With the establishment of the World Trade Organization in 1995, the dispute settlement mechanism for international trade was greatly prepared unlike the old GATT system. It has a very different pattern from that of original GATT system. In our case, international trade is a matter of the future of nations, and in reality of the intense world economic competition, this system change may well be of concern to our government or legal experts. In this context, this paper examines the nature (...) and problems of the WTO appeal system under the premise of the rule of law, judicial prowess, and the role of a judge. The WTO dispute settlement mechanism is based on the domestic judicial system or other international judicial systems. In contrast to this, the comparative history is only short indeed, but according to the accumulation of future precedents, it is highly possible to provide a model for the achievement of the rule of law ideals in the international community. However, due to the inherent limitations of international agreement system, the reality of appellate body is not easy. In terms of the international trade and rule of law, the role of appellate body and judges is very broad. However, in this paper, we first look at the significance and nature of the launch of WTO and furthermore; 1) the rule of law and judicial system, 2) several issues related to the nature of WTO dispute settlement mechanism, 3) the importance of judge-made law and the scope and limitations of appellate jurisdiction, 4) issues of reference materials submitted by procedures outside the process, 5) the relationship between the appellate body and political authorities. Over the review, the penetrating thoughts will be focused on judicial activism. Those points of consideration will be discussed through the approach and method on the comparative legal studies and several significant WTO precedents. (shrink)

Fallibilism, as a fundamental aspect of pragmatic epistemology, can be illuminated by a study of law. Before he became a famous American judge, Oliver Wendell Holmes, Jr., along with his friends William James and Charles Sanders Peirce, associated as presumptive members of the Metaphysical Club of Cambridge in the 1870s, recalled as the birthplace of pragmatism. As a young scholar, Holmes advanced a concept of legal fallibilism as incremental community inquiry. In this early work, I suggest that Holmes treats (...) common law cases more like scientific experiments than as deductive applications of already clear rules. Common law rules may be seen as a product of 1) the conflicts that occur in society, 2) the channeling of conflicts into legal disputes, 3) the gradual accumulation of judicial decisions classified into groups, and 4) the development of consensual understanding, expressed in rules and principles, as to how future cases should be classified and decided. This does not involve only lawyers and judges. Especially in controversial cases, it may indirectly involve an entire community. The legal process is seen as an extended intergenerational process of inquiry. It illuminates the relation of thought, expression, and conduct among a community of inquirers, applied to the problems of social ordering. (shrink)

It causes many difficulties for jurisprudence to define the notion of judicial activism. At the very beginning it had rather a journalistic character, but but over time it has become a serious charge against these judges who act on the basis of their vision of what the law ought to be like rather than what it actually is like. On the ground of the polish legal theory the echoes of the dispute about judicial activism are reflected in the (...) discussions about the nature of legal interpretation. Transposing the problem of activism into the problem of interpretation allows the use of analysis tools that were previously unavailable. One of these tools are concepts emerged on the neopragmatist philosophy of Stanley Fish. Fish tries to describe the nature of the interpretation in the context of reader-response criticism and the concept of interpretive communities. Application of Fish's philosophy in the field of legal theory provides constructive conclusions about the concepts of judicial activism and judicial law-making. (shrink)

„O pełnej znajomości prawa można mówić tylko wówczas, gdy zna się prawo i wytworzone przez praktykę reguły posługiwania się nim” – pisał swego czasu Marek Zirk-Sadowski. Pogląd ten wiąże się z niezwykle istotnym sporem o kryterium poprawności dokonywanej przez sędziów wykładni prawa. Zlokalizowanie takiego kryterium wydaje się być szczególnie ważne choćby ze względu na zawartą w naszym systemie prawnym konieczność realizowania zasady trójpodziału władzy, zgodnie z którą w procesie stosowania prawa nie może dochodzić do tzw. kryptoprawotwórstwa. Celem niniejszego tekstu jest (...) zaprezentowanie wybranych koncepcji poprawności wykładni prawa oraz ich krytyka w świetle neopragmatyzmu Stanley'a Fisha, filozofa prawa oraz profesora literaturoznawstwa, którego głównym przedmiotem refleksji był problem interpretacji. Filozofia amerykańskiego neopragmatysty opiera się na dwóch koncepcjach: reader-response criticism i wspólnotach interpretacyjnych. Reader-response criticism polega na skupieniu się na afektywnym aspekcie procesu interpretacji, uznając czytelnika za kluczową instancję tego procesu; koncepcja wspólnot interpretacyjnych z kolei ma wytłumaczyć, dlaczego podmiot interpretuje w taki a nie inny sposób. Zaproponowana przez Fisha metoda pozwala uznać, że de facto jedynym możliwym kryterium poprawności wykładni są inne decyzje sędziowskie. W świetle powyższych uwag wydaje się zasadnym stwierdzenie, że podejście Fisha umożliwia pogłębienie refleksji na temat jednej z kluczowych kwestii zarówno dla praktyki jak i teorii prawniczej, tj. poprawności wykładni prawa. (shrink)

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...) be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (shrink)

The paper was intended to make a tentative point about the organizational reform and types of organization, i.e., international, national and private. The author explores in the basics of public administration and contextualizes the variables often employed critically for the discipline of public policy and administration. They would include, for instance, the democratic principles,importance of communication and negotiation, the concept of policy network, diversity, technology and ethics, which are applied and argued over the transition from 1947 GATT to a WTO (...) nauguration in 1995. The present study of organizations or their reform would assively be consulted for the national or private reform, which tends to shed a focus on the legal perspective, organizational efficiency and reform. The studies in variance with the types of organization or institutional agenda, as well as in the viewpoint of public policy and administration are generally lacking or insufficient, at least, less systemic or fragmented. While the WTO has made much accomplishment since its inception, it would equally be true that the criticism and new vision had been raised and will be likely ahead. As it is one of the most dynamic and active international organizations, the author likes to exemplify it to test a scope of policy variables as interactive with the last and extended renovation in 1987-1994, which continue to be relevant with the new agendas and vision for a better paradigm of WTO and as an international organization. The author also expects that the future research can develop a set of distinct elements in response with the types of organization and from the viewpoint of public administration. (shrink)

Libertarian philosophy asserts that only the initiation of physical force against persons or property, or the threat thereof, is inherently illegitimate. A corollary to this assertion is that all forms of speech, including fraudulent advertising, are not invasive and therefore should be considered legitimate. On the other hand, fraudulent advertising can be viewed as implicit theft under the theory of contract: if a seller accepts money knowing that his product does not have some of its advertised characteristics, he acquires the (...) property title to the customer’s money without voluntary consent, which is theft. The balance between these two logical extensions of property rights—the right of free speech and the right of contract—lies somewhere in the area of communication philosophy, and can be explained through understanding the role of communication in human interactions. Advertising is a form of communication that may convey important information about the conditions of the proposed contract. These conditions are expressed in particular words that may have different meanings in different circumstances. Therefore to determine whether a particular example or “misinterpretation” is mere sophistry or a type of fraud, the judicial system has to approach each issue on a case-by-case basis. The border between legal and illegal should be determined by precedents and by expectations based on commonly accepted definitions of terms—what people commonly understand by the words and other forms of communication they use. (shrink)

A current focus of legal debate is the proper role of the courts in the interpretation of statutes and the Constitution. Are judges to look solely to the naked language of an enactment, then logically deduce its application in simple syllogistic fashion, as legal formalists had purported to do? Or may the inquiry into meaning be informed by perhaps unbridled and unaccountable judicial notions of public policy, using legal realism to best promote the general welfare? Judge Posner considers the (...) concepts of formalism and realism to be meaningful and useful in common law reasoning but in interpretation to be useless and, worse, forbidden. He analogizes unclear "orders" from a legislature to garbled battlefield communications, and argues that the duty of the recipient of those orders (the judge) is to advance as best he can the enterprise set on foot by the superiors. Case studies elaborate this thesis. Judicial decisions interpreting fixed texts, Judge Posner concludes, can be neither logically correct or incorrect, philosophically sound or unsound, until the ultimate jurist, time, has adjudged their results. (shrink)

ArgumentIn the United States, scientific knowledge is brought before the courts by way of testimony – the testimony of scientific experts. We argue that this expertise is best understoodfirstas related to the quality of the underlying scienceand thenin terms of who delivers it. Bloodstain pattern analysis (BPA), a contemporary forensic science, serves as the vaulting point for our exploration of objectivity as a metric for the quality of a science in judicial contexts. We argue that BPA fails to meet (...) the minimal standard set by Helen Longino’s social-procedural account of objectivity (1990, 2002). In light of some pressing issues for social-procedural accounts, we offer an infrastructural account of objectivity. This account offers what amounts to a friendly amendment to Longino’s account and adds to the ways in which we might analyze social-procedural objectivity. Finally, we address an issue that is pressing in the legal context: given that scientific knowledge is delivered by individuals, not communities, at least in U.S. courts, we (may) need a way to evaluate individual scientific and epistemic agents. We suggest a means for making this evaluation that is derived from our infrastructural account of objectivity. (shrink)

This Paper addresses the problem of statelessness, a problem which remains despite treaties and judicial decisions elaborating distinct rules to protect stateless persons. I explain why this has been so. Drawing from the work of Bernhard Waldenfels, I argue that international and domestic courts have presupposed a territorial sense of space, a territorial knowledge and the founding date for the territorial structure of a state-centric international legal community. I then focus upon the idea that an impartial third party (...) can resolve a dispute involving stateless persons by deferring to a universal rule. I call the third party the ‘rule of law third’. Such a rule, I argue, presupposes a presupposed knowledge over stateless persons. The Third takes for granted the territorial boundary of a legal structure, a boundary which excludes the recognition of outsiders to the boundary. (shrink)

In this work, author expressed new R-Synthesis specifically. Good and/or correct perspective that must be behind the definitions and administration generally expressed. New perspective of the philosophy explained generally. Philosophy of GodForm is defined and expressed as connected/related with the following concepts: (a) basic principles, (b) 17 upper constructional philosophies, (c) 14 lower constructional philosophies, (d) eight basic philosophies. As special cases, Philosophy of Engineering and Technology, Philosophy of Wireless Administration and others defined as hybrid philosophies. 17 specific components/units which (...) can be considered to define the basic principles of the related formation, are proposed to be designed by GodForm and defined by the author. Philosophy of GodForm and its relation with Values and Positions specifically defined. New Era Theory and New Era Belief explained generally. Some specific religions/beliefs are defined as variants/forms of the Progressive Religion. Good and/or correct power authorities (R-Power Authority) are defined due to 29 categories. Functional position levels defined for the R-Power Authorities with a unique table. As result of the R-Synthesis, functional position levels of some philosophers, some scientists, and of Prophet Jesus, Prophet Mohamed, Prophets Mouses, Buddha, and of Confucius generally/specifically defined. Integration and past/present effects of some R-Power Authorities in 5 x 5 Ideal Political Construction specifically explained. New Era Belief, Concepts of GodX and Science relation explained with the following concepts: (1) Religion of GodForm, (2) Knowledge of GodX, (3) Nature of GodX. With this respect, some other characteristics of 7 GodX power authorities expressed with details as complementary information. Following concepts/systems defined to arrange and solve some/most/all religious problems, which are determined with R-Synthesis: (a) Religious Responsibilities and Positions, (b) Ideal Religious Administration, (c) Sustainable/Continuable Political Administration System, (d) Community Values Council/Authority for each world country, (e) Progressive Councils. 15 general religious position categories defined to express their good and/or correct meanings/values/responsibilities in the religious system. 21 general/specific cases/programs defined due to New Era Belief to solve possible past/present/future community values problems, to have continuous, judicious, and progressive administration about the 36 kinds of community values. Progressive Councils, which are related with the CUS-WW-HO, are defined. Progressive Religion Council and some of the related religious responsibilities expressed for the kind progressive religion studies due to the Philosophy of Progressive Religions. (shrink)

The proliferation of criminal laws in different legal systems has made legal practitioners and scholars deliberate upon the present day relevance of old age principles and concepts. The maxim ignorantia juris non excusat (ignorantia juris hereinafter) also falls in this category. The application of criminal law is said to rest on the maxim ignorantia juris, meaning ignorance of law is no excuse. The application of the maxim has from time immemorial been defended on grounds of convenience, utility, and community (...) interests. At the same time it has been challenged on grounds of legality and morality. The application of the maximin criminal matters is secured through penal laws. These laws are further validated through judicial pronouncements. Penal statutes and judicial pronouncements have largely been the basis to determine the exceptions and scope of the maxim. -/- Breaking it down to a single case in hand, several factors come into picture including the nature of the crime in question, the mental state of the person accused, the conduct of the accused person, the objective or public utility of the criminal legislation or provision, and the reasons or justifications offered for its rigid or qualified application. The single case is viewed in light of the general provisions of criminal law of the legal system in which the case is being tried. The uniqueness of each case and the criminal statutes of legal systems make it both complex and conducive to generalize or conclude on the true import and application of the maxim ignorantia juris. (shrink)

Since at least the second half of the 19th century, the U.S. federal government has enjoyed “plenary power” over its immigration policy. Plenary power allows the federal government to regulate immigration free of judicial review and thereby, with regard to immigration cases, minimize the Constitutional protections afforded to non-citizens. The justification for granting the U.S federal government such broad powers comes from a certain understanding of sovereignty; one where limiting sovereign authority in cases like immigration could potentially undermine its (...) legitimacy and thereby lead to something like a Hobbesian “state of nature.” One of the potential downsides of allowing the federal government to have such broad powers, however, is the potential to place non-citizens in a situation analogous to what Giorgio Agamben has called the “state of exception.” This situation appears to leave us with the following dichotomy: without something like the plenary power doctrine a political community will end up with a state of nature, but with something like the plenary power doctrine they end up with a state of exception. This essay offers a two-part response to this dilemma. First, it argues that the plenary power doctrine goes against the spirit of the U.S. Constitution, specifically the Fourteenth Amendment. Non-citizens, even undocumented immigrants, are entitled to more Constitutional protections than they currently enjoy. Second, since extending these protections is more consistent with the spirit of the Constitution, I argue that curtailing the federal government’s power over matters of immigration does not undermine its sovereignty, but promotes it. In short, with regard to immigration, it is a false but seductive dichotomy that constitutional democracies must choose between a state of nature and a state of exception. (shrink)

Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at length in (...) “Mistake of Law and Sexual Assault: Consent and Mens Rea” (1986), published at (1987-88) 2(2) Canadian Journal of Women and the Law, 233 309. In that article the author argued that most mistakes about consent are not mistakes about a “fact” that may sometimes negative mens rea, but are actually mistakes about the law that afford accused no excuse under either Canadian common law or statutory criminal law. She argued further that consent must be interpreted as “voluntary agreement” and must be affirmatively and unequivocally communicated in order to operate as an effective waiver of a person’s legal right to be free from interference with his or her bodily integrity. That article was a central reference point in the consultations leading to the 1992 amendments to the sexual assault provisions in the Canadian Criminal Code and in some key decisions by the Supreme Court of Canada in sexual assault cases in the 1990’s. As a result of a gradual transformation of theoretical analysis of the law of mens rea and consent in Canada, culpable awareness is now understood by many jurists and criminal law theorists quite differently than it was twenty-five years ago. As Vandervort acknowledged in her 1984 Agenda for Action, however, clarity in legal theory and legal doctrine is no guarantee of how sexual assault laws will operate in practice. Theory and practice, doctrine and its implementation, often diverge. This phenomenon is still seen in some decisions taken at the trial, pre-trial, and pre-charge stages in sexual assault cases. Police, prosecutors, and many trial judges, like accused, may often be influenced by traditional attitudes about sexual consent and mistaken about the law of consent. Accordingly, in her recent work Vandervort re-visits and re-examines the exercise of discretion by police, prosecutors, and the judiciary. An example is her 2009 article “Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in R. v. Edmondson, Kindrat and Brown” in Sexual Assault Law, Practice & Activism in a Post-Jane Doe Era, edited by Elizabeth Sheehy (Ottawa: University of Ottawa Press, 2012). In this and some of her other recent work, the distinctions between social and legal norms and questions of fact and law, previously analyzed with the objective of clarifying the law, are used to control the effects of social ignorance and partiality in the handling of sexual assault complaints by decision-makers in the criminal justice system at trial and pre-trial. Lucinda Vandervort’s published and unpublished legal and philosophical writings on sexual assault and sexual assault law illustrate the development of a socio-legal scholar’s “Agenda for Action” into a principled, pragmatic, open-ended exercise in “institutional design.” Across two centuries, from the revolutionary era of the 18th century to the present, other radical egalitarians would recognize both the impetus for the project and many features of the political and cultural resistance to it. (shrink)

This work examines the development and performance of federal independent regulatory bodies in Canada in the period up to 1979, with particular attention to the operation of legislative schemes that include executive review and appeal powers. The author assesses the impact of the exercise of these powers on the administrative law process, and proposes new models for the generation, interpretation, implementation, review, and enforcement of regulatory policy. The study includes a series of representative case studies based on documentation and extensive (...) interviews with individuals drawn from government, agencies, and other parties, including counsel for public interest groups. This enables author, writing from her experience as a participant-observer embedded in the public interest legal sector, to draw on the experiences and perspectives of a broad range of participants in the regulatory process, including but not limited to those dealing with the regulated energy, transportation, communications, and foreign investment sectors. Legal principles identified as emergent in leading judicial decisions in administrative law are used to assess the powers and practices used in executive reviews and appeals. The author finds those powers and practices to be flawed and proposes changes. The proposed models are designed to accord with emerging legal principles and avoid flaws of the types identified in the review and appeal provisions. This work, written under contract with the Administrative Law Project of the Law Reform Commission of Canada, formed one part of a comprehensive study of administrative law at the federal level in Canada. (shrink)

This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a specific (...) person. As in many jurisdictions, however, the sexual assault laws are often not enforced. Reporting is lowest and non-enforcement highest in cases involving the most common type of assailants, those who are not strangers but instead persons the complainant knows, often quite well -- acquaintances, supervisors or co-workers, and family members. Reliance on popular narratives about “seduction” and “stranger-danger” leads complainants, police, prosecutors, lawyers, and trial judges, to truncate legal analysis of the facts and leap to erroneous conclusions about “consent.” Wrongful convictions and perverse acquittals, questionable plea bargains and ill-considered decisions not to charge, result. This proposal is designed to curtail the impact of pre-judgments, assumptions, and biases in legal reasoning about voluntariness and affirmative agreement and produce decisions that are legally sound, based on the application of the rule of law to the material facts. Law has long had better tools than the age-old and popular tales of “ravishment” and “seduction.” Those tools can and should be used. (shrink)

This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether (...) a complainant communicated consent is assessed by the hybrid subjective-objective reasonableness standard prescribed by s. 273.2, many decision-makers rely on extra-legal criteria and assumptions grounded on their personal experience and opinion about what is reasonable. In the midst of debate over what the accused knew and what steps were “reasonable” given what the accused knew, the legal definition of consent in section 273.1 is easily over-looked and decision-makers focus on facts that are legally irrelevant and prejudice rational deliberation. -/- That is precisely what we see here; the result is often failure to enforce the law. The author proposes: -/- (a) that section 273.2 be amended to reflect the significant developments achieved in sexual consent jurisprudence since enactment of the provision in 1992; and -/- (b) that, in the interim, the judiciary act with resolve to make full and proper use of the statutory and common law tools that are presently available to determine whether the accused acted with mens rea in relation to the absence of sexual consent. (shrink)

The conceptual model of United Nations reform - "UN 3.0" includes the General Program of Action on UN Reform, consisting of two stages. The first stage for 2020-2025 envisages the transformation of the main organs of the UN - the General Assembly and the Security Council with measures to improve the effectiveness of the management system, address the "veto problem", problem of financing, improve staff work and administrative and financial control, strengthen UN media, improvement of work with the global civil (...) society. The General Assembly is converted into the General All-Parliamentary Assembly of the UN. In the structure of the Assembly, the Council for Law is being established, which coordinates the activities of UN structures in the field of law. To coordinate the activities of the UN in the field of human rights and civil society, ethical issues, the General all-parliamentary Assembly creates the Council on ethics, human rights and civil society and transforms the Committee on information into the Council on public information and communication with civil society. The structure of the Council includes all UN media. The reform of the UN Security Council is carried out in three sub-stages. At the 1st sub-stage (2020-2021) the Security Council is transformed into the Council of Existential Security (CES). The membership of the CES is increased to 25 member countries, of which five countries have the right of the unconditional (absolute, eternal) veto: Great Britain, France, China, Russian Federation, USA. The General All-Parliamentary Assembly elects 15 new permanent members of the Council of Existential Security with the right of the conditional (limited) veto: Argentina, Australia, Brazil, Canada, Egypt, Germany, India, Indonesia, Italy, Mexico, South Africa, Nigeria, Pakistan , Turkey, Japan (if they fulfill the mandatory restrictive conditions). At this sub-stage, the CES elects also five non-permanent members with the right of a conditional (limited) veto when they meet the mandatory restrictive conditions, with a rotation period of 2 years from geographical regions (or regional unions): Africa, Latin America and the Caribbean, Asia and the Pacific Ocean (2 places), Eastern Europe. On the second sub-stage (2022-2023), subject to the effective activity of the CES of the enlarged composition and compliance with mandatory restrictive conditions, new permanent members of the "Existential Security Council" are elected with the right of a conditional (limited) veto: Iran, Spain, Poland, Saudi Arabia. Members of the CES may be regional unions, whose member countries are not represented in the CES, but still have one vote with the right of a conditional (limited) veto. -/- Two essential levels of the veto: 1. Unconditional (absolute, eternal) veto is the historical right of veto of the five permanent members of the Council of Existential Security - Great Britain, China, Russia, USA, France; 2. Сonditional (limited) veto is the veto of other permanent and non-permanent members of the Council of Existential Security. The right of veto is a unique international school for the achievement of consensus, a school of high democracy for Humanity, a reliable guarantee of the viability of the UN structure. The Council for Existential Security centralises the management of the UN subsidiary bodies with the expansion of their security functions: the Military Staff Committee, the Counter-Terrorism Committee, the Committee for the Prevention of the Spread of Nuclear, Chemical and Biological Weapons, the Sanctions Committees and other committees. On the basis of the decision of the Council of Existential Security, the General All-Parliamentary Assembly creates permanent contingents of UN peacekeeping and counter-terrorism forces. In addition, two Centers are being created in the structure of the Council for Existential Security: the World Center for the Elimination of the Effects of Technogenic and Natural Disasters with branches on all continents and the World Center for the Analysis of Existential Risks and the Overall Security Strategy. The Center is developing the Programs of research and monitoring of global existential threats and risks. In order to increase the level of legitimacy and authority of the Secretary General of the United Nations, the Rules of procedure for elections to this post are changing. Each member country of the Council for Existential Security represents one of the most authoritative candidates for election to the post of Secretary General at the session of the General All-Parliamentary Assembly, with the possibility of nominating candidates from other countries, including those not members of the Council for Existential Security. Elections are held in two rounds during one day of the session of the Assembly. The Legal Committee of the UN General Assembly is developing a Program for the Reform of the Judicial System of the United Nations, which takes into account the proposals of the previous international discussion and determines the scope and terms of the reform of the courts. In accordance with the Program of Action on UN Reform for 2020-2025, reforms are under way in the structure of the Economic and Social Council. The central task of the reform is to strengthen the coordinating role of ECOSOC in the entire system of UN-related specialized agencies, funds and programs related to the Council. The key task of the UN reform is the solution of the financing problem. A unified "UN Open Budget "Solidarity XXI" is being created, including the financing of peacekeeping operations and other expenses. Each country, a member of the United Nations, lists in an established period, once a year, an Existential contribution - the Earth Tax. The Earth Tax for each UN member state is established on the basis of four scales of calculation: Scale I - for 5 permanent members of the Council of Existential Security, who have the right of absolute (absolute) veto; Scale II - for the permanent members of the SEB, who have the right to a conditional (limited) veto; Scale III - for non-permanent members of the SEB, who have the right to a conditional (limited) veto; Scale IV - for all other UN member countries. The program of action on UN reform includes a set of measures to ensure transparent work of the International Civil Service Commission with the involvement of the UN media. To strengthen control functions in the sphere of personnel policy, administrative and financial management, the General All-Parliamentary Assembly of the United Nations establishes the Permanent Commission on Ethics and Administrative and Financial Control. All members of the Commission, members of the Committees and auditors are independent in their activities from the leadership of the United Nations, its funds and programs. The General All-Parliamentary Assembly completes the first stage of the Program of Action on UN Reform in 2025 and, following an open discussion, introduces a single language of international communication - Esperanto and approves it as the official language of the United Nations. With a view to more effective work of the central UN governing bodies in the face of increasing existential threats and risks, reducing the current expenses for the maintenance of the central bodies of the UN, the Council for Existential Security and the General All-Parliamentary Assembly decide on the relocation of the UN headquarters to Iceland. The UN building complex in New York is transferred to preferential use of non-governmental organizations, which contribute to the implementation of the goals of the United Nations. At the second stage of the UN reform in the period 2026-2028, additional necessary transformations are being made in the UN system. At the end of the first stage of the reform, taking into account the reforms carried out by the main organs of the United Nations and the internal improvement of the work of all its structures, the United Nations Program of Action for the years 2026-2028 is being developed. (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 - - - Judicial bodies - - - Legal instruments - - Estonia - - - Geography - - - Judicial bodies - - - Legal instruments - - - Law gazettes, official gazettes and official journals - - Finland - - - Geography - - - Judicial bodies - - - Legal instruments - - - Law gazettes, official gazettes and official journals - - France - - - Geography - - - Judicial bodies - - - Legal instruments - - Germany - - - Geography - - - Judicial bodies - - - Legal instruments - - - Government bodies and administrative divisions - - Greece - - - Geography - - - Judicial bodies - - - Legal instruments - - Hungary - - - Geography - - - Judicial bodies - - - Legal instruments - - Iceland - - - Judicial bodies - - Ireland - - Italy - - - Geography - - - Judicial bodies - - - Legal instruments - - Latvia - - - Geography - - - Judicial bodies - - - Legal instruments - - Lithuania - - - Geography - - - Judicial bodies - - - Legal instruments - - - Law gazettes, official gazettes and official journals - - Luxembourg - - - 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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The innovative Moral Impact Theory (“MIT”) of law claims that the moral impacts of legal institutional actions, rather than the linguistic content of “rules” or judicial or legislative pronouncements, determine law’s content. MIT’s corollary is that legal interpretation consists in the inquiry into what is morally required as a consequence of the lawmaking actions. This paper challenges MIT by critiquing its attendant view of the nature of legal interpretation and argument. Points including the following: (1) it is not practicable (...) to predicate law’s content on the ability of legal officials to resolve moral controversies; (2) it would be impermissibly uncharitable to claim that participants in the legal system commit widespread error in failing to regard moral argument as the focus of legal interpretation; (3) whereas the legal official may initially respond to a conflict at the intuitive moral level, she must resolve the controversy at the deliberative, critical level, at which moral and legal thinking diverge; (4) because no two cases are precisely alike, and owing to the open texture of natural language, reference to extra-jurisdictional “persuasive” and “secondary” authority permeates legal argument, yet, nearly by definition, such linguistic sources cannot have engendered significant moral impacts in the home jurisdiction; and (5) one way or another, we ultimately arrive at linguistic contents. The paper concludes by accepting, as undeniable, that legal institutional actions have moral impacts, and generate moral obligations. Officials are obligated to adhere to certain constraints in their treatment of one another, cases, litigants and citizens. Less explored, however, have been the ways in which legal pronouncements likely morally impact the community, beyond the issue of a duty to obey the law. (shrink)

What It’s Like to Chill Out With Whom the Rest of the World Considers As The Most Ruthless Men: Ratko Mladic, Goran Hadzic and Radovan Karadzic (+) Confessions of a Female War Crimes Investigator By Jill Louise Starr NJ USA -/- Read My Entire Book Here (True Story) http://sites.google.com/site/thelawprojectscenternycoffices/what-it-s-like-to-chill-out-with-whom-th e-rest-of-the-world-considers-as-the-most-ruthless-men-ratko-mladic-goran-hadzic-and-radovan-karadzi c-confessions-of-a-female-war-crimes-investigator -/- Retrospectively, it was all so simple, natural and matter of fact being on a boat restaurant in Belgrade, sitting with, laughing, drinking a two hundred bottle of wine and chatting about (...) war and peace while Ratko Mladic held my hand. Mladic, a man considered the world’s most ruthless war criminal since Adolf Hitler, still at large and currently having a five million dollar bounty on his head for genocide by the international community. Yet there I was with my two best friends at the time, a former Serbian diplomat, his wife, and Ratko Mladic just chilling. There was no security, nothing you’d ordinarily expect in such circumstances. Referring to himself merely as, Sharko; this is the story of it all came about. Diplomatic / International Relations Consultant & War Crimes Investigator - War - Peace - Preventive Diplomatic Strategies - International Law - Charitable Causes - International Business - International Political Economy - Human Rights - Politics - War Crimes Investigations - Anti-Terrorism - Law Projects Center Funded Projects (YCICC) Internationally LPCYU Home Website -/- Irrefutable Proof ICTY Is Corrupt Court/Irrefutable Proof the Hague Court Cannot Legitimately Prosecute Karadzic Case By Jill Starr I want to stress, in this particular meeting , there was no observer status at the ICC Preparatory Meetings at the United Nations in New York City in 2001. What I did, made a historical precedent. I was asked by, Darko Trifunovic 1st Secretary of the Bosnian MIssion, to take his place, in a CLOSED DOOR UNITED NATIONS MEETING. This means, ONLY HEADS OF AMBASSADORIAL MISSIONS WERE ALLOWED IN THE MEETING. There was no "Observer Status for say NGO's such as Amnesty International." I represented a Country as an American Citizen that day; the Repuklika Srpska. This never occurred before to my knowledge ever. It was an error. My former professor, Arnold Stark, walked me in, A former State Dept. man chosen to be the former Ambassador from the USA to Bonn/Germany (and he declined years back because of his wife at the time). He knew it was illegal. It said on these paper I picked up in the meeting, Anyone, Richard Holbrooke, sat across from me, discussing this meeting outside the meeting itself thereafter , "would be prosecuted to the fullest extent of int'l law." I heard the Ambassadors of the world ALL DISCUS TRADING MONEY FOR ICC AND ICTY COURT VERDICT AS WELL AS FUTURE JUDICIAL APPOINTMENTS -/- http://sites.google.com/site/thelawprojectscenternycoffices/home/irrefutable-proof-icty-is-corrupt-c ourt-irrefutable-proof-the-hague-court-cannot-legitimately-prosecute-karadzic-case -/- http://picasaweb.google.com/lpcyusa/IrrefutableProofICTYIsCorruptCourtIrrefutabl# (The Documentary Secret United Nations ICC Meeting Papers Scanned Images) OR http://community.jigsaw.com/t5/media/gallerypage/user-id/903610# -/- Rea dMore Here _> Read the entire story here My testimonial video on Youtube _> http://www.youtube.com/watch?v=dKe-5LORsGs -/- http://www.youtube.com/watch?v=dKe-5LORsGs (My YouTube VIDEO) -/- This legal technicality indicates the Hague must dismiss charges against Dr Karadzic and others awaiting trials in the Hague jail; like it or not. -/- Unfortunately for the Signatures Of the Rome Statute United Nations member states instituting the ICC & ICTY housed at the Hague, insofar as the, Radovan Karadzic, as with the other Hague cases awaiting trial there, I personally witnessed these United Nations member states having a substantial conversations, and, openly speaking about trading judicial appointments and verdicts for financial funding when I attended the 2001 ICC Preparatory Meetings at the UN in Manhattan making the iCTY and ICC morally incapable trying Radovan Karazdic and others. -/- I witnessed with my own eyes and ears when attending the 2001 Preparatory Meetings to establish an newly emergent International Criminal Court, the exact caliber of criminal corruption running so very deeply at the Hague, that it was a perfectly viable topic of legitimate conversation in those meetings I attended to debate trading verdicts AND judicial appointments, for monetary funding. -/- Jilly wrote:*The rep from Spain became distraught and when her country’s proposal was not taken to well by the chair of the meeting , then Spain argued in a particularly loud and noticably strongly vocal manner, “Spain (my country) strongly believes if we contribute most financial support to the Hague’s highest court, that ought to give us and other countries feeding it financially MORE direct power over its decisions.” -/- ((((((((((((((((((((((((( ((((((((((((((((((((((((( Instead of censoring the country representative from Spain for even bringing up this unjust, illegal and unfair judicial idea of bribery for international judicial verdicts and judicial appointments, all country representatives present in the meeting that day all treated the Spain proposition as a ”totally legitimate topic” discussed and debated it between each other for some time. I was quite shocked! The idea was “let’s discuss it.” "It’s a great topic to discuss." -/- Some countries agreed with Spain’s propositions while others did not. The point here is, bribery for judicial verdicts and judicial appointments was treated as a totally legitimate topic instead of an illegitimate topic which it is in the meeting that I attended in 2001 that day to establish the ground work for a newly emergent international criminal court.)))))))))))))))))))))))))))) -/- In particular., since “Spain” was so overtly unafraid in bringing up this topic of trading financial funding the ICC for influence over its future judicial appointments and verdicts in front of every other UN member state present that day at the UN, “Spain” must have already known by previous experience the topic of bribery was “socially acceptable” for conversation that day. They must have previously spoke about bribing the ICTY and ICC before in meetings; this is my take an international sociological honor student. -/- SPAIN’s diplomatic gesture of international justice insofar as, Serbia, in all of this is, disgusting morally!SPAIN HAS TAUGHT THE WORLD THE TRUE DEFINITION OF AN “INTERNATIONAL CRIMINAL COURT.” -/- I represented the state interests’ of the Former Yugoslavia, in Diplomat Darko Trifunovic’s absence in those meetings and I am proud to undertake this effort on Serbia’s behalf. http://picasaweb.google.com/lpcyusa (My Political Satire Blog) Diplomatic / International Relations Consultant & War Crimes Investigator - War - Peace - Preventive Diplomatic Strategies - International Law - Charitable Causes - International Business - International Political Economy - Human Rights - Politics - War Crimes Investigations - Anti-Terrorism - Law Projects Center Funded Projects (YCICC) Internationally http://sites.google.com/site/jillstarrsite -/- -/- . 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This paper explores the legal issues of embargo centering on judicial review of the trade administration. Embargo, one type of trade regulation, has a distinctive nature in that it involves an entire forestall of the importation from foreign countries. It is also distinguished from other tools of trade regulation, including anti-dumping tariffs, countervailing measure on the subsidies since it entangles with other complex considerations of diplomacy, national security, public health, and environmental policy. Therefore discretion from the trade administration, notwithstanding (...) the president, is widely vested in that authority, who are responsible for an enforcement of the individual statute, yet can be evaded from stern control of the judiciary. Aside from the standard of review on substantial issues, judicial review relating with the embargo also entails a myriad of jurisdictional questions between the federal court and the court of international trade. In view of the U.S. role and current escalation of the trade issues in the international community, active engagement of the court as well as harmonization within the international plane need to be furthered along with the development of trade environment. For the export nations including Korea, embargo has a pounding impact on the national economy that also enhances a need for the reasonable administration of justice for the predictability and stability of the exporters. (shrink)

The application of artificial intelligence (AI) to judicial decision-making has already begun in many jurisdictions around the world. While AI seems to promise greater fairness, access to justice, and legal certainty, issues of discrimination and transparency have emerged and put liberal democratic principles under pressure, most notably in the context of bail decisions. Despite this, there has been no systematic analysis of the risks to liberal democratic values from implementing AI into judicial decision-making. This article sets out to (...) fill this void by identifying and engaging with challenges arising from artificial judicial decision-making, focusing on three pillars of liberal democracy, namely equal treatment of citizens, transparency, and judicial independence. Methodologically, the work takes a comparative perspective between human and artificial decision-making, using the former as a normative benchmark to evaluate the latter. -/- The chapter first argues that AI that would improve on equal treatment of citizens has already been developed, but not yet adopted. Second, while the lack of transparency in AI decision-making poses severe risks which ought to be addressed, AI can also increase the transparency of options and trade-offs that policy makers face when considering the consequences of artificial judicial decision-making. Such transparency of options offers tremendous benefits from a democratic perspective. Third, the overall shift of power from human intuition to advanced AI may threaten judicial independence, and with it the separation of powers. While improvements regarding discrimination and transparency are available or on the horizon, it remains unclear how judicial independence can be protected, especially with the potential development of advanced artificial judicial intelligence (AAJI). Working out the political and legal infrastructure to reap the fruits of artificial judicial intelligence in a safe and stable manner should become a priority of future research in this area. (shrink)

The legal reasons that bind a judge and the moral reasons that bind all persons can sometimes pull in different directions. There is perhaps no starker example of such judicial dilemmas than in criminal sentencing. Particularly where mandatory minimum sentences are triggered, a judge can be forced to impose sentences that even the judge regards as “immensely cruel, if not barbaric.” Beyond those directly harmed by overly harsh laws, some courts have recognized that “judges who, forced to participate in (...) such inhumane acts, suffer a loss of dignity and humanity as well.” When faced with such a judicial dilemma—a powerful tension between the judge’s legal and moral reasons—the primary question is what a judge can do to resolve it. We argue that the two standard responses—sacrificing morality to respect the law (“legalism”), or sacrificing the law to respect morality (“moralism”)—are unsatisfying. Instead, this Article defends an underexplored third response: rather than abandoning one ideal to maximally promote the other, we argue that judges should seek to at least minimally satisfy the demands of both. Judges should, in other words, look for and employ what we dub Satisficing Options. These are actions that enjoy sufficient support from both the legal reasons and the moral reasons, and thus are both legally and morally permissible—even if the acts in question would not strictly count as optimal by the lights of the law or morality. This common sensical response to the problem is not only underappreciated in the literature, but also has great practical import. Focusing on the sentencing context, this Article demonstrates that judicial dilemmas can be systematically resolved, mitigated or avoided through a range of concrete strategies that on their own or in conjunction can constitute Satisficing Options: these strategies include seeking out legally permitted but morally preferable interpretations of the law, expressing condemnation of unjust laws in dicta, and seeking assistance or cooperation from other actors to help defendants facing substantively unjust mandatory sentences. While these strategies can at times also go too far, we argue that in certain contexts they can be sufficiently defensible on both legal and moral grounds to be a justifiable response to judicial dilemmas. This Article thus provides both a novel theoretical framework for understanding the justification of judicial responses to unjust laws, as well as a practical a menu of options which judges can use to guide their responses to the judicial dilemmas that they are increasingly likely to encounter within our criminal justice system. (shrink)

This paper examines Jeremy Waldron’s ‘core case’ against judicial review. Waldron’s arguments, it shows, exaggerate the importance of voting to our judgements about the legitimacy and democratic credentials of a society and its government. Moreover, Waldron is insufficiently sensitive to the ways that judicial review can provide a legitimate avenue of political activity for those seeking to rectify historic injustice. While judicial review is not necessary for democratic government, the paper concludes that Waldron is wrong to believe (...) that it is a threat to democracy. (shrink)

This chapter introduces readers to the view that praise is a form of address, or is communicative in the sense of seeking uptake from its target. The proposal that praise is communicative will seem counterintuitive if we take blame to be our paradigm of what it is for a responsibility-response to be communicative. This is because blame is communicative in a manner that intuitively presupposes some normative failure; it involves calling its target to account (or answer) for some wrongdoing. But, (...) the ‘rightdoer’ already properly regarded the relevant reasons in acting praiseworthily. So, there is nothing for which the praiseworthy agent must similarly account or answer for. How then could praise be communicative in sense of seeking uptake from its target? This chapter develops the view that praise is communicative in that it invites the praiseworthy agent to accept credit by co-valuing their action in the evaluative terms supplied by the praiser. This proposal is defended against three objections, namely that it is descriptively inadequate regarding our actual practices, that it is morally mistaken about when we owe others a response, and that it implies redundant communication. (shrink)

Many scholars believe that it is procedurally undemocratic for the judiciary to have an active role in shaping the law. These scholars believe either that such practices as judicial review and creative statutory interpretation are unjustified, or that they are justified only because they improve the law substantively. This Article argues instead that the judiciary can play an important procedurally democratic role in the development of the law. Majority rule by legislatures is not the only defining feature of democracy; (...) rather, a government is democratic to the extent to which it provides egalitarian forms of political participation. One such form of participation can be the opportunity to influence the law through the courts, either directly by participating in a case or indirectly by advocating litigation. Arguing from several examples, this Article shows that judicial decision-making allows different voices to be heard that may not necessarily have influence or power in majoritarian legislative structures or popular initiatives. Giving citizens the opportunity to change, to preserve, and to obtain authoritative clarification of the law through the courts can thus make a government procedurally more democratic. (shrink)

La doctrina establecida por la Corte Suprema de Justicia de la Argentina en relación a los crímenes de lesa humanidad cometidos durante la última dictadura militar, expresamente declaraba la obligación del Estado de investigar y juzgar a los responsables de su comisión. La Corte no sólo caracterizó dichos delitos, sino que también estableció que no eran susceptibles de amnistía, indulto, ni prescripción. Pero, en el año 2017 dictó el fallo “Muiña” donde, por voto mayoritario, decidió otorgarle el beneficio del “2 (...) por 1” a un condenado por dichos delitos. La consecuencia fue su inmediata libertad por el vencimiento de la condena. La respuesta de la sociedad fue clara. Con diversas manifestaciones, la sociedad civil, las instituciones y las personalidades públicas se declararon en contra de la sentencia. Más aún, del voto de los mismos jueces se observan expresiones que denotan un gran pesar a la hora de tomar la decisión. Más precisamente, sostenían estar ante un dilema. En este trabajo, lejos de realizar un análisis de la interpretación jurídica que se efectuó en la sentencia, se propone trabajar sobre el concepto de dilema y la posibilidad de aplicación en el presente caso. La finalidad concreta es indagar si se está ante un dilema y en su caso si los jueces utilizan este concepto como un arma argumentativa para lograr adhesión o compasión de la opinión pública. En este sentido, se comenzará relatando el marco jurídico del fallo, donde se describirá la historia judicial de Muiña y los argumentos dados por el voto mayoritario y el minoritario de la Corte. Luego, se realizará un análisis del concepto de dilema, para reconstruirlo sobre la base de dos grandes posturas: Una lógica conceptual y otra fenomenológica. Posteriormente, se realizará un examen de la dimensión institucional del derecho y la moralidad judicial, para - finalmente - poder intentar responder si se está efectivamente ante un dilema. (shrink)

Mildly revised reprint of material extracted from an article appearing in Human Rights Review (2012).

In the information-technology powered twenty first century a general demand for more effective communication is driving people to question the present, examine the past and to prognosticate the future. The ‘unique global media-information system’ - the Internet- is the central fact of a vast new complexity of communication that is driving social-economic-political-religious- technological change at a rate never experienced before. The premise of this paper is that the Internet can be better understood as the first complex global media with both (...) democratic and authoritarian possibilities, the full extent of which are still emergent. In respect of the symposium question, this paper suggests that Internet embedded communication theory can be used progressively as part of a widening and deepening approach to intercultural conversation, dialogue and debate. In theory, the localising nature of the Internet can be read as part of a greater movement towards communitarian and community centred self-governance, local democracy and social self-sufficiency. There is considerable scope for a new theory of society founded in localised ‘in-community communication’ practice supported by international human rights and effectively responsive to the asymmetric global information environment and congruent with newly democratised local structures of self-governance. (shrink)

This paper argues that, according to a specific conception of the ideals of constitutional democracy - deliberative democratic constitutionalism - the proper function of constitutional review is to ensure that constitutional procedures are protected and followed in the ordinary democratic production of law, since the ultimate warrant for the legitimacy of democratic decisions can only be that they have been produced according to procedures that warrant the expectation of increased rationality and reasonability. It also contends that three desiderata for the (...) institutionalization of the function of constitutional review follow from this conception: structural independence, democratic sensitivity and the maintenance of legal integrity. Finally, evaluating three broadly different ways of institutionalizing constitutional review - solely in appellate courts, in deliberative constitutional juries of ordinary citizens and in a combined system of constitutional courts and civic constitutional amendment fora - it argues that the third arrangement would perform best at collectively fulfilling the sometimes antithetical desiderata. (shrink)

There is a correlation between positions taken on some scientific questions and political leaning. One way to explain this correlation is the cultural cognition hypothesis (CCH): people's political leanings are causing them to process evidence to maintain fixed answers to the questions, rather than to seek the truth. Another way is the different background belief hypothesis (DBBH): people of different political leanings have different background beliefs which rationalize different positions on these scientific questions. In this article, I argue for two (...) things. I argue that two attempts by proponents of the CCH to discredit the DBBH fail. And I argue that this matters, because while the CCH makes epistemic paternalistic interventions seem called for (as some philosophers have argued compellingly), the DBBH does not. The DBBH makes it much easier to stay closer to an ideal of deliberative democracy. (shrink)

This brief essay responds to the Supreme Court’s recent decision in Bucklew v. Precythe. It contends that the argument relied upon by the Court in that decision, as well as in Glossip v. Gross, is either trivial or demonstrably invalid. Hence, this essay provides a nonmoral reason to oppose the Court’s recent capital punishment decisions. The Court’s position that petitioners seeking to challenge a method of execution must identify a readily available and feasible alternative execution protocol is untenable, and must (...) be revisited. (shrink)

When scientists or science reporters communicate research results to the public, this often involves ethical and epistemic risks. One such risk arises when scientific claims cause cognitive or behavioural changes in the audience that contribute to the self-fulfilment of these claims. I argue that the ethical and epistemic problems that such self-fulfilment effects may pose are much broader and more common than hitherto appreciated. Moreover, these problems are often due to a specific psychological phenomenon that has been neglected in the (...) research on science communication: many people tend to conform to ‘descriptive norms’, that is, norms capturing (perceptions of) what others commonly do, think, or feel. Because of this tendency, science communication may frequently produce significant social harm. I contend that scientists have a responsibility to assess the risk of this potential harm and consider adopting strategies to mitigate it. I introduce one such strategy and argue that its implementation is independently well motivated by the fact that it helps improve scientific accuracy. (shrink)

This article is an inferential analysis of the Bloody Night and Open Truth: a Nollywood movie series that reflects the rot in Nigerian Police. The objective of this paper is to identify the image problems of the Nigerian Police as reflected by the Nollywood movie series. The study adopts a content analysis approach. Acts of bribery, false allegations, extra-judicial killings, torture and attempts to suppress justice are all exposed as perpetrated by the senior and junior officers of the Nigerian (...) police. Apart from the majority of corrupt officers; there are some non-corrupt Nigerian police officers who are emblems of justice and truth as shown in the behaviour of some characters in the movie. Their desire for truth represents a new and positive image of the Nigerian police. The study concludes that there is hope for a committed and rebranded Nigerian Police if the Nigerian Government should do the needful. The study recommends an improvement in wages, sustained retraining and punishment of police officers found wanting. (shrink)

On standard readings of Grice, Gricean communication requires (a) possession of a concept of belief, (b) the ability to make complex inferences about others’ goal-directed behaviour, and (c) the ability to entertain fourth order meta-representations. To the extent that these abilities are pre-requisites of Gricean communication they are inconsistent with the view that Gricean communication could play a role in their development. In this paper, I argue that a class of ‘minimally Gricean acts’ satisfy the intentional structure described by Grice, (...) but require none of abilities (a)-(c). As a result, Gricean communicative abilities may indeed contribute to the development of (a)-(c) – in particular, by enabling language development. This conclusion has important implications for our theorising about cognitive development. (shrink)

When A utters a declarative sentence in a context to B, typically A can mean a proposition by the sentence, the sentence in context literally expresses a proposition, there are propositions A and B can agree the sentence literally expressed, and B can acquire knowledge from this testimonial exchange. In recent work on linguistic communication, each of these four platitudes has been challenged, and on the same basis: viz. on the ground that exactly which proposition the sentence expressed in context (...) is not discernible given the information provided by the context. I argue that, even if this is true, there will be propositional parts of the proposition expressed by the sentence in context which can be identified and that, consequently, the partial understanding afforded by the existence of such identifiable parts undermines the soundness of the arguments against the platitudes. (shrink)

This article argues against the concept of integration as the main mechanism allowing various sociocultural groups to live together and instead proposes ‘radical inclusivity’ as a better, less oppressive model of a pluralistic society. Through analytical and reflective research on the non-cohesion-based approach to integration or inclusion, this article is devoted to examining the affordances and limitations of integration through various forms of spatial interventions. As an example, we will discuss the Ellesmere Green Project in Sheffield (UK) as a typical (...) small urban regeneration executed in a highly diverse part of Sheffield. This piece aims to bring forward the significance of moving beyond the community-as-cohesion model in urban politics and planning for integration. (shrink)

It is sometimes claimed that Gricean communication is necessarily a form of cooperative or ‘joint’ action. A consequence of this Cooperative Communication View is that Gricean communication could not itself contribute to an explanation of the possibility of joint action. I argue that even though Gricean communication is often a form of joint action, it is not necessarily so—since it does not always require intentional action on the part of a hearer. Rejecting the Cooperative Communication View has attractive consequences for (...) our theorising about human cognitive development, since it opens up the possibility of appealing to communicative interaction to explain the emergence of joint action in phylogeny. (shrink)

According to an attractive account of belief, our beliefs have centered content. According to an attractive account of communication, we utter sentences to express our beliefs and share them with each other. However, the two accounts are in conflict. In this paper I explore the consequences of holding on to the claim that beliefs have centered content. If we do in fact express the centered content of our beliefs, the content of the belief the hearer acquires cannot in general be (...) identical to the content the speaker expresses. I sketch an alternative account of communication, the Recentering model, that accepts this consequence and explains how expressed and acquired content are related. (shrink)

The paper presents an inferential model of explicit communication based on the speaker’s interests and the addressee’s beliefs. After the introduction, the paper sets out some notions concerning explicit communication within the frameworks of truth-conditional pragmatics and relevance theory. The third section describes the phenomenon of semantic underdeterminacy, and the fourth section introduces non-demonstrative inferences in communication. The fifth section presents the model. The main notions involved are the speaker’s intended meaning and the addressee’s intended meaning. The former notion is (...) centered on the speaker’s interest in situation: a speaker intends the meaning of an utterance on the basis of a partial order of preference with respect to a set of contextually plausible meanings. The latter notion is centered on the addressee’s communicative inference, which is based on the addressee’s belief about the speaker’s interest. The paper takes the notion of interest from cognitive social theory, the notion of meaning from semantics, and the notion of explicit meaning from pragmatics; and it uses the notion of communicative inference for explicit meaning in partial accordance with relevance theory. In the sixth section, the paper argues in favor of the inferential approach compared with the associative approach in determination of “what is said.” The paper’s method is conceptual analysis of declarative utterances used in communicative situations. The main finding of the paper has been to show that, in contextual underdeterminacy cases, speaker’s interest is a determining factor in communicative processes. Keywords: states of affairs; truth-conditions; semantic underdeterminacy; contextual underdeterminacy; speaker’s interest; goal-conditions; speaker’s intended meaning; addressee’s belief; communicative inference; addressee’s intended meaning; shared intended meaning; explicit communication. (shrink)

Climate change has become one of the most pressing problems that can threaten the existence and development of humans around the globe. Almost all climate scientists have agreed that climate change is happening and is caused mainly by greenhouse gas emissions induced by anthropogenic activities. However, some groups still deny this fact or do not believe that climate change results from human activities. This essay discusses the causes, significance, and skeptical arguments of climate change denialism, as well as the roles (...) of scientists and science communication in addressing the issues. Through this essay, we call for the active participation of scientists in science communication activities with the public, the opening of new science communication sectors specified for climate change, and more attention to social sciences and humanities in addressing climate change issues. (shrink)

Many important theorists – e.g., Gary Watson and Stephen Darwall – characterize blame as a communicative entity and argue that this entails that morally responsible agency requires not just rational but moral competence. In this paper, I defend this argument from communication against three objections found in the literature. The first two reject the argument’s characterization of the reactive attitudes. The third urges that the argument is committed to a false claim.

It has recently been argued that our use of vague language poses an intractable problem for any account of content and communication on which (i) the things we assert are propositions and (ii) understanding an assertion requires recognizing which proposition the speaker asserted. John MacFarlane has argued that this problem concerning vague language is itself a species of an even more general problem for such traditional accounts – the problem posed by “felicitous” underspecification. Repurposing certain ideas from Allan Gibbard, MacFarlane (...) offers a novel theory of vagueness, plan-expressivism, as an account that can handle both vagueness and such underspecification in communication. -/- In this paper, I argue that despite its many virtues, plan-expressivism fails as a general account of meaning and communication. In particular, I show that when it comes to the problem of felicitous underspecification, plan-expressivism fares no better than the more traditional accounts of content and communication it is intended to replace. Along the way, I argue that the problem of felicitous underspecification puts considerable pressure on an assumption that is at the core of both plan-expressivism and the accounts of its more traditionalist rivals - namely, that in cases of successful linguistic communication, we must always be able to find something -- whether a propositional content or a conversational update -- that the speaker is intending to share with her audience. (shrink)

The transitory and ever-evolving process of law making plays a role of primal importance in the regulation of human conduct of society. It goes without saying that in this entire process, judges have a participation. The power entrusted by law and the nature of judicial process, make judges the prime mover of the development of law. It matters how judges decide cases. It matters most to people unlucky or litigious or wicked or saintly enough to find themselves in court... (...) The effect emanating from the decision of a case affects the life of a person in many ways that at times has far reaching impact...When the law in question happens to be criminal law, it requires a cautious consideration to see how the interpretive tools used by judges affect the life of a litigant in ways both seen and unseen... Several areas concerning adjudication and judicial interpretation have been the subject matter of study. This paper includes a discussion on the principle of non- retrospectivity in light of judicial adjudication in criminal matters. (shrink)

Despite the proliferation of studies on corporate social responsibility (CSR), there is a lack of consensus and a cardinal methodological base for research on the quality of CSR communication. Over the decades, studies in this space have remained conflicting, unintegrated, and sometimes overlapping. Drawing on semiotics—a linguistic-based theoretical and analytical tool, our article explores an alternative perspective to evaluating the quality and reliability of sustainability reports. Our article advances CSR communication research by introducing a theoretical-cum-methodological perspective which provides unique insights (...) into how to evaluate the quality of CSR communication. Particularly, we illustrate the application of our proposed methodology on selected U.K. FTSE 100 companies. Our two-phased analysis employed the Greimas Canonical Narrative Schema and the Semiotic Square of Veridiction in drawing meanings from selected sustainability/csr reports. In addition, we present a distinctive CSR report quality model capable of guiding policy makers and firms in designing sustainability/csr reporting standards. (shrink)

This paper intends to articulate the jurisdictional issue of the Court of International Trade(CIT), particularly dealing with a legal dispute of the Anti-dumping law. While the international trade grows to be marshaled by a new institutional arrangement of WTO dispute settlement system, the role of CIT correspondingly plays a great deal of effect on this area of laws. It is considered that both arbitrating institutions have to drive a reasonable rule over the trade issues. This is particularly so in various (...) viewpoints. The law of USA has influenced significantly over WTO, and its take is fairly greater than other WTO members in economic terms. Under this background, I attempt to probe an attitude of CIT in dealing with jurisdictional issues including the extent of judicial activism and theoretical ground for resolving those issues while providing a comparative articulation to the general doctrine of administrative law. I also point out the significance as well as characteristics of jurisdictional issue in terms of the U. S. legal system, which, I hope, can provide a little guidance to the current Korean jurisprudence. Lastly, I stress the need for judicial reform within Korea as well as more affluent provision of legal counselling, which I think vital to accommodate a rapid development of trade environment. (shrink)