzien van elke interesse in de mens als individu of als subject. De psycholoog in hemzelf wordt als het ware hartstochtelijk verdrongen. Toch is er ook in het geval van Foucault sprake van een onvermijdelijke terugkeer van het verdrongene. Een belangrijk symptoom hiervan vormt (...) zijn opvallend ambivalente houding jegens de psychoanalyse. In zijn werk tekent zich een levenslange polemiek af met Freud, soms expliciet, doorgaans impliciet. Ondanks onmiskenbare sporen van latente bewondering en fascinatie blijft wantrouwen domineren. Steen des aanstoots vormen Freuds Drei Abhandlungen zur Sexualtheorie uit 1905. Volgens Foucault spreekt hieruit een medicalisering van de seksualiteit, die zich uit in medicaliserende technieken zoals het oprakelen en uitspreken van verlangens en de classificatie van ‘normale’ en ‘perverse’ vormen van seksualiteit. (shrink)

I revisit themes from Against Borders: Why the World Needs Free Movement of People (2020) in dialogue with Gillian Brock's Justice of People on the Move (2020) and Sarah Song's Immigration and Democracy (2019). We share the conviction that current border regimes are deeply unjust but differ in what migration justice requires. Brock and Song continue to give states significant discretion to exclude people from entering and settling in their territories, whereas I contend that migration justice demands open (...) borders. I reject the claim that state self-determination justifies migration restrictions. Central arguments for open borders highlight the role that restrictive border controls and the state category of ‘immigrant’ play in upholding racialised hierarchies and exploitative economic relations, as well as in inflicting violence against mobile people. (shrink)

In this paper I seek defend the view that fictional characters are author-created abstract entities against objections offered by Stuart Brock in his paper “The Creationist Fiction: The Case against Creationism about Fictional Characters.” I argue that his objections fall far short of his goal of showing that if philosophers want to believe in fictional characters as abstract objects, they should not view them as author-created. My defense of creationism in fiction in part rests on tying the act of (...) creating a fictional character more closely to the act of story-telling. Ultimately I aim to show that the creation of abstract entities is not as problem-laden as some may think, and that such a view is coherent. (shrink)

One of the main questions Gillian Brock takes up in Justice for People on the Move (2020) is whether it is morally permissible for states to enact migration policies that discriminate on the basis of religion against those who wish to enter. The main focus of her discussion is on the United States context, and, in particular, the so-called ‘Muslim Ban’ enacted by President Donald Trump in 2017. While Brock offers a powerful critique of this policy, I argue (...) that it is insufficient on its own to support her claim that migration policies that discriminate on the basis of religion in general undermine the legitimacy of the states that enact them. I argue that this claim can be supported within her framework by showing that such policies necessarily display disregard for the human rights of existing members of the discriminating state. I conclude with some reflections on the strength of this account of the moral impermissibility of religious discrimination at the border. (shrink)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal (...) v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, -/- Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Orchid ID 0000-0002-8854-4293 Publisher & Managing Editor Criminal Lawyer series [1980-2022](ISSN 2049-8047) Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson Reuters) (Licensed Annotator of UK Statutes) in annual law books Current Law (...) Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. TradeMark SALLY RAMAGE ® (2005-2025) in the UK, 2401827; WIPO TradeMark SALLY RAMAGE® 900614; USA TradeMark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. -/- ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

In her debate with Michael Blake, Gillian Brock sets out to justify emigration restrictions on medical workers from poor states on the basis of their free-riding on the public investment that their states have made in them in form of a publicly funded education. For this purpose, Brock aims to isolate the question of emigration restrictions from the larger question of responsibilities for remedying global inequalities. I argue that this approach is misguided because it is blind to decisive (...) factors at play in the problem of medical brain drain and consequently distorts the different responsibilities this problem generates. Brock’s strategy, if successful, would effectively lead to punishing emigrating workers from poor states for the free-riding and exploitation that is committed by affluent states – which is a counter-intuitive result. (shrink)

Among moral philosophers, general disapproval of genetic enhancement has in recent years given way to the view that the permissibility of a eugenic policy depends only on its particular features. Buchanan, Brock, Daniels, and Wikler have extensively defended such a view. However, while these authors go so far as to argue that there are conditions under which parents are not only permitted but also obligated to procure genetic treatments for their intended child, they stop short of arguing that there (...) are conditions under which parents are required to procure enhancements. By contrast, David Heyd argues that parents are required to procure treatments or enhancements for their future child, but only if the intervention would not alter the future child’s personal identity. In this paper I take the case for genetic enhancement a step further by arguing that there are conditions under which parents are morally required to procure genetic interventions for their intended child, regardless of whether the intervention is a treatment or an enhancement, and regardless of whether it would alter the child’s personal identity. (shrink)

The Louvre Museum is the largest of the world's art museums by its exhibition surface. These represent the Western art of the Middle Ages in 1848, those of the ancient civilizations that preceded and influenced it (Oriental, Egyptian, Greek, Etruscan and Roman), and the arts of early Christians and Islam. At the origin of the Louvre existed a castle, built by King Philip Augustus in 1190, and occupying the southwest quarter of the current Cour Carrée. In 1594, Henri IV decided (...) to unite the palace of the Louvre with the palace of the Tuileries built by Catherine de Medicis. The Cour Carrée was built by the architects Lemercier and then Le Vau, under the reign of Louis XIII and Louis XIV. The Department of Paintings currently has about 7,500 paintings (of which 3,400 are exposed), covering a period that goes from the Middle Ages to 1848 (date of the beginning of the Second Republic). By including the deposits, the collection is, with 12,660 works, the largest collection of ancient paintings in the world. With rare exceptions, the works after 1848 were transferred to the Musée d'Orsay when it was created in 1986. CONTENTS: Louvre Museum - Variety of exhibited works - The Royal Palace - The collections - - Eastern antiquities - - Arts of Islam - - Egyptian Antiquities - - Greek, Etruscan and Roman Antiquities - - Paintings - - - French school - - - Northern Schools (Flanders, Netherlands, Germany) - - - Italian School - - - Other schools Painting - Definitions - Painting genres - - The landscape - - Still life Paintings - FRANCOIS BOUCHER - - Vulcan presenting arms to Venus for Aeneas - RAPHAEL - - Portrait of Baldassare Castiglione - RUBENS - - Helena Fourment with children - LOUIS DAVID - - Madame Récamier - REMBRANDT - - Portrait of Heindrickje Stoffels - VELAZQUEZ - - Portrait of the Infanta Margarita - SIMONE MEMMI - - Jesus Christ walking on Calvary - JAN STEEN - - The Bad Company - HANS HOLBEIN - - Erasmus - CORREGGIO - - Mystic Marriage of Saint Catherine - LANCRET - - Conversation - JAN VAN DER MEER (VERMEER) - - The Lacemaker - VAN DYCK - - Charles I at the Hunt - FRANÇOIS CLOUET - - Elisabeth of Austria (1554-1592), Wife of Charles IX and Queen of France (1570 - 1574) - DELACROIX - - The Barque of Dante - EL GRECO - - Saint Louis, King of France, and a page - REMBRANDT - - Pilgrims at Emmaus (The Supper at Emmaus) - GERARD DAVID - - Marriage at Cana - RAPHAEL - - Portrait of Dona Isabel de Requesens, Vice-Queen of Naples - RUBENS - - La Kermesse (The Village Fête, or Noce de village) - FRANS HALS - - The Gypsy Girl - DECAMPS - - The Sonneurs - HOLBEIN THE YOUNGER - - Anne of Cleves - P. PRUD’HON - - Psyche transported to Heaven - PHILIPPE DE CHAMPAIGNE - - Portrait of Richelieu - LANCRET - - The Autumn - L. DAVID - - Madame Seriziat - COROT - - Recollection of Mortefontaine - LEONARDO DA VINCI - - La belle ferronnière - CORREGGIO - - Venus and Cupid with a Satyr - WATTEAU - - Pilgrimage to Cythera (The Embarkation for Cythera) - NICOLAS POUSSIN - - The Inspiration of the Poet - PRUD’HON - - The Empress Josephine (1763-1814) - FRAGONARD - - The Bathers - H. RIGAUD - - Louis XIV (1638–1715) - TERBURG - - The Concert - LEOPOLD ROBERT - - The Pilgrimage to the Madonna of the Arch - LARGILLIERE - - Family Portrait - MANTEGNA - - Parnassus - MEMLING - - The Virgin and Child between St James and St Dominic - FRAGONARD - - The Music Lesson - JEAN VAN EYCK - - The Virgin of chancellor Rolin - PAOLO VERONESE - - Susannah and the Elders - FRANÇOIS BOUCHER - - Diana leaving her bath - GÉRICAULT - - The Raft of the Medusa - MURILLO - - Assumption of the Virgin - CLAUDE GELLEE (LORRAIN) - - Ulysses returning Chryseis to her father (Marine, setting sun) - INGRES - - Madame Riviere - E. MURILLO - - The Young Beggar - GREUZE - - The Broken Pitcher - PIETER DE HOOCH - - Card players in an opulent interior - POUSSIN - - Et in Arcadia ego - QUENTIN MATSYS - - The moneylender and his wife - ANDREA SOLARIO - - Madonna with the Green Cushion - TITIEN - - Woman with a Mirror - DAVID TENIERS (the Younger) - - The Works of Mercy - LEONARDO DA VINCI - - Mona Lisa (La Gioconda) - Armand Dayot . (shrink)

The World Trade Organization (WTO) is a multilateral trade organization that, at least partially, governs trade relations between its member states. The WTO (2011a) proclaims that its “overriding objective is to help trade flow smoothly, freely, fairly and predictably.” The WTO is a “treaty-based” organization – it has been constituted through an agreed, legally binding treaty made up of more than 30 articles, along with additional commitments by some members in specific areas. At present, 153 states are members of the (...) WTO, which collectively make up over 97 percent of all trade worldwide (WTO 2011b). Together, the WTO treaty specifies the rights and obligations of its member states. To become a member of the WTO, a state must treat the agreement as a “single undertaking.” Members cannot choose à la carte which agreements – for example, regarding tariffs, or trade in services or intellectual property – they want to accede to and which they do not. Instead, they must take on the obligations of the agreement in toto. The WTO is one of the most consequential governance institutions in the world, a lodestar of political debate about globalization (see globalization), attracting increased interest from moral and political philosophers in recent years (James 2006; Moellendorf 2005; Risse 2007; Brock 2009). (shrink)

Preliminary Material /Reto Rössler, Tim Sparenberg and Philipp Weber -- Kosmos & Kontingenz /Reto Rössler, Tim Sparenberg and Philipp Weber -- "De la théorie à la pratique“ /Eva Marie Noller -- Mittelalterliche Kosmologie und Kontingenz /Cornelia Selent -- Kontingenz der Stimmen im Kosmos der Lettern -,Atomologie', Technologie und William Baldwins Beware the Cat /Ronja Bodola -- Hypothese, Abweichung und Traum Keplers Ellipsen /Reto Rössler -- "Nur leerer Raum und Schatten“ /Hartmut Böhme -- Gewissheit als sentiment /Christian Reidenbach -- Poiesis im (...) "Gegenhalt“ der anderen Welten: Epistemische und kosmologische Kontingenz bei Breitinger und Brockes /Johannes Wankhammer -- Ungereimtheit - Poesie und Prosa um 1755 /Wolfgang Hottner -- "Es giebt freylich unzähliche Welten“ /Tim Sparenberg -- Kontingenz, Ordnung und realer Grund bei Kant /Thijs Menting -- Im Grunde das Regellose /Philipp Weber -- Kontingenz und Latenz /Helmut Müller-Sievers -- Revolution in Permanenz: Auguste Blanquis Ewigkeit durch die Sterne /Alexandra Heimes -- "Kosmische Gesetze“? /Elisa Ronzheimer -- Vom unendlichen Universum zur Dialektik der Kontingenz /Thomas Ebke -- Stetigkeit im kosmischen Diskontinuum /Timothy Attanucci -- Versuch einer Kosmologie des Performativen in der Kunst /Maximilian Haas -- Kosmopolitismus und Internationalismus: Zwei Modelle, zwei Erbschaften /Étienne Balibar -- Vom kontingenten Kosmos zur Kosmopolitik /Karin Harrasser -- Auswahlbibliographie /Reto Rössler, Tim Sparenberg and Philipp Weber -- Begriffsregister /Reto Rössler, Tim Sparenberg and Philipp Weber -- Autorinnen und Autoren /Reto Rössler, Tim Sparenberg and Philipp Weber. (shrink)

What process ought to guide decision making for pediatric patients? The prevailing view is that decision making should be informed and guided by the best interest of the child. A widely discussed structural model proposed by Buchanan and Brock focuses on parents as surrogate decision makers and examines best interests as guiding and/or intervention principles. Working from two recent articles by Ross on “constrained parental autonomy” in pediatric decision making (which is grounded in the Buchanan and Brock model), (...) I discuss (supportively) features of Ross’s effort visa-vis the best interest standard. I argue that any pediatric decision-making model that brackets or formally limits an engagement with the child patient assumes too much. Further, any model that under appreciates the place of parents and their autonomy, and the dynamic parent-child relationship, misses an opportunity to broaden the clinical encounter by considering questions of justice for the child (Rawls) and within a family (Ross). In this context, I focus on the child’s emerging and ongoing emotional and intellectual development and autonomy—their capabilities and identifying primary goods. (shrink)

In the last fifteen years or so, political philosophers have been increasingly busy nurturing their latest darling, global justice (hereinafter GJ). There are many reasons why justice, the centrepiece of much political theorising since the 1970s, has spilled beyond the confines of the (nation-)state – from certain inherent features of prominent philosophical accounts of justice to the seemingly morally arbitrary nature of state borders to the perceived or assumed effects of globalisation. In any case, the previously rather scattered reflections on (...) the global dimension on justice-related topics have now moulded into a respected academic enterprise, generating a vast body of mutually interconnected research. Under the broad umbrella of GJ, a wealth of specific problems and/or issue areas have surfaced; for the purposes of the present essay, it is useful to note that the primarily normative discussion about justice in the transnational realm (i.e. what is right/wrong and what should be done about it) extends to questions of methodological, epistemological as well as ontological kind which are of wider interest to political philosophy as such. One reason for such a broadened perspective is that two of the three titles (Brooks and Brock) appeared in print four and five years ago, respectively, and Brock’s and Ypi’s volumes have already received wide critical attention from within the field. It makes therefore sense to step back and evaluate the respective contributions with the benefit of hindsight, and also perhaps more critically than has been the case with the majority of heretofore published reactions. This is facilitated by the different approaches employed in the respective books, stemming in one case (Brooks) from its genre, and from different authorial aims and modes of explication in the other two cases. (shrink)

Health policy is only one part of social policy. Although spending administered by the health sector constitutes a sizeable fraction of total state spending in most countries, other sectors such as education and transportation also represent major portions of national budgets. Additionally, though health is one important aspect of economic and social activity, people pursue many other goals in their social and economic lives. Similarly, direct benefits—those that are immediate results of health policy choices—are only a small portion of the (...) overall impact of health policy. This chapter considers what weight health policy should give to its “spill-over effects,” namely non-health and indirect benefits. (shrink)

This paper discusses the nature of, problems for, and benefits delivered by fictionalist strategies in metaphysics.

This paper sought to investigate the fundamental differences in mathematics education through a comparison of curriculum of 2 countries—Singapore and Canada (as represented by Ontario)—in order to discover what the Ontario education system may learn from Singapore in terms of mathematics education. Mathematics curriculum were collected for Grades 1 to 8 for Ontario, and the equivalent in Singapore. The 2 curriculums were textually analyzed based on both the original and the revised Bloom’s taxonomy to expose their foci. The difference in (...) focus was then compared and discussed to find the best ways to improve the Ontario mathematics curriculum. With one of the best education systems in North America, the Ontario mathematics curriculum would only need to refocus its attention towards a more balanced approach, with greater focus on understanding through practices. Ontario would benefit greatly from a deeper research into the Singaporean math curriculum. (shrink)