In the present work, we propose to analyse the category of consumer and how this individual status is being conditioned by European Union (EU) law. After a brief reference to the methodology used, the analysis begins with a consideration about the foundations of consumer protection in EU law and how it developed from an instrument to develop the EU internal market to a relevant one to define the EuroStatus of EU citizens and residents as consumers and players (...) in the market under modern EU law. We will consider consumer protection configuration, the notion of consumer, and the development of a consumer legal framework in the EU, with references to national legislation that can reinforce consumer status. We also consider the European Court of Justice (ECJ) case law, not only regarding its important role in the definition of the notion of a consumer but also in the development of a consumer constitutional procedural for EuroStatus, consolidating the consumer position in the national judicial process. (shrink)

This paper aims to study the configuration of a constitutional procedural status for consumers in the European Court ofJustice case law. Although we can see Consumer Protection primary asan instrument to develop the EU interna! market, it is also a relevant instrument to define the Individual Economic Status of EU citizens and residents as equality players in the EU market. Firstly, we will point out our motivation and objectives of the paper. After that we will explain our (...) methodology, and we will study the EU regulation bases and the concept of consume. Finally, we will analyse the relevant case law which developed the EU constitutional procedural status for EU consumers. (shrink)

The aim of this master’s thesis is to analyse and highlight the interaction between science, politics and law. More precisely, our research question concerns the use of scientific arguments in social spheres (notably in politics and law) instead of legal or political arguments. In fact, we want to raise the way in which certain actors invoke scientific arguments to impose "objective" elements of fact in debate and, in this way, refrain from politically and "subjectively" discussing these same elements (or, at (...) least, their social consequences). This Master’s thesis will adopt an interdisciplinary theoretical framework (chapter 1) mobilising philosophy of science, philosophy of law, sociology of law, legal technique and analytical theories. Then, we will apply it to a case study: the European regulation of genetically modified organisms (GMOs) after the European Court of Justice (CJEU) ruling of 25 July 2015 (chapter 2). The first chapter will provide theoretical elements to rethink the interaction between science, politics and law. The first section will propose a 'state of the art’ of the philosophical literature on the relationship between science (as a regime of truth) and politics. This master’s thesis will assess a truth under construction rather than a transcendental truth. Section 2 anticipates authoritarian claims based on science by considering the relationship science can have with power (Foucault). A solid review of philosophical, sociological and legal literature highlights the risks of giving decision-making power to an all-powerful science. Notably, the use of science to justify discriminatory policies is emphasised as these policies could not be challenged because, at the time, it was considered an objective scientific truth. Finally, section 3 offers a critique of the narratives of neutral and objective science, through the approach of science in action. This sociological approach presented all the doubts and subjectivity of science in action. The second chapter will propose a case study to illustrate the theoretical framework. We have chosen GMOs because they constitute a hybrid 'event', marked by scientific controversies, and with major socio-economic implications. The legal framework of GMOs in the European Union will be presented in the first section. In addition, the legal status of new breeding techniques (NBTs) will be examined. The second section will analyse the ruling of the European Court of Justice which made NBTs subject to GMO regulation. Finally, the third section will propose a reflection on the philosophy of law on the modes of existence of scientific, legal and political disciplines. (shrink)

Citizenship is the cornerstone of a democratic polity. It has three dimensions: legal, civic and affiliative. Citizens constitute the polity's demos, which often coincides with a nation. European Union (EU) citizenship was introduced to enhance ‘European identity’ (Europeans’ sense of belonging to their political community). Yet such citizenship faces at least two problems. First: Is there a European demos? If so, what is the status of peoples (nations, demoi) in the Member States? The original European project aimed at ‘an (...) ever closer union among the peoples of Europe.’ Second: Citizens are members of a political community; to what kind of polity do EU citizens belong? Does the EU substitute Member States, assume them or coexist alongside them? After an analytical exposition of the demos and telos problems, I will argue for a normative self‐understanding of the EU polity and citizenship, neither in national nor in federal but in analogical terms. (shrink)

‘Dumping’ is a practice in international trade whereby a product is introduced into the commerce of another country at less than its ‘normal value,’ which might cause or threaten material injury to the domestic industry of the importing country. To address the practice of dumping and provide rules to deal with it, the World Trade Organization (WTO) adopted the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (1994), known as the Anti-Dumping Agreement (ADA). -/- (...) The ADA sets out anti-dumping investigation procedures that importing countries must follow if they wish to impose anti-dumping measures, which are determined by comparing the normal value and the export price of the goods in question. However, not all countries are treated equally under these arrangements. Countries that are non-market economies (NMEs) are accorded special treatment provided by specific rules, including the option for investigating authorities to resort to surrogate prices in a third country for the purpose of establishing normal value. This application of surrogate prices is referred to as ‘NME treatment’. In the absence of an internationally recognised definition of an NME, each WTO Member has adopted its own definition and/or a list of NMEs. Vietnam, a WTO Member whose economy is moving from being centrally planned to being market-based, is considered an NME by both the United States (US) and the European Union (EU). This research investigates whether the non-market economy status of NMEs such as Vietnam disadvantages exporters in anti-dumping investigations and proceedings. The research analyses legal, procedural and other issues relating to the non-market economy status of NMEs in general and Vietnam in particular, in anti-dumping investigations and proceedings conducted by the US and the EU. The research uses a qualitative methodology design, by which data was collected primarily using desk-based study, supplemented by interviews with anti-dumping experts, Vietnamese exporters and government officials. It involves the examination of international law pertaining to anti-dumping, the US and EU anti-dumping laws and investigation procedures, analysis of the WTO anti-dumping dispute settlement procedures and related jurisprudence, as well as the analysis of Vietnam’s transition to a market economy. -/- The research has found that both the US and EU treat Vietnam as a NME and have developed their own specific methodologies for anti-dumping investigations on exports from Vietnam. Furthermore, it highlights the wide discretion of the US and the EU under their domestic laws in many stages of anti-dumping investigations. -/- The findings also show that the WTO Dispute Settlement Body generally considers the US and the EU practices to be consistent with the ADA provisions. However, certain US and EU practices were found to be inconsistent with the ADA, including ‘zeroing’, limited examination, surrogate country selection, and the imposition of the ‘entity-wide rate.’ Further, by applying these practices, investigating authorities might establish unpredictable normal values that may inflate the estimated dumping margins and ultimately lead to the imposition of a higher than appropriate anti-dumping duty. The analysis concludes that the NME status of countries such as Vietnam disadvantages them when facing claims of dumping. Finally, this thesis provides recommendations for Vietnamese exporters that will serve to improve their competence as defendants/respondents in anti-dumping investigations and proceedings and more effectively demonstrate the degree to which their operations are based on market-based principles. Recommendations are also provided to the Vietnam Government on ways in which it can support Vietnamese exporters in anti-dumping investigations and proceedings. (shrink)

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

Democratic transitions of Eastern countries brought about the need to shifting from eastern into western paradigms. Transitioning into western models of media, more specifically to the public system of broadcasting became a prerequisite for achieving the EU status for Eastern European transitioning countries. It has been twelve years since Albania entered the process of transformation from being a State TV towards becoming a Public Television. The article aims to provide a theoretical framework of public television networks in western countries (...) pointing to the pertaining relationships with their political systems. Using this methodology, the article evaluates the developmental process of RTSH, and traces the evolution of certain fundamental laws to determine that political elites have not put forth any efforts to reform laws to establish self-regulatory instruments and guarantee the media independence as a self regulated institution. Despite international recommendations and internal pressures for change, the practices in the area of public network television services have served the private interest of political parliamentary forces. Using the Hallin and Mancini comparative models for media, we established that efforts towards reformation, the changes of Albanian public television are not guided towards a liberal democratic model; instead they resemble a Mediterranean or polarized system. Political arbitration in choosing key institutions that ensure self regulation and the direction of public service broadcasting reflects similarities with the Italian model of Lottizzazione.However, the design of hybrid laws whose structures and functions do not serve public interests, but instead ensure the interest of political elites, is not a formula that guarantees public service broadcasting. By choosing to pursue the old trend of TVSH’s broadcasting methods, politics is channeling the future of public service broadcasting towards a polarizing model. The approach that would allow a liberalization of Public Service Broadcasting, demands a political emancipation and consensus on this particular issue. For now, the sings of consensus are nowhere to be seen, and as such the fate of public service broadcasting remains in a pending status. One of the main consequences in this process, remains the under informed public that is a vital element in a viable democracy. In this case, society becomes the victim of an autocratic system, perpetually stuck in a vicious cycle against democratic interest. (shrink)

I present three versions –Grimm, Offe and Streeck—of a general argument that is often used to establish that the EU-institutions meets a legitimacy-disabling condition, the so called “no demos” argument (II), embedding them in the context of the notorious “democratic deficit” suspicions against the legal system and practice of the EU (I). After examining the logical structure behind the no-demos intuition considered as an argument (III), I present principled reasons by Möllers and Habermas that show why the “no demos” argument (...) fails to have bite in discussions of the legitimacy and status of the supranational level in the multi-level EU-architecture. These are complemented by another principled reason arising from John Dewey’s conception of the “public” as a clearer alternative for the “popular” requirement of democratic legitimation (IV). I conclude that all three conceptions together suggest that the hunt after pre-politically existing peoples as foundations of democratic legitimacy expresses no more than methodological nationalism without any footing in the material and conceptual requirements of democratic legitimation. Given the absence of a principled problem with the legitimacy of the priority and interference of supranational EU-law in the national legal and political orders, there are thus also no principled reasons to abandon or discredit the European project in the absence of a European nation or society. (shrink)

Three popular views regarding the modal status of the laws of nature are discussed: Humean Supervenience, nomic necessitation, and scientific/dispositional essentialism. These views are examined especially with regard to their take on the apparent modal force of laws and their ability to explain that modal force. It will be suggested that none of the three views, at least in their strongest form, can be maintained if some laws are metaphysically necessary, but others are metaphysically contingent. Some reasons for thinking (...) that such variation in the modal status of laws exists will be presented with reference to physics. This drives us towards a fourth, hybrid view, according to which there are both necessary and contingent laws. The prospects for such a view are studied. (shrink)

In a recent paper, Tuomas Tahko has argued for a hybrid view of the laws of nature, according to which some physical laws are metaphysically necessary, while others are metaphysically contingent. In this paper, we show that his criterion for distinguishing between these two kinds of laws — which crucially relies on the essences of natural kinds — is on its own unsatisfactory. We then propose an alternative way of drawing the metaphysically necessary/contingent distinction for laws of physics based on (...) the central kinematical/dynamical distinction used in physical theorising, and argue that the criterion can be used to amend Tahko’s own account, but also that it can be combined with different metaphysical views about the source of necessity. (shrink)

Physicalism as a metaphysical or ontological concept has maintained a dominant position since the second half of the last century to the present day. The claim that everything is physically constituted often accompanies microphysical reductionism, which assumes the existence of fundamental laws to which everything is reducible. In this context, a question regarding the status and possible autonomy of the laws of special sciences arises. The article focuses on the basic philosophical discussions between the strong, weak, and non-reductive physicalism (...) that treat the laws of special sciences in different ways, but none of which can be considered sufficiently convincing and successful. The article seeks to prove the existence of a universal mechanism that leads to the emergence of new and complex entities and regulations of their behaviour, thus justifying the autonomous status of special sciences and laws. (shrink)

Since the 1990s the effects of globalization on law and legal developments has been a central topic of scholarly debate. To date, the debate is however marked by three substantial deficiencies which this chapter seeks to remedy through a reconceptualization of global law as a law of inter-contextuality expressed through inter-legality and materialized through a particular body of legal norms which can be characterized as connectivity norms. The first deficiency is a historical and empirical one. Both critics as well as (...) advocates of ‘non-state law’ share the assumption that ‘law beyond the state’ and related legal norms have gained in centrality when compared with previous historical times. While global law, including both public and private global governance law as well as regional occurrences such as EU law, has undergone profound transformations since the structural transformations which followed the de-colonialization processes of the mid-twentieth century, we do not have more global law relatively to other types of law today than in previous historical times. The second deficiency is a methodological one. The vast majority of scholarship on global law is either of an analytical nature, drawing on insights from philosophy, or empirically observing the existence of global law and the degree of compliance with global legal norms at a given moment in time. While both approaches bring something to the table they remain static approaches incapable of explaining and evaluating the transformation of global law over time. The third deficiency is a conceptual-theoretical one. In most instances, global law is understood as a unitary law producing singular legal norms with a planetary reach, or, alternatively, a radical pluralist perspective is adopted dismissing the existence of singular global norms. Both of these approaches however misapprehend the structural characteristics, function and societal effects of global law. Instead a third positon between unitary and radical pluralist perspectives can be adopted through an understanding of global law and its related legal norms as a de-centred kind of inter-contextual law characterised by inter-legality. (shrink)

Decision-making regarding healthcare expenditure hinges heavily on an individual's health status and the certainty about the future. This study uses data on propensity of general health exam (GHE) spending to show that despite the debate on the necessity of GHE, its objective is clear—to obtain more information and certainty about one’s health so as to minimise future risks. Most studies on this topic, however, focus only on factors associated with GHE uptake and overlook the shifts in behaviours and attitudes (...) regarding different levels of cost. To fill the gap, this study analyses a dataset of 2068 subjects collected from Hanoi (Vietnam) and its vicinities using the baseline-category logit method. We evaluate the sensitivity of Vietnamese healthcare consumers against two groups of factors (demographic and socioeconomic-cognitive) regarding payment for periodic GHE, which is not covered by insurance. Our study shows that uninsured, married and employed individuals are less sensitive to cost than their counterparts because they value the information in reducing future health uncertainty. The empirical results challenge the objections to periodic health screening by highlighting its utility. The relevance of behavioural economics is further highlighted through a look at the bounded rationality of healthcare consumers and private insurance companies in using and providing the service, respectively. (shrink)

Purpose – This paper furnishes an inaugural reading of abjective consumption by drawing on Kristeva’s psychoanalytic theory of abjection within the wider terrain of consumer cultural research. It offers a conceptual framework that rests on three pillars, viz. irrationality, meaninglessness, dissolution of selfhood. Design/methodology/approach – Qualitative research design that adopts a documentary ethnographic approach, by drawing on a corpus of 50 documentary episodes from the TV series “My Strange Addiction” and “Freaky Eaters”. Findings – The findings from this analysis (...) point to different orders of mediatized discourse that are simultaneously operative in different actors’ frames (e.g. moralizing, medical), in Goffman’s terms, yet none of which attains to address the phenomenon of abjective consumption to its fullblown extent. Research limitations/implications – Although some degree of bias is bound to be inherent in the data because of their pre-recorded status, they are particularly useful not in the least because this is a “difficult sample” in qualitative methodological terms. Practical implications – The multi-order dimensionalization of abjective consumption opens up new vistas to marketers in terms of adding novel dimensions to the message structure of their communicative programs, in line with the three Lacanian orders. Social implications – The adoption of a consumer psychoanalytic perspective allows significant others to fully dimensionalize the behavior of abjective consumption subjects, by becoming sensitive to other than symbolic aspects that are endemic in consumer behavior. Originality/value – This paper contributes to the extant consumer cultural research literature by furnishing the novel conceptual framework of abjective consumption, as a further elaboration of my consumer psychoanalytic approach to jouissance consumption, as well as by contrasting this interpretive frame vis-à-vis dominant discursive regimes. (shrink)

This paper argues that throughout his intellectual career, Hobbes remains unsatisfied with his own attempts at proving the invariant advisability of contract-keeping. Not only does he see himself forced to abandon his early idea that contractual obligation is a matter of physical laws. He also develops and retains doubts concerning its theoretical successor, the doctrine that the obligatoriness characteristic of contracts is the interest in self-preservation in alliance with instrumental reason - i.e. prudence. In fact, it is during his work (...) on Leviathan that Hobbes notes the doctrine's main shortcoming, namely the limitation of its dialectical potential to cases in which contract-breakers are publicly identifiable. This essay shows Hobbes's doubts about his Leviathan's treatment of contractual obligation by way of a close reading of its central 15 th chapter and an analysis of some revealing shifts between the English Leviathan and the Latin edition. The paper ends by suggesting that Hobbes's awareness of the flaws at the heart of his political philosophy helps account for some striking changes in his latest writings. (shrink)

This chapter centers around law's capacity to constitute practical reasons. In discussing this theme, consideration is given to law's artifactual character. The discussion falls into two main parts. In Section 1, I critically examine a skeptical line of thought about law's capacity to constitute reasons for action, which draws, in part, on law's artifactuality. I argue for a somewhat less skeptical (but still qualified) stance, according to which the fact that a legal directive has been issued can (notwithstanding the artifactuality (...) involved) be a reason for action, yet one that is underpinned by bedrock values which (under certain conditions and constraints) law is apt to serve. In Section 2, I consider whether, and in what sense, law can acquire an even more 'robust' status as a source of practical reasons. I focus particularly on Joseph Raz's position about the normative force of (legitimate) legal authority and on an alternative position I have proposed and advocated elsewhere. (shrink)

Properties have an important role in specifying different views on laws of nature: virtually any position on laws will make some reference to properties, and some of the leading views even reduce laws to properties. This chapter will first outline what laws of nature are typically taken to be and then specify their connection to properties in more detail. We then move on to consider three different accounts of properties: natural, essential, and dispositional properties, and we shall see that different (...) conceptions of properties also result in different views of the modal status of laws, such as the question of whether laws are metaphysically necessary or contingent. Finally, there are also important links specifically between properties, natural kinds, and laws of nature that deserve our attention. (shrink)

Postnationalists like Habermas have suggested EU citizenship as a way to overcome nationalisms, grounding political belonging on the body of laws that members of the postnational polity generate in the public sphere. Cosmopolitan communitarianist like Bellamy think that EU citizens should form a mixed-commonwealth, with political belonging based on their nations. I will argue that the second option is more desiderable and submit the analogical character of the ensuing ideas of the citizenship, identity and polity. Cosmopolitan communitarianist citizenship promises to (...) better foster the great richness of European national cultural, religious, historical, political, legal and linguistic diversity while still maintaining a certain unity to form a "mixed" polity. (shrink)

Contingentism, generally contrasted with law necessitarianism, is the view that the laws of nature are contingent. It is often coupled with the claim that their contingency is knowable a priori. This paper considers Bird's (2001, 2002, 2005, 2007) arguments for the thesis that, necessarily, salt dissolves in water; and it defends his view against Beebee's (2001) and Psillos's (2002) contingentist objections. A new contingentist objection is offered and several reasons for scepticism about its success are raised. It is concluded that (...) certain higher-level laws describing the behaviours of molecular compounds may be necessary due to their dependence on underlying physical laws, and that the modal status of laws of nature cannot be determined a priori, as the structural features of the substances and properties they govern must first be investigated. (shrink)

This paper shows how a niche account of the metaphysics of laws of nature and physical properties—the Powers-BSA—can underpin both a sense in which the laws are metaphysically necessary and a sense in which it is true that the laws could have been different. The ability to reconcile entrenched disagreement should count in favour of a philosophical theory, so this paper constitutes a novel argument for the Powers-BSA by showing how it can reconcile disagreement about the laws’ modal status. (...) This paper also constitutes a defence of modal necessitarianism, the interesting and controversial view according to which all worlds are nomologically identical, because it shows how the modal necessitarian can appease the orthodox contingentist about laws. (shrink)

Does the moral status of an action provide in itself a non-instrumental, pro-tanto reason for a corresponding legal status – a reason that applies regardless of whether the law promotes a value that is independent of the law, such as preventing wrongdoing or promoting distributive or retributive justice? While the relation between morality and law is a familiar topic, this specific question is typically not considered explicitly. Yet it seems to be controversial and each of the contrasting answers (...) to this question has some appeal. The article highlights and considers this question. it concludes that the answer is negative: there is no necessary relation between morality and law in this respect. Rather, there is a reason in favor of incorporating morality into the law only when this incorporation promotes a moral value that is independent of the law. (shrink)

To describe computers and sophisticated robots, many people today have no problem using personal attributes. Alan Turing published his famous intelligence test in 1950. From that time onwards, computers have gained increasingly higher status in this regard. Computers and robots nowadays are not only intelligent. They perceive, they remember, they understand, they decide, they play and so on. Recently, another such step has occurred but, this time, many researchers are seriously concerned. In February 2017, the European Parliament passed a (...) Resolution to attribute legal personhood to intelligent robots. If this is accepted as law, it will have very serious consequences for our self-understanding and for the way we live together as a community. The EU Resolution has stimulated various studies, arising mainly from the area of legal studies. It is urgent that the response include also a philosophical evaluation regarding the fundamental concepts at play. This paper seeks to make a contribution precisely in this area. It explores the attribution of legal personhood to machines by focusing on what is happening at the level of meaning. It explores crucial concepts like responsibility, autonomy, person and quasi-person by drawing inspiration from the seminal works of Aristotle and L. Wittgenstein and from the ensuing debates between current philosophers like P. Hacker and D. Dennett. The results of this paper indicate what dangers could lie ahead and what could be the right way to avoid them. (shrink)

Autonomous weapons systems (AWS), sometimes referred to as “killer robots”, are receiving evermore attention, both in public discourse as well as by scholars and policymakers. Much of this interest is connected with emerging ethical and legal problems linked to increasing autonomy in weapons systems, but there is a general underappreciation for the ways in which existing law might impact on these new technologies. In this paper, we argue that as AWS become more sophisticated and increasingly more capable than flesh-and-blood soldiers, (...) it will increasingly be the case that such soldiers are “in the power” of those AWS which fight against them. This implies that such soldiers ought to be considered hors de combat, and not targeted. In arguing for this point, we draw out a broader conclusion regarding hors de combat status, namely that it must be viewed contextually, with close reference to the capabilities of combatants on both sides of any discreet engagement. Given this point, and the fact that AWS may come in many shapes and sizes, and can be made for many different missions, we argue that each particular AWS will likely need its own standard for when enemy soldiers are deemed hors de combat. We conclude by examining how these nuanced views of hors de combat status might impact on meaningful human control of AWS. (shrink)

The dispute settlement mechanism in FTAs is necessary as they provide means to settle disagreements on interpretation or compliance with treaty obligations. The dispute settlement mechanism help ease tensions among FTA parties and maintain healthy relationships among trading partners. Bashar H. Malkawi.

The purpose of this paper is to examine the status of logic from a metaphysical point of view – what is logic grounded in and what is its relationship with metaphysics. There are three general lines that we can take. 1) Logic and metaphysics are not continuous, neither discipline has no bearing on the other one. This seems to be a rather popular approach, at least implicitly, as philosophers often skip the question altogether and go about their business, be (...) it logic or metaphysics. However, it is not a particularly plausible view and it is very hard to maintain consistently, as we will see. 2) Logic is prior to metaphysics and has metaphysical implications. The extreme example of this kind of approach is the Dummettian one, according to which metaphysical questions are reducible to the question of which logic to adopt. 3) Metaphysics is prior to logic, and your logic should be compatible with your metaphysics. This approach suggests an answer to the question of what logic is grounded in, namely, metaphysics. Here I will defend the third option. (shrink)

What is the explanatory role of ‘status-truths’ such as essence-truths, necessity-truths and law-truths? A plausible principle, suggested by various authors, is Ground by Status, according to which status truths ground their prejacents. For instance, if it is essential to a that p, then this grounds the fact that p. But Ground by Status faces a forceful objection: it is inconsistent with widely accepted principles regarding the logic of grounding (Glazier in Philos Stud 174(11):2871–2889, 2017a, Synthese 174(198):1409–1424, (...) 2017b; Kappes in Synthese 199(1–2):2575–2595, 2020, Philos Stud 178(4):1267–1284, 2021). I defend Ground by Status against this objection. (shrink)

Two approaches to elevating certain laws of nature over others have come to prominence recently. On the one hand, according to the meta-laws approach, there are meta-laws, laws which relate to laws as those laws relate to particular facts. On the other hand, according to the modal, or non-absolutist, approach, some laws are necessary in a stricter sense than others. Both approaches play an important role in current research, questioning the ‘orthodoxy’ represented by the leading philosophical theories of natural laws—Humeanism, (...) the DTA view, dispositional essentialism and primitivism. This paper clarifies the relations between these two emerging approaches, as well as their applicability to physical laws and the status of the challenges they pose for standard theories of laws of nature. We first argue that, despite some significant similarities between the two approaches (especially in the context of Lange’s counterfactual account of laws), they are in general distinct and largely independent of each other. Then, we argue that the support for meta-laws from physical theory and practice is more questionable than usually presented. (shrink)

This book develops the law of political economy as a new field of scholarly enquiry. Bringing together an exceptional group of scholars, it provides a novel conceptual framework for studying the role of law and legal instruments in political economy contexts, with a focus on historical transformations and central challenges in both European and global contexts. Its chapters reconstruct how the law of political economy plays out in diverse but central fields, ranging from competition and consumer protection law to (...) labour and environmental law, giving a comprehensive overview of the central challenges of the law of political economy. It also provides a sophisticated and multifaceted framework for further enquires while outlining the contours of new law of political economy. (shrink)

The precautionary principle in public decision making concerns situations where following an assessment of the available scientific information, there are reasonable grounds for concern for the possibility of adverse effects on the environment or human health, but scientific uncertainty persists. In such cases provisional risk management measures may be adopted, without having to wait until the reality and seriousness of those adverse effects become fully apparent. This is the definition of the precautionary principle as operationalized under EU law. The precautionary (...) principle is a deliberative principle. Its application involves deliberation on a range of normative dimensions which need to be taken into account while making the principle operational in the public policy context. Under EU law, any risk management measures to be adopted while implementing the precautionary principle, have to be proportionate to ensure the chosen high level of protection in the European Community. This articlewill illustrate the established practice concerning the release of genetically modified organisms into the environment and how the principle is implemented under hard law. The article also provides an outlook on what this may imply for the relative new case of nanotechnology and the use of precautionary principle within the context of soft law (use of codes of conduct). (shrink)

Upon the relation between significant, subject and history, Materialistic Discourse Analysis –theoretical and methodological framework of the present research –confronts itself perennially with the analytical material in order to understand language in the movement of the social. The theory only takes place when it is in front of the analytical procedures of a specific object, which, in this investigation, it may be identified as: the discourses about the self in the authorial composition of vlogs, YouTube videos characterized as a language (...) ritual in which the subject, as he texts (himself) in digital space, affects the stabled relations of privacy, the other and the meanings of authorship. Besides the exponent authors of discourse studies –namely Michel Pêcheux and Eni Orlandi –, the research also consulted specific works about the imbrication of different significant materialities (Suzy Lagazzi), about the contemporary functioning of the digital (Solange Gallo and Cristiane Dias), about the law from a critical-Marxist perspective (Bernard Edelman, Márcio Naves and Celso Kashiura), in addition to a materialistic background supported by Louis Althusser. Aiming to analyze the discourse(s) about the 'self' in the authorial composition of vlogs, the proceduresare driven by the question Which interpretation gestures about the 'self' are mobilized in the confluence between the significant formulation in the digital space of the vlog reading and the subject that publicizes what is represented as particular? The analytical framework is built on the support of comprehending vlogs as a place of saying that runs in digital space and is crossed by tenuous frontiers as creating equivocal ties with the social in the imbrication of symbolical and political. Mediante a relação entre significante, sujeito e história, a Análise de Discurso Materialista, aporte teórico e metodológico da pesquisa proposta, confronta-se constantemente com o material analítico para compreender a linguagem no movimento do social. A teoria somente se realiza perante os procedimentos de análise de um objeto específico, que nesta investigação é delimitado como: os discursos sobre o eu na composição autoral dos vlogs, vídeos do YouTube caracterizados como ritual de linguagem em que o sujeito, ao (se) textualizar no espaço digital, mexe com as relações estabilizadas de privacidade, com o outro e com os sentidos de autoria. Além de estudos sobre o discurso, tendo Michel Pêcheux e Eni Orlandi como expoentes da área, a pesquisa recorreu aos trabalhos específicos sobre a imbricação de diferentes materialidades significantes (Suzy Lagazzi), sobre o funcionamento contemporâneo do digital (Solange Gallo e Cristiane Dias), sobre o direito a partir de umas perspectiva crítico-marxista (Bernard Edelman, Márcio Naves e Celso Kashiura), além de um embasamento materialista ancorado em Louis Althusser. Com o objetivo de analisar o(s) discurso(s) sobre o „eu‟ na composição autoral dos vlogs, os procedimentos se guiam pela pergunta Que gestos de interpretação sobre o „eu‟ são suscitados no encontro entre a formulação significante no espaço digital de leitura do vlog e o sujeito que publiciza o que é representado como particular? O dispositivo analítico construído tem como suporte a compreensão dos vlogs como um lugar de dizer funcionando no espaço digital e atravessado por fronteiras tênues na criação de laços equívocos com o social na imbricação do simbólico com o político. (shrink)

The status of the laws of nature in Hobbes’s Leviathan has been a continual point of disagreement among scholars. Many agree that since Hobbes claims that civil philosophy is a science, the answer lies in an understanding of the nature of Hobbesian science more generally. In this paper, I argue that Hobbes’s view of the construction of geometrical figures sheds light upon the status of the laws of nature. In short, I claim that the laws play the same (...) role as the component parts – what Hobbes calls the “cause” – of geometrical figures. To make this argument, I show that in both geometry and civil philosophy, Hobbes proceeds by a method of synthetic demonstration as follows: 1) offering a thought experiment by privation; 2) providing definitions by explication of “simple conceptions” within the thought experiment; and 3) formulating generative definitions by making use of those definitions by explication. In just the same way that Hobbes says that the geometer should “put together” the parts of a square to learn its cause, I argue that the laws of nature are the cause of peace. (shrink)

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

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

Two problems about rights have received so far little attention. One is the problem of identifying a general value in the practice of rights. The second is to see when, if at all, rights violations wrong the right-holder, in a morally significant sense. In the present essay, I address the first question by investigating the second. I first show that if we commit to the two ideas, common in the contemporary philosophy of rights, that claim-rights always correlate with directed duties (...) and that rights aspire to protect interests of the right-holder, we make it hard to explain why rights violations, in general, wrong right-holders. In the final section, I present what I see as a promising solution to the puzzle. I describe a particular social environment (the society of equals) where interacting with others through rights is indeed valuable because respecting rights communicates that one takes seriously others’ equal moral status. In such a society and only in such a society, I conclude, moral agents are required to treat all rights violations as wrongs perpetrated against the right-holder. (shrink)

If the Past Hypothesis underlies the arrows of time, what is the status of the Past Hypothesis? In this paper, I examine the role of the Past Hypothesis in the Boltzmannian account and defend the view that the Past Hypothesis is a candidate fundamental law of nature. Such a view is known to be compatible with Humeanism about laws, but as I argue it is also supported by a minimal non-Humean "governing'' view. Some worries arise from the non-dynamical and (...) time-dependent character of the Past Hypothesis as a boundary condition, the intrinsic vagueness in its specification, and the nature of the initial probability distribution. I show that these worries do not have much force, and in any case they become less relevant in a new quantum framework for analyzing time's arrows---the Wentaculus. Hence, the view that the Past Hypothesis is a candidate fundamental law should be more widely accepted than it is now. (shrink)

The article examines the so-called slippery slope argument (SSA) against the legalization of active voluntary euthanasia (AVE). According to the SSA, by legalizing AVE, the least morally controversial type of euthanasia, we will take the first step onto a slippery slope and inevitably end up in the moral abyss of widespread abuse and violations of the rights of the weakest and most vulnerable patients. In the first part of the paper, empirical evidence to the contrary is presented and analyzed: None (...) of the forecasted regrettable trends can be elicited from the body of existing statistical data. Accordingly, we have no good reason to believe either that we already are, or are sooner or later going to be, sliding into a moral abyss. A related question is then considered: Would it not be wiser and safer to stick to the status quo and preserve the existing legal ban on AVE even if the risk of its abuse is uncertain and may well turn out to be relatively low? It is argued that such an appeal to precautionary reasoning fails to justify an outright legal ban on AVE for at least two reasons: (i) it grossly underestimates the hidden moral costs of current legal arrangements (competent terminal patients suffer both disrespect for their autonomous will and deprivation of the good of a timely death) and (ii) the ban is both too inefficient and disproportionate to qualify as a reasonable measure of precaution. (shrink)

According to an influential and intuitively appealing argument, morality is usually continuous, namely, a gradual change in one morally significant factor triggers a gradual change in another; the law should usually track morality; therefore, the law should often be continuous. This argument is illustrated by cases such as the following example: since the moral difference between a defensive action that is reasonable and one that is just short of being reasonable is small, the law should not impose a severe punishment (...) when the action is almost reasonable and no punishment at all when the action is reasonable. In this Article, I consider two doubts regarding this argument. First, the premise that morality is continuous in such cases is incompatible with the common view that the moral status of actions is not continuous since there is an important difference between actions that are permissible and actions that are wrong— even if this difference is due to a difference that is very small, such as the one between an action whose consequences are the best and an action whose consequences are just slightly less good. This view extends also to the overall moral status of agents given the common assumption that it depends on the moral status of their actions. This is an important challenge that the Continuity Argument should confront. However, I argue that the best account of morality is more scalar than the common view in these respects. Therefore, I conclude that the first premise of the Continuity Argument is correct in this regard, although it is based on a minority view. The second doubt concerns the scope of the second premise: since there are reasons both in favor and against legal continuity, and the applicability and force of these reasons depend not only on various moral propositions but also on contingent non-moral facts, we often lack the evidence to determine the degree to which the law, at a certain place and time, should be continuous, and specifically that it should often be continuous. (shrink)

The article examines the so-called slippery slope argument (SSA) against the legalization of active voluntary euthanasia (AVE). According to the SSA, by legalizing AVE, the least morally controversial type of euthanasia, we will take the first step onto a slippery slope and inevitably end up in the moral abyss of widespread abuse and violations of the rights of the weakest and most vulnerable patients. In the first part of the paper, empirical evidence to the contrary is presented and analyzed: None (...) of the forecast regrettable trends can be elicited from the body of existing statistical data. Accordingly, we have no good reason to believe either that we already are, or are sooner or later going to be, sliding into a moral abyss. A related question is then considered: Would it not be wiser and safer to stick to the status quo and preserve the existing legal ban on AVE even if the risk of its abuse is uncertain and may well turn out to be relatively low? It is argued that such an appeal to precautionary reasoning fails to justify an outright legal ban on AVE for at least two reasons: (i) it grossly underestimates the hidden moral costs of current legal arrangements (competent terminal patients suffer both disrespect for their autonomous will and deprivation of the good of a timely death) and (ii) the ban is both too inefficient and disproportionate to qualify as a reasonable measure of precaution. (shrink)

In a quantum universe with a strong arrow of time, it is standard to postulate that the initial wave function started in a particular macrostate---the special low-entropy macrostate selected by the Past Hypothesis. Moreover, there is an additional postulate about statistical mechanical probabilities according to which the initial wave function is a ''typical'' choice in the macrostate. Together, they support a probabilistic version of the Second Law of Thermodynamics: typical initial wave functions will increase in entropy. Hence, there are two (...) sources of randomness in such a universe: the quantum-mechanical probabilities of the Born rule and the statistical mechanical probabilities of the Statistical Postulate. I propose a new way to understand time's arrow in a quantum universe. It is based on what I call the Thermodynamic Theories of Quantum Mechanics. According to this perspective, there is a natural choice for the initial quantum state of the universe, which is given by not a wave function but by a density matrix. The density matrix plays a microscopic role: it appears in the fundamental dynamical equations of those theories. The density matrix also plays a macroscopic / thermodynamic role: it is exactly the projection operator onto the Past Hypothesis subspace. Thus, given an initial subspace, we obtain a unique choice of the initial density matrix. I call this property "the conditional uniqueness" of the initial quantum state. The conditional uniqueness provides a new and general strategy to eliminate statistical mechanical probabilities in the fundamental physical theories, by which we can reduce the two sources of randomness to only the quantum mechanical one. I also explore the idea of an absolutely unique initial quantum state, in a way that might realize Penrose's idea of a strongly deterministic universe. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume 31, Number 1, April 2005, pp. 123-144 Laws Not Men: Hume's Distinction between Barbarous and Civilized Government NEIL McARTHUR 1. Introduction Hume uses the adjectives "civilized" and "barbarous" in a variety of ways, and in a variety of contexts. He employs them to describe individuals, societies, historical eras, and forms of government. These various uses are closely related. Hume thinks that cultural and political development are (...) intimately connected, and are mutually dependent. Civilized government goes together with civilized society. A wise ruler cannot emerge before "refinements have taken place" in the society at large and "science [becomes] known in the world." At the same time, the policy of a monarch who is "ignorant and uninstructed... for ever prevents all improvements."1 This intimate connection, however, is not an identification. A civilized government is not simply that which produces, or results from, a civilized society. When discussing forms of government, Hume uses the terms "barbarous" and "civilized" consistently and somewhat narrowly, to describe governments that possess certain specific characteristics. It is striking that these characteristics are explicitly divorced from the abilities or characters of the rulers. While a nation requires wise and refined leadership to achieve its civilized status, Hume thinks it is a crucial feature of civilized government that, once established, it depends Neil McArthur is at the University of Manitoba, Winnipeg, Manitoba R3T 2M8, Canada, e-mail: [email protected] 124 Neil McArthur entirely on its institutional structure, and not on the talents or intentions of any individual or group. To understand Hume's distinction between these two kinds of government, it is useful to abstract away from his discussion of more general issues of cultural development, and to lay temporarily aside the causal question of what social and economic conditions are necessary to produce a civilized government. I propose to explain Hume's concepts of barbarous and civilized government just in terms of the institutional characteristics possessed by each. Hume's choice of adjectives is not, of course, accidental. The complex causal questions of how a civilized government comes about, and what is its relation to civilized society, are large and important ones. However, 1 do not propose to take them up here.2 The crucial feature dividing civilized and barbarous government is their relation to law. In his essay "Of Civil Liberty" Hume says: "It may now be affirmed of civilized monarchies, what was formerly said in praise of republics alone, that they are a government of Laws, not of Men."3 "Barbarous government" are thus "governments of men"—he also calls them governments "of will."4 Scholars of Hume's political theory have noted the importance of the rule of law in defining "civilized government. "5 However, they have not made clear precisely what Hume thinks precisely defines a "government of laws. " I submit that such a government must (for Hume) possess three characteristics. It must have: 1. A clear separation between the legislative and magisterial "powers" of the state; 2. A rigid subordination of the magisterial to the legislative power, such that the "discretion" of magistrates is restricted by "general laws"; 3. Self-sufficient laws and institutions, such that they are able to operate regardless of the intentions or abilities of individual rulers or officeholders. To this end, a government of laws must possess fixed rules governing the succession of officers, including (in a civilized monarchy) succession to the throne. Hume thinks specific governments may meet these criteria to varying degrees through time (with regression also possible). His use of the term "civilized government" nevertheless implies that it exists as a distinct, and achievable, ideal. An examination of Hume's theory of civilized government shows his understanding of the rule of law to be more subtle and complex than has previously been acknowledged. Hume moves beyond traditional Whig panegyrics on the rule of show to show how the law must operate if it is to protect people from oppression in the local theatres in which it is most acute. He articulates a theory of "civilized monarchy" that provides a middle path between republican and absolutist theories of government, and that is consistent his philosophy as a whole. Hume Studies Laws... (shrink)

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

One popular defence of moral omnivorism appeals to facts about the indirectness of the diner’s causal relationship to the suffering of farmed animals. Another appeals to the claim that farmed animals would not exist but for our farming practices. The import of these claims, I argue, has been misunderstood, and the standard arguments grounded in them fail. In this paper, I develop a better argument in defence of eating meat which combines resources from both of these strategies, together with principles (...) of population ethics, and discuss its implications for which sorts of meat it is permissible to eat. According to the diner’s defence, there is an asymmetry between producers and consumers of meat. Producers can prevent the suffering of animals without preventing their existence, but consumers cannot. This asymmetry grounds a defence against harm-based objections to eating meat which is available to the consumer alone, and which avoids the controversial commitments about moral status or the interests of nonhuman animals endemic to existing attempts to justify omnivorism. (shrink)

Techno-ethics is the area in the philosophy of technology which deals with emerging robotic and digital AI technologies. In the last decade, a new techno-ethical challenge has emerged: Autonomous Weapon Systems (AWS), defensive and offensive (the article deals only with the latter). Such AI-operated lethal machines of various forms (aerial, marine, continental) raise substantial ethical concerns. Interestingly, the topic of AWS was almost not treated in Jewish law and its research. This article thus proposes an introductory ethical-halakhic perspective on AWS, (...) in the Israeli context. The article has seven sections. Section 1 defines AWS and the main ethical concerns it evokes, while providing elementary definitions and distinctions. §2 locates AWS within the realm of Jewish laws of war (hilkhot-ẓava), which recognize the right for self-defense, as well as the status of universally accepted moral norms. §3 unfolds pragmatic ethical premises of a humane techno-ethics, which are required for the identifying AWS as a moral question: I. Relationality; II. Technology is not (completely) neutral; III. The fallaciousness of transhumanism. It is argued that these premises are compatible with halakhic tradition. §4 investigates the question of the morality of AWS, within the field of military AI ethics. It is clarified why the standard categories of war-ethics (ad bello, in bellum) do not capture the singular ethical problem of AWS, which pertains to the operation of military means, rather than their human targets. It is argued that reductive perception of the human mind is misleading about the feasibility of ‘ethical robots’, capable of independent moral discretion. To provide a thick examination of human agency from the perspective of Jewish tradition, §5 explores two stories from the biblical book of Samuel (the murder of Nob’s priests and of Uriah). The lessons about the significance of moral agency within the pubic-political military sphere are made explicit, as well as the possible costs resulting from the loss of human agency in the case of AWS. Given that realpolitik considerations are basic in halakhah, §6 considers some possible contemporary socio-political implications of the AWS, that may risk the sustainability of the democratic project. §7 concludes by pointing out humane contributions of Jewish law to contemporary techno-ethics. (shrink)

A guide for translators, about the translation theory, the translation process, interpreting, subtitling, internationalization and localization and computer-assisted translation. A special section is dedicated to the translator's education and associations. The guide include, as annexes, several independent adaptations of the corresponding European Commission works, freely available via the EU Bookshop as PDF and via SetThings as EPUB, MOBI (Kindle) and PDF. For a “smart”, sensible translation , you should forget not the knowledge acquired at school or university, but the corrective (...) standards. Some people want a translation with the touch of the source version, while another people feel that in a successful version we should not be able to guess the original language. We have to realize that both people have right and wrong, and that their only fault is to present requirement as an absolute truth. Teachers agree at least on this principle: “If a sentence is ambiguous, the translation must also be“. There is another critical, less easy to argue, based on an Italian phrase with particularly strong wording: “Traduttore, traditore“. This critique argues that any translation will betray the author‘s language, spirit, style … because of the choices on all sides. What to sacrifice, clarity or brevity, if the formula in the text is brief and effective, but impossible to translate into so few words with the exact meaning? One could understand this criticism that it encourages us to read “in the text.” It seems obvious that it is impossible to follow this advice into practice. CONTENTS: Translation - Assessment of the amount of translated texts - Translation and interpretation - - Translation documents - Translation theories - - Practical / communicative approach - - Approaches of literary theories - - Sociolinguistic mainstream - - Approaches based on linguistic theories - - Approaches based on philosophical and hermeneutic concepts - - Semiotic approaches - The translation process - Types of translations - - Technical translation - Schools of thought - Difficulties associated with specialized domains - The problem of double translation - Thoughts about translation - European standard for translation services - Beautiful infidels - Self-translation - - Types of self-translation - - Factors that promote self-translation - - Self-translation and not authorial translation - Technical translation - - Terminology - - Translation process - - Translation tools - - The technical translator - - - Status - - - Remuneration - Conference interpreting - - Methods of interpretation - - Skills of the interpreter - - Contexts and working languages - - The interpretation in international institutions - - - UNESCO - - - European Union Internationalization and localization - Example - Internationalization and localization - Challenges - Software localization - - Difficulties - - Composing specifications - - Special tools Computer-assisted translation - Translation memory - - Advantages and disadvantages - - General operation - - Various - - Software - Machine translation - - Translation process - - Prerequisites - - Difficulties - - Approaches - - Development - - Existing products and services - - Prospective - Parallel text Subtitle - Subtitling or dubbing? - Description - Subtitling the movies - - Spotting - - Translation - - Simulation - - Engraving, inlaying or packaging - - The live broadcast - Live captioning - - Velotype - - Touch typing - - Computer-aided stenotype - - Speech recognition - Surtitles - - Comments - - Technical means - - Artistic issues - Quasi instant voice translation - - Difficulties - - Ongoing projects - - Future Translation Studies - Theories of translation - Interpretive theory - Back-translation - - The proper use of back-translation - False friends - - Cognates - - - Complete false friends - - - Partial false friends - - False cognates - Translation process - - The implications of the "inside" language - - Total and not absolute translation - - A single model - Untranslatability - - Hovering - - Translation methods - - - Adaptation - - - Calque - - - Compensation - - - Borrowing - - - Periphrasis - - - Translator's note - - Untranslatability of poetry and puns - - An amazing counterexample Translators - Translator's notes - European Master's in Translation - - European Master's in Translation - - - Organization of EMT - - - Core skills - - The EMT label - - EMT Network - - - Eligibility - - Members - European Council of Literary Translators' Associations - - History - - Objectives - International Translation Day Annexes: Translation in EU - Translation Guide - - Think before you write - - - Who will be reading the document? - - - What are you trying to achieve? - - - What points must the document cover? - - Focus on the reader - - - Be direct and interesting - - Get your document into shape - - - When you start - - - As you write - - - Two common problems at the European Commission: - - KISS - Keep It Short and Simple - - - Short... - - - ... and Simple: - - - Simple, uncluttered style also means: - - Make sense - structure your sentences - - Cut out excess nouns - verb forms are livelier - - Be concrete, not abstract - - Prefer active verbs to passive - - - Name the agent - - Beware of false friends, jargon and abbreviations - - - Avoid false friends - - - Avoid or explain jargon - - - Take care with abbreviations - - Revise and cheque check - Clear English Tips - - English prefers to be simple, concise and concrete. - - - Use simple words where appropriate. - - - Prefer a verb to an abstract noun - - - Prefer a gerund to an abstract noun - - - Prefer participles to relative clauses - - - And eliminate participles entirely if appropriate. - - - Use the passive voice sparingly - - - Consider replacing negatives with positives - - - Consider short forms and pronouns to avoid repeating full names … - - - Express conditions, including hidden ones, with ‘if’ ... - - - In general, cut out extra verbiage. - - English prefers straightforward syntax - - - Keep the subject close to the beginning of the sentence - - - Avoid splitting up subjects, modals, verbs and direct objects - - - If a sentence is too long, pull information out into separate sentences. - - - Use topic-introducing phrases sparingly. - - English may use different number, articles, gender or words from other languages - - - Keep uncountable nouns in the singular. - - - Use ‘a’ rather than ‘the’ for members of a class. - - - Do not use gender pronouns for entities. - - - Consider alternatives to ‘of’. - - - Finally, avoid ‘false friends’ in translation. - English Style Guide - - Introduction - - Writing English - - - GENERAL - - - SPELLING - - - PUNCTUATION - - - NUMBERS - - - ABBREVIATIONS AND SYMBOLS - - - Acronyms and initialisms - - - Contractions and truncations - - - FOREIGN IMPORTS - - - PARTS OF SPEECH - - - LISTS - - - SCIENCE GUIDE - - - FOOTNOTES, CITATIONS AND REFERENCES - - - CORRESPONDENCE - - - PERSONAL NAMES AND TITLES - - - NAMES OF BODIES - - - GENDER-NEUTRAL LANGUAGE - - About the European Union - - - THE EUROPEAN UNION - - - PRIMARY LEGISLATION - - - SECONDARY LEGISLATION - - - THE EU INSTITUTIONS - - - REFERENCES TO OFFICIAL PUBLICATIONS - - - EU FINANCES - - - MEMBER STATES - - - OFFICIAL LANGUAGES AND CURRENCIES - - - EXTERNAL RELATIONS - - TRANSLITERATION - - - TRANSLITERATION TABLE FOR GREEK - - - TRANSLITERATION TABLE FOR CYRILLIC - - FORMS OF ADDRESS - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - Style Guide for EU Member States - - Austria - - - Geography - - - Judicial bodies - - - Legal instruments - - - Government bodies and administrative divisions - - Belgium - - - Geography - - - Judicial bodies - - - Legal instruments - - - Federal structure - - Bulgaria - - - Geography - - - Judicial bodies - - - Legal instruments - - Croatia - - - Geography - - - Regions - - - Judicial bodies - - - Political and administrative structure - - - Legal instruments - - - Law gazettes, official gazettes and official journals - - - Miscellaneous - - Cyprus - - - Geography - - - Judicial bodies - - - Legal instruments - - Czech Republic - - - Geography - - - Judicial bodies - - - Legal instruments - - Denmark - - - Geography - 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- - Geography - - - Judicial bodies - - - Legal instruments - - Malta - - - Geography - - - Judicial bodies - - - Legal instruments - - Netherlands - - - Geography - - - Judicial bodies - - - Legal instruments - - Poland - - - Geography - - - Judicial bodies - - - Legal instruments - - - Law gazettes, official gazettes and official journals - - Portugal - - - Geography - - - Judicial bodies - - - Legal instruments - - Romania - - - Geography - - - Judicial bodies - - - Legal instruments - - Slovakia - - - Geography - - - Judicial bodies - - - Legal instruments - - Spain - - - Geography - - - Judicial bodies - - - Legal instruments - - Sweden - - - Geography - - - Judicial bodies - - - Legal instruments - - Turkey - - - Judicial bodies - - - Legal instruments - - United Kingdom - - - Geography Quotes References About the author - Nicolae Sfetcu . 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This research investigates whether the non-market economy status of NMEs such as Vietnam disadvantages exporters in anti-dumping investigations and proceedings. The research analyses legal, procedural and other issues relating to the non-market economy status of NMEs in general and Vietnam in particular, in anti-dumping investigations and proceedings conducted by the US and the EU.

In Eichmann in Jerusalem , Hannah Arendt struggled to defend the possibility of judgment against the obvious problems encountered in attempts to offer legally valid and morally meaningful judgments of those who had committed crimes in morally bankrupt communities. Following Norrie, this article argues that Arendt’s conclusions in Eichmann are equivocal and incoherent. Exploring her perspectival theory of judgment, the article suggests that Arendt remains trapped within certain Kantian assumptions in her philosophy of history, and as such sees the question (...) of freedom in a binary way. The article argues that Adorno’s philosophy of freedom provides the resources to diagnose and overcome Arendt’s shortcomings. Adorno’s position provides a way of embracing the antinomical character of judgment, by emphasising the need for elements of reason and nature in the phenomenon of freedom. In Adorno’s lights, judgment becomes an attempt to express a ‘spirit of solidarity’ with the tragic status of the potentially free but actually unfree subject of modernity. (shrink)

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

This paper addresses the issue of the moral standing of nonhuman animals and their moral and legal rights. First of all, two most prominent views arguing for moral significance of animals are discussed. Peter Singer’s utilitarian view is that animals are sentient beings and therefore deserve equal consideration of their interests. Next, Tom Regan’s standpoint is that many animals have inherent value as experiencing subjects of a life, and consequently an equal right to be treated with respect. This is followed (...) by a discussion about legislation and legal practice in our country and abroad. Finally, it is argued that animals should have at least some basic rights guaranteed by the law. (shrink)

The democratic criteria for representation in the European Union are complex since its representation involves several delegation mechanisms and institutions. This paper develops institutional design principles for the representation of peoples and individuals and suggests reform options of the European Union on the basis of the theory of multilateral democracy. In particular, it addresses how the equality of individuals can be realised in EU representation while guaranteeing the mutual recognition of peoples. Unlike strict intergovernmental institutions, the EU requires an additional (...) and independent legislative chamber in which individuals are directly represented. However, strict equality of individuals cannot be the guiding principle for this chamber. In order to avoid the overruling of peoples through supranational majorities, it is necessary to bind the chamber's composition by a principle of degressive proportionality. The representation of peoples, on the other hand, needs to be connected to their domestic democratic institutions. (shrink)

Three things must be clarified before we can proceed with the examination. These are the terms sustainability, politics and megatrend. Unfortunately, all three are ambiguous and few disciplines have arrived at a consistent definition for any of them. While we will not resolve the ambiguity to everyone's satisfaction, we will attempt to achieve an extensional bargain (Rappaport, 1953) through which we develop an understanding of how we are using the terms. First, sustainable development became a construct in 1987 through the (...) Brundtland Report (Brundtland, 1987) and has remained ambiguous ever since. This is where we begin our examination of sustainable consumption. Megatrend, as a phenomenon, has been defined in a multitude of ways over the past thirty-five years. In this chapter, we adopt the criteria set forth by Mittelstaedt et al. (2014) for categorising megatrends, but will use a broader interpretation of what constitutes megatrends. Finally, our use of the term political will be broader than the more common use of the term relating to legal structures, laws or agencies, and include the underlying institutions that frame the more micro aspects of politics. This approach is necessary because of the scale of sustainability and megatrends in both time and space. (shrink)