Results for 'legal situation'

1000+ found
Order:
  1. Artificial Intelligence and Legal Disruption: A New Model for Analysis.John Danaher, Hin-Yan Liu, Matthijs Maas, Luisa Scarcella, Michaela Lexer & Leonard Van Rompaey - forthcoming - Law, Innovation and Technology.
    Artificial intelligence (AI) is increasingly expected to disrupt the ordinary functioning of society. From how we fight wars or govern society, to how we work and play, and from how we create to how we teach and learn, there is almost no field of human activity which is believed to be entirely immune from the impact of this emerging technology. This poses a multifaceted problem when it comes to designing and understanding regulatory responses to AI. This article aims to: (i) (...)
    Download  
     
    Export citation  
     
    Bookmark  
  2. Contemporary Legal Philosophising: Schmitt, Kelsen, Lukács, Hart, & Law and Literature, with Marxism's Dark Legacy in Central Europe (on Teaching Legal Philosophy in Appendix).Csaba Varga - 2013 - Szent István Társulat.
    Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  3. A Situation of Ethical Limbo and Preimplantation Genetic Diagnosis.Tomasz Żuradzki - 2014 - Journal of Medical Ethics 40 (11):780-781.
    In my previous paper I argued that if in vitro fertilization (IVF) is legal and practiced there is no moral ground to object to legalization of preimplantation genetic diagnosis (PGD). My opponent raises an objection that my paper “fails to address the ethical argumentation of one key opponent of IVF – the Catholic Church”. In this reply I show that her/his thesis that embryos created during IVF are in ‘ethical limbo’ and “fall outside the moral universe of Christian ethics” (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  4.  18
    Legal and Institutional Frameworks Regulating Rural Land Governance in Ethiopia: Towards a Comparative Analysis on the Best Practices of Other African Countries.Temesgen Solomon Wabelo - manuscript
    This piece of writing has investigated the legal and institutional frameworks regulating rural land governance in Ethiopia by taking the comparative analysis of rural land governance of other African countries, namely Ghana, Kenya and Uganda. The best experience of these countries on the legal and institutional frameworks is examined so as to draw a lesson for the Ethiopian land governance system. The article has employed doctrinal legal research approach and rural land legislations of the country were investigated (...)
    Download  
     
    Export citation  
     
    Bookmark  
  5.  75
    Lon Fuller's Legal Structuralism.William Conklin - 2012 - In Bjarne Melkevik (ed.), Standing Tall Hommages a Csaba Varga. Budapest: Pazmany Press. pp. 97-121.
    Anglo-American general jurisprudence remains preoccupied with the relationship of legality to morality. This has especially been so in the re-reading of Lon Fuller’s theory of an implied morality in any law. More often than not, Fuller has been said to distinguish between the identity of a discrete rule and something called ‘morality’. In this reading of Fuller, however, insufficient attention to what is signified by ‘morality’. Such an implied morality has been understood in terms of deontological duties, the Good life, (...)
    Download  
     
    Export citation  
     
    Bookmark  
  6. Hegel on Legal and Moral Responsibility.Mark Alznauer - 2008 - Inquiry: An Interdisciplinary Journal of Philosophy 51 (4):365 – 389.
    When Hegel first addresses moral responsibility in the Philosophy of Right, he presupposes that agents are only responsible for what they intended to do, but appears to offer little, if any, justification for this assumption. In this essay, I claim that the first part of the Philosophy of Right, “Abstract Right”, contains an implicit argument that legal or external responsibility (blame for what we have done) is conceptually dependent on moral responsibility proper (blame for what we have intended). This (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  7.  68
    Opacity of Character: Virtue Ethics and the Legal Admissibility of Character Evidence.Georgi Gardiner - 2021 - Philosophical Issues 31 (1):334-354.
    Many jurisdictions prohibit or severely restrict the use of evidence about a defendant’s character to prove legal culpability. Situationists, who argue that conduct is largely determined by situational features rather than by character, can easily defend this prohibition. According to situationism, character evidence is misleading or paltry. -/- Proscriptions on character evidence seem harder to justify, however, on virtue ethical accounts. It appears that excluding character evidence either denies the centrality of character for explaining conduct—the situationist position—or omits probative (...)
    Download  
     
    Export citation  
     
    Bookmark  
  8. The Role of Entscheider in the Asylum Procedure: A Legal and Ethical Analysis.Nicolas Kleinschmidt & Jessica Krüger - 2019 - Proceedings of the 2018 ZiF Workshop “Studying Migration Policies at the Interface Between Empirical Research and Normative Analysis”.
    In this article we examine the role of Entscheider (decision-makers) in the German asylum procedure, both legally and ethical. As the responsibility for deciding on asylum applications lies exclusively with them, their significance for the German asylum procedure can hardly be underestimated. However, over the last few decades the situation of Entscheider changed significantly: While the number and complexity of the cases they have to decide on has increased due to the growing immigration, the requirements for their education have (...)
    Download  
     
    Export citation  
     
    Bookmark  
  9. Ethics and the Brains of Psychopaths: The Significance of Psychopathy for Our Ethical and Legal Theories.William Hirstein & Katrina Sifferd - 2014 - In Charles Wolfe (ed.), Brain Theory: Essays in Critical Neurophilosophy. London: Springer. pp. 149-170.
    The emerging neuroscience of psychopathy will have several important implications for our attempts to construct an ethical society. In this article we begin by describing the list of criteria by which psychopaths are diagnosed. We then review four competing neuropsychological theories of psychopathic cognition. The first of these models, Newman’s attentional model, locates the problem in a special type of attentional narrowing that psychopaths have shown in experiments. The second and third, Blair’s amygdala model and Kiehl’s paralimbic model represent the (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  10. H.L.A. Hart’s Lost Essay: Discretion and the Legal Process School.Geoffrey C. Shaw - 2013 - Harvard Law Review 127 (2):666-727.
    This Essay analyzes an essay by H. L. A. Hart about discretion that has never before been published, and has often been considered lost. Hart, one of the most significant legal philosophers of the twentieth century, wrote the essay at Harvard Law School in November 1956, shortly after he arrived as a visiting professor. In the essay, Hart argued that discretion is a special mode of reasoned, constrained decisionmaking that occupies a middle ground between arbitrary choice and determinate rule (...)
    Download  
     
    Export citation  
     
    Bookmark  
  11.  56
    Is an Orderly Transfer of Responsibility Legal News for Ireland?Kirk W. Junker - 2001 - Juris (Winter):24-31.
    "[A]n orderly transfer of responsibility back to Britain, which has exclusively governed Northern Ireland for most of the past three violent decades" is a phrase that ended a recent world news brief in a Pittsburgh newspaper. To the uninitiated, this may look like the same old Ireland; in fact, it may not even look like news. Certainly, it is not quick change [...]. But if we unpack this simple statement, we find that there is much that is new here, and (...)
    Download  
     
    Export citation  
     
    Bookmark  
  12. O dyskryminacji par jednopłciowych.Krzysztof Saja - 2012 - Diametros 34:92–115.
    In my paper I discuss the argument that the absence of the legal possibility to contract same-sex marriages is discriminatory. I argue that there is no analogy between the legal situation of same-sex couples and African-Americans, women or disabled persons in the nineteenth century. There are important natural differences between same-sex and different-sex couples that are good reasons for the legal disparities between them. The probability of having and raising children is one of them. Therefore, demanding (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   3 citations  
  13. Filozofia praw człowieka. Prawa człowieka w świetle ich międzynarodowej ochrony.Marek Piechowiak - 1999 - Towarzystwo Naukowe KUL.
    PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   3 citations  
  14. Entrevista con Lorenzo Peña y Gonzalo.María G. Navarro - 2016 - Dilemata. Revista Internacional de Éticas Aplicadas (22):381-397.
    Lorenzo Peña y Gonzalo has developed a logic, a legal philosophy and a political thought of a deeply neo-Leibnizian nature. The neo-Leibnizian mark characterizes both his philosophical thesis and the terms has coined in his contributions to the theory of knowledge, theodicy, ontology, political philosophy, etc. Above all, this mark is present in his conception of Law and of the logic of legal situations. Under the light of the political problems and crossroads of the present time, this interview (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  15. Edible Insects – Defining Knowledge Gaps in Biological and Ethical Considerations of Entomophagy.Isabella Pali-Schöll, Regina Binder, Yves Moens, Friedrich Polesny & Susana Monsó - 2019 - Critical Reviews in Food Science and Nutrition 17 (59):2760-2771.
    While seeking novel food sources to feed the increasing population of the globe, several alternatives have been discussed, including algae, fungi or in vitro meat. The increasingly propagated usage of farmed insects for human nutrition raises issues regarding food safety, consumer information and animal protection. In line with law, insects like any other animals must not be reared or manipulated in a way that inflicts unnecessary pain, distress or harm on them. Currently, there is a great need for research in (...)
    Download  
     
    Export citation  
     
    Bookmark  
  16.  38
    Improving Regional Regulatory Platform Tools for the Development of Small and Medium Businesses.A. V. Zakharkina & O. A. Kuznetsova - 2019 - Bulletin of Omsk University. Series Andquot;Law" 16 (4):94-103.
    Introduction. Taking into account the priorities of the state policy in the field of economic and innovative development of the Perm region, assessment of the regional potential of the digital economy, the strategic importance of economic activities implemented by SMEs for the economy of the region and the country as a whole, the actual impact of the norms on the instruments of development of small and medium-sized enterprises in the Perm region is assessed. The purpose of this study is to (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  17.  42
    The Legitimacy and Limits of Punishing "Bad Samaritans".Luke William Hunt - 2021 - University of Florida Journal of Law and Public Policy 31 (3):355-376.
    There are often public calls to codify moral sentiments after failures to help others, and recent tragedies have renewed interest in one’s legal duty to aid another. This Article examines the moral underpinnings and legitimacy of so-called “Bad Samaritan” laws—laws that criminalize failures to aid others in emergency situations. Part I examines the theoretical backdrop of duties imposed by Bad Samaritan laws, including their relationship with various moral duties to aid. This leads to the analysis in Part II, which (...)
    Download  
     
    Export citation  
     
    Bookmark  
  18. Relativism, Reflective Equilibrium, and Justice.Schwartz Justin - 1997 - Legal Studies 17:128-68.
    THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS. -/- The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view (...)
    Download  
     
    Export citation  
     
    Bookmark  
  19. Politiques d'irrégularisation par le travail: le cas de la France.Speranta Dumitru & Caroline Caplan - 2017 - In Cohérence et incohérence dans la géstion des migrations et de l'intégration. Montreal: Éditions Thémis. pp. 267-289.
    Dans l’opinion publique, la migration « irrégulière » est associée à l’entrée et au séjour non autorisés. Un nombre croissant d’études indiquent toutefois qu’elle résulte de la production de catégories légales de séjour autorisé. Le présent chapitre enrichit cette littérature, en montrant comment la construction de la catégorie légale de travail autorisé est productrice d’immigration « irrégulière ». En effet, la multiplication des conditions d’accès à l’autorisation de travail a pour effet de priver de droit au séjour des personnes autrement (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  20. Is It Possible to Provide Evidence of Insufficient Evidence? The Precautionary Principle at the WTO.Elisa Vecchione - 2012 - Chicago Journal of International Law 13 (1).
    This Article aims to demonstrate that the WTO jurisprudence on science-related trade disputes has become imbued with a specific vision of science that has prevented any possible application of the precautionary principle. This situation is due both to the WTO’s specific dispute settlement procedures and to the substantive nature of precautionary measures. Indeed, such measures’ foundation on “insufficient scientific evidence” dramatically undermines the probative value of science in WTO adjudication and creates a seeming contradiction: The system requires defendants to (...)
    Download  
     
    Export citation  
     
    Bookmark  
  21. An Analysis of the Interaction Between Intelligent Software Agents and Human Users.Christopher Burr, Nello Cristianini & James Ladyman - 2018 - Minds and Machines 28 (4):735-774.
    Interactions between an intelligent software agent and a human user are ubiquitous in everyday situations such as access to information, entertainment, and purchases. In such interactions, the ISA mediates the user’s access to the content, or controls some other aspect of the user experience, and is not designed to be neutral about outcomes of user choices. Like human users, ISAs are driven by goals, make autonomous decisions, and can learn from experience. Using ideas from bounded rationality, we frame these interactions (...)
    Download  
     
    Export citation  
     
    Bookmark   22 citations  
  22. Strategic Conceptual Engineering for Epistemic and Social Aims.Ingo Brigandt & Esther Rosario - 2020 - In Alexis Burgess, Herman Cappelen & David Plunkett (eds.), Conceptual Engineering and Conceptual Ethics. Oxford: Oxford University Press. pp. 100-124.
    Examining previous discussions on how to construe the concepts of gender and race, we advocate what we call strategic conceptual engineering. This is the employment of a (possibly novel) concept for specific epistemic or social aims, concomitant with the openness to use a different concept (e.g., of race) for other purposes. We illustrate this approach by sketching three distinct concepts of gender and arguing that all of them are needed, as they answer to different social aims. The first concept serves (...)
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  23. Kantian Care.Helga Varden - forthcoming - In Amy Baehr & Asha Bhandary (eds.), Caring for Liberalism: Dependency and Political Theory. pp. 50-74.
    How do we care well for a human being: ourselves or another? Non-Kantian scholars rarely identify the philosophy of Kant as a particularly useful resource with which to understand the full complexity of human care. Kant’s philosophy is often taken to presuppose that a philosophical analysis of good human life needs to attend only to how autonomous, rational agents—sprung up like mushrooms out of nowhere, without a childhood, never sick, always independent—ought to act respectfully, and how they can be forced (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  24.  14
    La singularidad jurídica y el retorno del filósofo-rey: potenciales consecuencias para el imperio de la ley y la democracia.Jorge Crego - 2021 - Persona y Derecho 85:249-281.
    Implementing machine learning in law would transform current legal orders, based on the rule of law. The result would be “legal singularity”: an order based on “precisely tailored laws, specifying the exact behaviour that is permitted in every situation”. According to its proponents, this would promote justice and legal certainty. Through a comparison with the Platonic proposal of the philosopher-king, this article defends that, even if the aforementioned values were to be promoted, the inherent opacity of (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  25. The Space Object Ontology.Robert J. Rovetto - 2016 - 2016 1.
    This paper develops the ontology of space objects for theoretical and computational ontology applied to the space (astronautical/astronomical) domain. It follows “An ontological architecture for Orbital Debris Data” (Rovetto, 2015) and “Preliminaries of a Space Situational Awareness Ontology” (Rovetto, Kelso, 2016). Important considerations for developing a space object ontology, or more broadly, a space domain ontology are presented. The main category term ‘Space Object’ is analyzed from a philosophical perspective. The ontological commitments of legal definitions for artificial space objects (...)
    Download  
     
    Export citation  
     
    Bookmark  
  26.  95
    Gleiche Gerechtigkeit: Grundlagen Eines Liberalen Egalitarismus.Stefan Gosepath - 2004 - Suhrkamp.
    Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of equality (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   22 citations  
  27. Globalization and Community: In Search of Transnational Justice.Edmund Byrne - 1989 - In Technological Transformation Contextual and Conceptual Implications, Philosophy & Technology, Vol. 5. Dordrecht, Netherlands: Kluwer Academic Publishers. pp. 141-161.
    Ethical issues that arise because of the transcendent power of globally oriented corporate entities vis-a-vis local communities. Common problems arise from plant closings and automation, here illustrated by cases of restructuring in Indiana. Public use limitations on "eminent domain" decisions are considered. Then attention turns to the lack of constraints available to regulate decisions made by a transnational corporation. Limited applicability of Rawls's contract theory is noted, then ten real-world space-time situations are reported that involve legally uncontrolled harm to locals (...)
    Download  
     
    Export citation  
     
    Bookmark  
  28.  56
    Reasonableness on the Clapham Omnibus: Exploring the Outcome-Sensitive Folk Concept of Reasonable.Markus Kneer - forthcoming - In P. Bystranowski, Bartosz Janik & M. Prochnicki (eds.), Judicial Decision-Making: Integrating Empirical and Theoretical Perspectives. Springer Nature.
    This paper presents a series of studies (total N=579) which demonstrate that folk judgments concerning the reasonableness of decisions and actions depend strongly on whether they engender positive or negative consequences. A particular decision is deemed more reasonable in retrospect when it produces beneficial consequences than when it produces harmful consequences, even if the situation in which the decision was taken and the epistemic circumstances of the agent are held fixed across conditions. This finding is worrisome for the law, (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  29. The Problem of Great Sin in al-Jaṣṣās’ Works.Ömer Yılmaz - 2018 - Tasavvur - Tekirdag Theology Journal 4 (2):760 - 783.
    The political turmoil at the end of the period of Righteous Caliphs and in the early periods of the Umayyads had left the Islamic community facing factionalism and civil war. Accordingly, people have witnessed that the acts considered among the great sins such as assassination may be committed even by companions of the Prophet (pbuh). This situation brought the question on the status of believers who committed great sins in this World and in the Hereafter, to the agenda of (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  30.  40
    The Problem with Killer Robots.Nathan Gabriel Wood - 2020 - Journal of Military Ethics 19 (3):220-240.
    Warfare is becoming increasingly automated, from automatic missile defense systems to micro-UAVs (WASPs) that can maneuver through urban environments with ease, and each advance brings with it ethical questions in need of resolving. Proponents of lethal autonomous weapons systems (LAWS) provide varied arguments in their favor; robots are capable of better identifying combatants and civilians, thus reducing "collateral damage"; robots need not protect themselves and so can incur more risks to protect innocents or gather more information before using deadly force; (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  31. Punishment, Compensation, and Law: A Theory of Enforceability.Mark R. Reiff - 2005 - Cambridge University Press.
    This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the (...)
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  32. Is Kant a Retributivist?M. Tunick - 1996 - History of Political Thought 17 (1):60-78.
    Retributivists are often thought to give 'deontological' theories of punishment, arguing that we should punish not for the beneficial consequences of doing so such as deterrence or incapacitation, but purely because justice demands it. Kant is often regarded as the paradigmatic retributivist. In some passages Kant does appear to give a deontological theory of punishment. For example, Kant insists that on an island where all the people were to leave the next day, forever dissolving and dispersing the community, the last (...)
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  33. Feminism in Science: An Imposed Ideology and a Witch Hunt.Martín López Corredoira - 2021 - Scripta Philosophiae Naturalis 20:id. 3.
    Metaphysical considerations aside, today’s inheritors of the tradition of natural philosophy are primarily scientists. However, they are oblivious to the human factor involved in science and in seeing how political, religious, and other ideologies contaminate our visions of nature. In general, philosophers observe human (historical, sociological, and psychological) processes within the construction of theories, as well as in the development of scientific activity itself. -/- In our time, feminism—along with accompanying ideas of identity politics under the slogan “diversity, inclusion, equity”—has (...)
    Download  
     
    Export citation  
     
    Bookmark  
  34. Police-Generated Killings: The Gap Between Ethics and Law.Ben Jones - forthcoming - Political Research Quarterly.
    This article offers a normative analysis of some of the most controversial incidents involving police—what I call police-generated killings. In these cases, bad police tactics create a situation where deadly force becomes necessary, becomes perceived as necessary, or occurs unintentionally. Police deserve blame for such killings because they choose tactics that unnecessarily raise the risk of deadly force, thus violating their obligation to prioritize the protection of life. Since current law in the United States fails to ban many bad (...)
    Download  
     
    Export citation  
     
    Bookmark  
  35. Autonomy Gaps as a Social Pathology: Ideologiekritik Beyond Paternalism.Joel Anderson - forthcoming - In Rainer Forst (ed.), Sozialphilosophie Und Kritik. Suhrkamp.
    From the outset, critical social theory has sought to diagnose people’s participation in their own oppression, by revealing the roots of irrational and self-undermining choices in the complex interplay between human nature, social structures, and cultural beliefs. As part of this project, Ideologiekritik has aimed to expose faulty conceptions of this interplay, so that the objectively pathological character of what people are “freely” choosing could come more clearly into view. The challenge, however, has always been to find a way of (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   4 citations  
  36.  40
    From ‘Hard’ Neuro-Tools to ‘Soft’ Neuro-Toys? Refocussing the Neuro-Enhancement Debate.Jonna Brenninkmeijer & Hub Zwart - 2017 - Neuroethics 10 (3):337-348.
    Since the 1990’s, the debate concerning the ethical, legal and societal aspects of ‘neuro-enhancement’ has evolved into a massive discourse, both in the public realm and in the academic arena. This ethical debate, however, tends to repeat the same sets of arguments over and over again. Normative disagreements between transhumanists and bioconservatives on invasive or radical brain stimulators, and uncertainties regarding the use and effectivity of nootropic pharmaceuticals dominate the field. Building on the results of an extensive European project (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  37. Zehn Jahre Neuroethik des Pharmazeutischen Kognitiven Enhancements – Aktuelle Probleme Und Handlungsrichtlinien Für Die Praxis.Thomas Metzinger - 2012 - Fortschritte der Neurologie Und Psychiatrie 80 (1):36-43.
    An evaluating survey of the development of the neuroethics of pharmaceutical cognitive enhancement (PCE) during the last decade, focussing on the situation in Germany, has been undertaken. This article presents the most important conceptual problems, current substances and central ethical and legal issues. Very first guidelines and recommendations for policy-makers are formulated at the end of the text.
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  38. Philosophical Ruminations About Embryo Experimentation with Reference to Reproductive Technologies in Jewish “Halakhah”.Piyali Mitra - 2017 - IAFOR Journal of Ethics, Religion and Philosophy 3 (2):5-19.
    The use of modern medical technologies and interventions involves ethical and legal dilemmas which are yet to be solved. For the religious Jews the answer lies in Halakhah. The objective of this paper is to unscramble the difficult conundrum possessed by the halakhalic standing concerning the use of human embryonic cell for research. It also aims to take contemporary ethical issues arising from the use of technologies and medical advances made in human reproduction and study them from an abstract (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  39. Agamben's Political Paradigm of the Camp: Its Features and Reasons.Alison Ross - 2012 - Constellations 19 (3):421-434.
    This article gives a critical account of Agamben's contention that the camp is the paradigm of 'bio-politics' in the west. It analyses the deficiencies of this paradigm by means of comparison with other approaches to juridical topics and political theory (e.g., the treatments of the topics of force and state power in liberalism and Foucault). First, I ask about the features Agamben ascribes to the camp space and in what respects they support his contention that the camp has general significance. (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  40. In Dubio Pro Embryone. Neue Argumente Zum Moralischen Status Menschlicher Embryonen.Gregor Damschen & Dieter Schönecker - 2003 - In Gregor Damschen & Dieter Schönecker (eds.), Der moralische Status menschlicher Embryonen. Pro und contra Spezies-, Kontinuums-, Identitäts- und Potentiali­tätsargument. Berlin & New York: de Gruyter. pp. 187-267.
    When in doubt, for the embryo. New arguments on the moral status of human embryos. - In the first part of our essay we distinguish the philosophical from the legal and political level of the embryo debate and describe our indirect justification strategy. It consists in renouncing a determination of the dignity-giving φ-properties and instead starting from premises that are undoubted by all discussion partners. In the second part we reconstruct and criticize the species, continuum, identity and potentiality arguments. (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   3 citations  
  41.  57
    The Threatened Trade in Human Ova.Donna Dickenson - 2004 - Nature Reviews Genetics 5 (3):157.
    It is well known that there is a shortage of human ova for in vitro fertilization (IVF) purposes, but little attention has been paid to the way in which the demand for ova in stem-cell technologies is likely to exacerbate that shortfall and create a trade in human eggs. Because the 'Dolly' technology relies on enucleated ova in large quantities, allowing for considerable wastage, there is a serious threat that commercial and research demands for human eggs will grow exponentially from (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  42. Critical Theories of Crisis in Europe: From Weimar to the Euro.Poul F. Kjaer & Niklas Olsen - 2016 - Lanham, MD 20706, USA: Rowman & Littlefield International.
    What is to be learned from the chaotic downfall of the Weimar Republic and the erosion of European liberal statehood in the interwar period vis-a-vis the ongoing European crisis? This book analyses and explains the recurrent emergence of crises in European societies. It asks how previous crises can inform our understanding of the present crisis. The particular perspective advanced is that these crises not only are economic and social crises, but must also be understood as crises of public power, order (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  43. Reflections on Law and Its Inner Morality.Csaba Varga - 1985 - Rivista Internazionale di Filosofia Del Diritto 62 (3):439-451.
    1. Law and morals as two systems of norms, and the inner morality of law 2. Law as a value bearer and as a mere external indicator 3. The inner and external moral credit of legislator 4. The inner morality of law. As to the last paragraph, the most striking feature of the inner morality of law is that it is such a possible characteristic, surplus quality which is not a sine qua non, which law is conceivable without. However, it (...)
    Download  
     
    Export citation  
     
    Bookmark  
  44. Conscientious Objection to Medical Assistance in Dying: A Qualitative Study with Quebec Physicians.Jocelyn Maclure - 20019 - Canadian Journal of Bioethics / Revue canadienne de bioéthique 2 (2):110-134.
    Patients in Quebec can legally obtain medical assistance in dying (MAID) if they are able to give informed consent, have a serious and incurable illness, are at the end of their lives and are in a situation of unbearable suffering. Since the Supreme Court of Canada’s 2015 Carter decision, access to MAID, under certain conditions, has become a constitutional right. Quebec physicians are now likely to receive requests for MAID from their patients. The Quebec and Canadian laws recognize a (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  45. The Ethics of Extended Cognition: Is Having Your Computer Compromised a Personal Assault?J. Adam Carter & S. Orestis Palermos - forthcoming - Journal of the American Philosophical Association.
    Philosophy of mind and cognitive science (e.g., Clark and Chalmers 1998; Clark 2010; Palermos 2014) have recently become increasingly receptive tothe hypothesis of extended cognition, according to which external artifacts such as our laptops and smartphones can—under appropriate circumstances—feature as material realisers of a person’s cognitive processes. We argue that, to the extent that the hypothesis of extended cognition is correct, our legal and ethical theorising and practice must be updated, by broadening our conception of personal assault so as (...)
    Download  
     
    Export citation  
     
    Bookmark  
  46. Balancing Acts: Intending Good and Foreseeing Harm -- The Principle of Double Effect in the Law of Negligence.Edward C. Lyons - 2005 - Georgetown Journal of Law and Public Policy 3 (2):453-500.
    In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  47. Moral Permissibility of Euthanasia: A Case Discussion From Bangladesh.Azam Golam - 2007 - The Dhaka University Studies 63 (2):157-169.
    Euthanasia or mercy killing is, now a day, a major problem widely discussed in medical field. Medical professionals are facing dilemma to take decision regarding their incompetent patient while tend to do euthanasia. The dilemma is by nature moral i.e. whether it is morally permissible or not. In some countries of Europe and in some provinces of USA euthanasia is legally permitted fulfilling some conditions. It is claimed by Rachels that in our practical medical practice we do euthanasia by forbidding (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  48. The Road Not Taken – Reading Calabresi’s “The Future of Law and Economics”.Paolo Silvestri - 2019 - Global Jurist 19 (3):1-7.
    The publication of Guido Calabresi’s book “The Future of Law and Economics” has drawn a substantial amount of attention among law and economics scholars. We thought that the best way to devote special attention to this book was to devote a Special issue to it. This article situates Calabresi’s book among other reflections on the future of the discipline, introduces and explains the reasons behind this Special issue and discuss the organization and content of it. -/- We emphasize how Calabresi’s (...)
    Download  
     
    Export citation  
     
    Bookmark  
  49. The Ethical Work That Regulations Will Not Do.Carusi Annamaria & De Grandis Giovanni - 2012 - Information, Communication and Society 15 (1):124-141.
    Ethical concerns in e-social science are often raised with respect to privacy, confidentiality, anonymity and the ethical and legal requirements that govern research. In this article, the authors focus on ethical aspects of e-research that are not directly related to ethical regulatory framework or requirements. These frameworks are often couched in terms of benefits or harms that can be incurred by participants in the research. The authors shift the focus to the sources of value in terms of which benefits (...)
    Download  
     
    Export citation  
     
    Bookmark  
  50. Moral Ignorance and the Social Nature of Responsible Agency.Fernando Rudy-Hiller - forthcoming - Tandf: Inquiry:1-28.
    In this paper I sketch a socially situated account of responsible agency, the main tenet of which is that the powers that constitute responsible agency are themselves socially constituted. I explain in detail the constitution relation between responsibility-relevant powers and social context and provide detailed examples of how it is realized by focusing on what I call ‘expectations-generating social factors’ such as social practices, cultural scripts, social roles, socially available self-conceptions, and political and legal institutions. I then bring my (...)
    Download  
     
    Export citation  
     
    Bookmark  
1 — 50 / 1000