This paper addresses the issue of the legal status of non-human animals and the possibility of changing it from the status of things or property to the status of non-things, or better, sentient beings. Key arguments for the change of their status are discussed, including the argument from marginal cases, as well as scientific evidence indicating that many animals are sentient beings. Two ways of initiating such changes seem most promising: legislation, i.e. modification of the (...) civil codes, and litigation, i.e. filing lawsuits on behalf of individual animals. It is argued that legislative changes are necessary for moving animals out of the legal category of things and into the category of sentient beings that can bear rights. On the other hand, litigation could bring about more radical change of the legal status of some animals. (shrink)

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

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

The concept of artificial intelligence is not new nor is the notion that it should be granted legal protections given its influence on human activity. What is new, on a relative scale, is the notion that artificial intelligence can possess citizenship—a concept reserved only for humans, as it presupposes the idea of possessing civil duties and protections. Where there are several decades’ worth of writing on the concept of the legal status of computational artificial artefacts in the (...) USA and elsewhere, it is surprising that law makers internationally have come to a standstill to protect our silicon brainchildren. In this essay, it will be assumed that future artificial entities, such as Sophia the Robot, will be granted citizenship on an international scale. With this assumption, an analysis of rights will be made with respect to the needs of a non-biological intelligence possessing legal and civic duties akin to those possessed by humanity today. This essay does not present a full set of rights for artificial intelligence—instead, it aims to provide international jurisprudence evidence aliunde ab extra de lege lata for any future measures made to protect non-biological intelligence. (shrink)

Immigrant legalization policies pose an ethical dilemma between justice and the rule of law. On the one hand, liberal democracies aspire to the principles of individual liberty and equality. Building on liberal ideals of justice, compelling arguments have been made for granting legal status and a path to citizenship to unauthorized migrants by virtue of the social ties they have developed, their contributions to the host society, and their vulnerability to exploitation. On the other hand, legalization poses a (...) challenge to another important value, the rule of law, which requires government to operate within a framework of law in accordance with well-established public norms. Immigrant legalization programmes are said to undermine the rule of law because they reward lawbreaking, allow queue-jumping, and incentivize further unauthorized migration. This article clarifies each horn of the dilemma, focusing on rule of law arguments. We offer a critical reappraisal of immigrant legalization policies by reflecting on the normative meaning of the rule of law and by examining empirical evidence assessing the effects of legalization. Our central contention is that legalization policies can enhance the rule of law. We offer five rule of law arguments in support of legalization, which help to mitigate the dilemma between justice and the rule of law. We conclude by discussing some policy implications of our analysis. (shrink)

The rapid advancement of artificial (computer) intelligence systems (CIS) has generated a means whereby assistive bionic prosthetics can become both more effective and practical for the patients who rely upon the use of such machines in their daily lives. However, de lege lata remains relatively unspoken as to the legal status of patients whose devices contain self-learning CIS that can interface directly with the peripheral nervous system. As a means to reconcile for this lack of legal foresight, (...) this article approaches the topic of CIS-nervous system interaction and the impacts it may have on the legal definition of “persons” under the law. While other literature of this nature centres upon notions of transhumanism or self-enhancement, the approach herein approached is designed to focus solely upon the legal nature of independent CIS actions when operating alongside human subjects. To this end, it is hoped that further discussion on the topic can be garnered outside of transhumanist discourse to expedite legal consideration for how these emerging relationships ought to be received by law-generating bodies internationally. (shrink)

Legal norms are an invention. This paper advances a proposal about what kind of invention they are. The proposal is that legal norms derive from rules which specify role functions in a legal system. Legal rules attach to agents in virtue of their status within the system in which the rules operate. The point of legal rules or a legal system is to solve to large scale coordination problems, specifically the problem of organizing (...) social and economic life among a group of people and their successors, though not every legal rule pertains to a coordination problem. The framework for thinking about legal norms that I describe is a framework for thinking about institutions and policies more generally. The idea is to show that legal norms are a species of institutional norm. There are two central ideas. The first is the idea of a role in an institution. The second is the idea of proxy agency. Proxy agency involves one agent or group acting under the authorization of another agent or group (perhaps subsuming it) in a way that makes the actions of the proxy count as actions (under a description) of the individual or group for which it is a proxy. We get the characteristic structure of a legal system by conceiving of an institutional group, itself conceived of as a set of interlocking roles realized in individuals, as having one or more roles for proxy agents who are authorized by the group to make policy for the group. The set of rules governing the basic constitution of the group and spelling out the powers of the policy proxies determine fundamental norms for the group with specific role responsibilities attaching to particular positions in institutional arrangements. The policies determine further norms whose force derives from the fundamental norms. We must then say some further things to distinguish institutions and policies which we wish to designate as legal. (shrink)

This paper discusses the legal aspects of the activities of transnational corporations. The relevance of the subject matter is determined by the significant impact exerted by transnational corporations on the world economy in general and on the economic situation of the country in which such corporations are registered as a subject of legal form of ownership in particular. Quality functioning of transnational corporations is an effective factor for the formation of sustainable development. This study reveals and determines the (...) relationship between the scale of activity of transnational corporations and their legal status within the framework of both single countries and entire economic communities, the individual subjects of law of which are transnational corporations. The practical significance of this study lies in the possibility of identifying and stating key aspects that play a significant role in assessing the practical activities of transnational corporations in the context of existing legal law with the ability to use the identified patterns in specific legal practice. The results of this study can be of significant practical importance for employees in the field of legal support for the activities of transnational-scale corporations, who are faced with the need to deeply analyse the legal aspects of the activities of these organisations and provide management of such structures with timely, highquality legal recommendations regarding the correction of the activities of these organisations in the context of the existing legal field. (shrink)

Wil Waluchow has advanced perhaps the most convincing argument in favour of what he eloquently termed ‘inclusive legal positivism’, the view that a given legal system could make legal validity depend on moral truths. This chapter refocuses the case for the opposing view of exclusive positivism on the metaphysical tension in seeing law as an institutional social fact and yet for its validity to depend on something that is not a social fact, developing an understanding of official (...) mistake as a way of highlighting that tension. If legal validity itself is understood as a socially constructed status (something with which any legal positivist would agree), key officials (as a group) cannot be wrong about the criteria sufficient for institutional membership having been met. While the officials cannot be wrong about the sufficient conditions, they can be wrong about the necessary (gatekeeping) ones and the moral criteria that inclusive positivists say could be included among the criteria of validity are invariably understood to be necessary conditions. That might look like a point in favour of inclusive positivism, but it is only the sufficient conditions that are constitutive of legal validity. Two facets of legal decisions are then marshalled to buttress the case for exclusive positivism: that almost every legal decision is also a determination of validity, and that all such decisions are systemically treated as correct until reviewed by a court of superior jurisdiction (which is itself a sufficient condition for membership). The implication of this is that moral criteria, understood as gatekeepers for legal validity, cannot be constitutive of legal validity. (shrink)

The challenge posed by legal indeterminacy to legal legitimacy has generally been considered from points of view internal to the law and its application. But what becomes of legal legitimacy when the legal status of a given norm is itself a matter of contestation? This article, the first extended scholarly treatment of the International Holocaust Remembrance Alliance (IHRA)’s new definition of antisemitism, pursues this question by examining recent applications of the IHRA definition within the UK (...) following its adoption by the British government in 2016. Instead of focusing on this definition’s substantive content, I show how the document reaches beyond its self-described status as a “non-legally binding working definition” and comes to function as what I call a quasi-law, in which capacity it exercises the de facto authority of the law, without having acquired legal legitimacy. Broadly, this work elucidates the role of speech codes in restricting freedom of expression within liberal states. (shrink)

English law is unambiguous that legal personality, and with it all legal rights and protections, is assigned at birth. This rule is regarded as a bright line that is easily and consistently applied. The time has come, however, for the rule to be revisited. This article demonstrates that advances in fetal surgery and (anticipated) artificial wombs do not marry with traditional conceptions of birth and being alive in law. These technologies introduce the possibility of ex utero gestation, and/or (...) temporary existence ex utero, and consequently developing human beings that are novel to the law. Importantly, therefore, the concepts of birth and born alive no longer distinguish between human beings deserving of legal protection in the way originally intended. Thus, there is a need for reform, for a new approach to determining the legal significance of birth and what being legally alive actually encompasses. Investigating the law of birth is of crucial importance, because of the implications of affording or denying the subjects of new reproductive technologies rights and protections. A determination of the legal status of the subject of fetal surgery or an artificial womb will determine what can and cannot be done to each entity. Moreover, the status afforded to these entities will drastically impact on the freedoms of pregnant women. (shrink)

Professionalization, career development prospects, and social value are the three basic components of the status and prospects of community education workers, which influence their choice to continue their careers or not. In China, these problems are complex and lacking in systematic research, and the current situation does not meet the needs of community education. This study interviewed 24 community workers regarding their salaries, working conditions, and training and career advancement opportunities to evaluate this situation in Ningbo City. The findings (...) highlight challenges in the evaluation processes and work motivations of community education workers, including teams without professional knowledge, lack of training opportunities, unsupportive policies, and low salaries. These findings can be used by governments and community workers to find collaborative ways to facilitate community education processes, including the provision of adult education for community educators. New legal policies to raise the status of community educators are also suggested. (shrink)

This essay is a critical notice of David Dyzenhaus's book, The Long Arc of Legality. I argue that Dyzenhaus’s criterion for distinguishing legal pathologies that undermine law's contractarian claim to legitimacy and political pathologies that do not is unsustainable. It relies on a categorical distinction between the threat to law's legitimacy posed by treating some subjects as de jure second-class citizens, whose formal legal status is compromised, and other threats to political legitimacy grounded in the treatment of (...) some subjects as de facto second-class citizens, who retain full formal legal equality but suffer from thoroughgoing substantive subordination. But some forms of de facto second-class citizenship are a greater threat to contractarian legitimacy than some forms of full formal equality. So formal equality for subjects and legal legitimacy come apart. I consider and respond to several responses on Dyzenhaus's behalf, and conclude by proposing a version of his jurisprudential theory that relaxes this distinction. (shrink)

The text examines the status of the truth in the legal norms, trying to answer the questions of whether they can be subject to a truth assessment and, if such an assessment is possible, how a truth value can be attributed to legal norms. To achieve this goal, first of all, the text discusses some basic linguistic conceptions concerning the nature and truth of legal norms and subsequently, a a complex approach is being proposed for attributing (...) truth-value to legal norms. On On the one hand, the latter’s being studied by the methods of deontic logic and theory of possible worlds, and on the other hand, their relation to truth is being explained by semantic anti-realism. (shrink)

In this paper, I ask whether mishpat ivri (Jewish Law) is appropriately conceived as a “legal system”. I review Menachem Elon’s use of a “Sources” Theory of Law (based on Salmond) in his account of Mishpat Ivri; the status of religious law from the viewpoint of jurisprudence itself (Bentham, Austin and Kelsen); then the use of sources (and the approach to “dogmatic error”) by halakhic authorities in discussing the problems of the agunah (“chained wife”), which I suggest points (...) to a theory more radical than the “sources” theory of law, one more akin to the ultimate phase of the thought of Kelsen (the “non-logical” Kelsen) or indeed to some form of Legal Realism (with which that phase of Kelsen’s thought has indeed been compared)? I finally juxtapose an account based on internal theological resources (a “Jurisprudence of Revelation”). Downloadable at at http://www.biu.ac.il/JS/JSIJ/jsij1.html. (shrink)

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

Following Kelsen’s influential theory of law, the concept of validity has been used in the literature to refer to different properties of law (such as existence, membership, bindingness, and more), and so it is inherently ambiguous. More importantly, Kelsen’s equivalence between the existence and the validity of law prevents us from accounting satisfactorily for relevant aspects of our current legal practices, such as the phenomenon of “unlawful law.” This chapter addresses this ambiguity to argue that the most important function (...) of the concept of validity is constituting the complex ontological paradigm of modern law as an institutional-normative practice. In this sense, validity is an artificial ontological status that supervenes on that of the existence of legal norms, thus allowing law to regulate its own creation and creating the logical space for the occurrence of “unlawful law.” This function, I argue in the last part, is crucial to understanding the relationship between the ontological and epistemic dimensions of the objectivity of law. Given the necessary practice-independence of legal norms it is the epistemic accessibility of their creation that enables the law to fulfill its general action-guiding (and thus coordinating) function. (shrink)

Because of its non-representational nature, music has always had familiarity with computational and algorithmic methodologies for automatic composition and performance. Today, AI and computer technology are transforming systems of automatic music production from passive means within musical creative processes into ever more autonomous active collaborators of human musicians. This raises a large number of interrelated questions both about the theoretical problems of artificial musical creativity and about its ethical consequences. Considering two of the most urgent ethical problems of Musical AI (...) (music job replacement and machine musical authorship), we show in this essay the strict dependence of every form of acknowledgment of a moral and legal status to systems of automatic music production from the theoretical account of musical creativity by turns implicitly or explicitly adopted, arguing, on the basis of pragmatic reasons, for the necessity and the desirability of this acknowledgment. (shrink)

Induced abortion continues to be a subject of ethical and moral debates, with the hope that reaching an agreement on what is deemed morally permissible will guide how the society ought to respond by legislating appropriate legal guidelines. The aim of this essay is to examine who constitutes moral privileges in society and more specifically, the criterion on which membership in the moral community is granted. In this paper, I will argue that membership to the human race is not (...) in itself a well supported proposition for accessing moral privileges, but rather, there must be a criterion which forms the basis of this differential treatment. I will endeavour to show that whatever this criterion is set to be, there will be a stage during pregnancy where the fetus will lack that attribute. It is by this deductive reasoning I will demonstrate that terminating pregnancy, before the fetus fulfills the criterion required for gaining moral privileges, is morally permissible. Holding any philosophical position on the debate inherits the burden to reason how that view will be translated in determining the legal status of abortion. For this, I will demonstrate how it follows that different rational individuals can have varying criterion for determining access to moral community, all of which must be respected by the legal practice. The only way to legally respect these gradation of criteria, and by extension the individual who sets them, is by making all cases of abortion legally permissible. (shrink)

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

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. The species argument only has a certain plausibility, if at all, as a critical argument. From the continuum argument and identity argument we take over the idea of numerical identity (NI) and link it with the core idea of the potentiality argument (P). So we come to the NIP argument: -/- (NIP) -/- (1) Every living human body that is the bearer of (or has) potential φ-properties has dignity. (2) Every viable human embryo is a living human body that is the bearer of (or has) potential φ properties. Therefore, (3) Every viable human embryo has dignity. -/- Reversibly comatose people and newborns are protected because they have the potential to have actual personal characteristics in the future; our thesis is that embryos that are capable of development also have the same potential in moral terms. The basic idea of numerical identity, with which we support the second premise, is that every human being, from embryonic existence to adulthood, forms a physical unity. In a detailed part, we deal with the crown princess, gametes, parthenogenesis, somatic cell, pronuclear stage, biological heteronome early embryo, multiple, fusion, Siamese twin, hydatidiform mole and finally trophoblast problems. In a third part, the indirect argument is supplemented by a metatheoretical cautionary argument. It states that in situations where there is doubt as to whether a being falls within the scope of a moral norm, but there are sufficiently strong reasons for this subsumption, it must be assumed that this is the case if the contrary assumption and the positive effects it may have are in no acceptable proportion to the moral harm that would result if that subsumption were not made. The main result of our considerations is therefore: When in doubt, for the embryo. (shrink)

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

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

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

From year to year some of us, people of planet Earth, Earthlings, attacks intensify on the veto right in the UN Security Council. They consciously or unconsciously ignore its metaphisical, ontological and existential statuses established in 1945 by the founders of the United Nations as a result of the multimillion sacrificial struggle of all Humanity against nazism. Perhaps this is due to a misunderstanding of the metaphysics of international relations, the enduring existential significance of the veto for the viability of (...) the entire UN system in the nuclear-ecological information era, or because of the veiled, formal-procedural veto status enshrined in the UN Charter. The authors of the attacks substantiate their conclusions by the "non-democracy", "ineffectiveness" of the UN Security Council, "unfair privileges" of the five permanent members of the Security Council ("P1945"), a significant increase in the number of UN member states after 1945, the fate of the League of Nations, "geopolitical realities". According to the attackers, the veto in the UN Security Council makes the decision-making process "unequal and abortive", which does not contribute to maintaining peace and preventing civil wars, genocide, violation of human rights and aggression in international relations. Some politicians and experts propose not only to limit the veto right of the five permanent members of the UN Security Council, but to completely deprive them of this right, which, as we know, are nuclear powers and bear the main responsibility for international security, the preservation of peace and life itself on planet Earth. Taking into account 75-years experience in the use of the veto right in the UN Security Council, with the aim of strengthening the historical, metaphysical, existential and procedural-legal significance of the veto right, its fundamental role in resolving the most complex international problems in the context of the constantly increasing threats and risks of our times during the reform of the UN Security Council with the increased number of members of the Security Council, the UN Charter must establish two essential levels of the veto right: 1. Absolute (unconditional, eternal) veto — "VETO1945": 2. Conditional (limited) veto. (shrink)

Bangladesh is a signatory of the International Labor Organization’s two landmark conventions on child labor – No.138 on Minimum Age and No. 182 on the Worst Forms of Child Labor. The Bangladesh Labor Act, 2006 prohibits the employment of any child in child labor’s worst forms, including hazardous ones. To eliminate hazardous child labor (HCL) from the country, the government published a list of 38 activities/processes as hazardous to children. However, emerging data suggest that HCL still exists widely in the (...) country, and the COVID-19 pandemic has worsened the situation. The review of existing evidence and relevant reports evinces that the country’s current policies inadequately address the status and remedies of HCL. Based on the author’s desk review, observational experience and visual work, this paper evaluates the competence of the hazardous labor list and current legal protections for children. The findings suggest that lack of implementation, reporting and monitoring opens the floodgate for employers to informally employ children in hazardous work and take advantage of the legal lacunae. Destitute families and street children lack citizenship documents and become easy victims of exploitative employment. The analysis informs that the country’s existing legislative framework and protection policies are critically inadequate to cease HCL in urban areas. (shrink)

Digitalisation has lent the right to privacy increasing philosophical and legal relevance. However, privacy’s epistemic status and associated normative values are constantly subject to radical criticisms. This article investigates the validity, in theory and practice, of three radical critiques of privacy. A review of the philosophical and interdisciplinary discourse on privacy during the last half century is followed by analyses of recent legal developments within the EU. Privacy emerges as a highly differentiated and powerful tool to protect (...) individuals and social relations and to limit and redistribute power. However, the right to privacy remains far from realising its practical potential. (shrink)

The aim of this exploratory paper is to review an under-appreciated parallel between group agency and artificial intelligence. As both phenomena involve non-human goal-directed agents that can make a difference to the social world, they raise some similar moral and regulatory challenges, which require us to rethink some of our anthropocentric moral assumptions. Are humans always responsible for those entities’ actions, or could the entities bear responsibility themselves? Could the entities engage in normative reasoning? Could they even have rights and (...) a moral status? I will tentatively defend the (increasingly widely held) view that, under certain conditions, artificial intelligent systems, like corporate entities, might qualify as responsible moral agents and as holders of limited rights and legal personhood. I will further suggest that regulators should permit the use of autonomous artificial systems in high-stakes settings only if they are engineered to function as moral (not just intentional) agents and/or there is some liability-transfer arrangement in place. I will finally raise the possibility that if artificial systems ever became phenomenally conscious, there might be a case for extending a stronger moral status to them, but argue that, as of now, this remains very hypothetical. (shrink)

What separates the unique nature of human consciousness and that of an entity that can only perceive the world via strict logic-based structures? Rather than assume that there is some potential way in which logic-only existence is non-feasible, our species would be better served by assuming that such sentient existence is feasible. Under this assumption, artificial intelligence systems (AIS), which are creations that run solely upon logic to process data, even with self-learning architectures, should therefore not face the opposition they (...) have to gaining some legal duties and protections insofar as they are sophisticated enough to display consciousness akin to humans. Should our species enable AIS to gain a digital body to inhabit (if we have not already done so), it is more pressing than ever that solid arguments be made as to how humanity can accept AIS as being cognizant of the same degree as we ourselves claim to be. By accepting the notion that AIS can and will be able to fool our senses into believing in their claim to possessing a will or ego, we may yet have a chance to address them as equals before some unforgivable travesty occurs betwixt ourselves and these super-computing beings. (shrink)

Is the family subject to principles of justice? In "A Theory of Justice", John Rawls includes the (monogamous) family along with the market and the government as among the, "basic institutions of society", to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes (...) to the family, and in particular its impact on fair equal opportunity, (the first part of the Difference Principle, Rawls' second principle of justice), he abandons the priority of justice. I also argue that he is right to do so. -/- The central argument is simple. As Rawls admits, what family one is raised by profoundly affects one's life chances: a child raised by a family has far greater life chances on every dimension than one raised in a poorer family that may lack books, education, and time to give the child attention. But the prevailing family arrangements in the industrialized West, assigning children to be raised by their biological parents, is guaranteed to perpetuate this injustice. While Rawls says an unjust institution in the basic structure of society, in which he includes the family, must be, "reformed or abolished," he refrains from calling for the reform or abolition of the family. We must simply work around it to compensate for the injustices he admits it involves. And this despite the fact that alternative arrangements involving communal child-rearing (Plato) or assigning children to those best qualified to raise them (Rousseau) are common in the philosophical literature. Moreover, the practice of having children raised by their biological parents is a relatively recent one, at least in the West, where, before the late 18th century, fostering-out or apprenticeship arrangements were normal and expected for both rich and poor for centuries. -/- Much of the paper is devoted to fine-grained textual analysis of Rawls' attempts to avoid the devastating implications of this argument for his theory of justice -- much of which are stated only in the original edition of "A Theory of Justice" and simply deleted, without substitution by anything better, in the second edition. In the end, Rawls has no way out. He cannot keep the priority of justice, fair equality of opportunity, and the monogamous family in which children are raised by their biological parents. As he admits, these are mutually inconsistent. -/- In the final part of the paper, I argue that Rawls should give up on the priority of justice. While child-rearing by the biological parents is a historical anomaly, in the real modern world it would be politically unfeasible to institute Platonic, Rousseauean, or similar legislation that purportedly assigned children to those best able to raise them, regardless of biological relationship. Since Rawls is committed to principles of political stability and feasibility, as he should be, and since ought implies can, such proposals are off the table. I concur with Rawls that we must work around this injustice, even those there are more just arrangements available in principle. But the cost of this -- less high than Rawls suggests -- is abandoning the principle of the priority of justice. Justice is one of a number of considerations that we must or may balance in deciding on the best attainable social relations. It is not a trump. However, this comes a great cost for Rawls: he must also abandon the lexical ordering of principles of justice or, in general, right or good principles of social order, in favor of the messy intuitionist balancing that his theory is designed to avoid. -/- One feature of the paper that is worth independent attention is a discussion of Marx's rejection of justice in the Critique of the Gotha Program, which I explicate, and urge, without adopting it, that it has a great deal more force than is widely understood. (shrink)

Citizenship and marriage are legal statuses that generate numerous privileges and responsibilities. Legal doctrine and argument have analogized these statuses in passing: consider, for example, Ted Olson’s statement in the Hollingsworth v. Perry oral argument that denying the label “marriage” to gay unions “is like you were to say you can vote, you can travel, but you may not be a citizen.” However, the parallel between citizenship and marriage has rarely been investigated in depth. This paper investigates the (...) marriage-citizenship parallel with a particular focus on three questions prompted by recent developments in law and policy: -/- 1) Should we provide second-best statuses? Some couples — in particular gay and lesbian couples — have been offered permanent statuses, like civil unions, that bear legal privileges but fall short of full marriage equality. In contrast, similar differentiations within citizenship are generally resisted. The history of citizenship may presage the increasing unacceptability of differentiations within status in the gay marriage context. Meanwhile, the history of marriage equality efforts may help present-day citizenship advocates choose legal strategies. -/- 2) Should statuses be a gateway to rights? Some early gay rights advocates unsuccessfully argued that advocates should challenge the primacy of marriage, rather than seek access to the institution. Advocates attempting to expand the rights of current noncitizens face similar choices: should they seek to give current noncitizens greater access to citizenship, or challenge the reservation of important rights to citizens? -/- 3) Can status relationships be plural? Many critics of dual and multiple citizenship argued that allegiance to multiple states was immoral, unadministrable, or both. More recently, polygamous marriage has become a topic of legal and political discourse, first as a foil in anti-gay marriage arguments and later as a political possibility in its own right. I consider whether polygamous marriage advocates can profitably draw on arguments for multiple citizenship, and how multiple-citizenship advocates should responsibly respond to the analogy with polygamy. (shrink)

The concept of the person is widely assumed to be indispensable for making a rights claim. But a survey of the concept's appearance in legal discourse reveals that the concept is stretched to the breaking point. Personhood stands at the center of debates as diverse as the legal status of embryos and animals to the rights and responsibilities of corporations and nations. This Note argues that personhood is a cluster concept with distinct components: the biological concept of (...) the human being, the notion of a rational agent, and unity of consciousness. Use of these component concepts (in lieu of the concept of the person) in legal reasoning would promote greater systematicity and coherence. (shrink)

As the war in Syria and the destruction of the Calais camp in France in 2016 bitterly demonstrate, declarations of human rights and asylum devolve into empty promises without a common sense of solidarity and an implicit understanding that we share responsibility for the world and one another. Today’s refugee crisis demonstrates that many of the problems that Hannah Arendt identified during the first half of the twentieth century are still with us. National security and the state of exception increasingly (...) place refugees and migrants at the borders of international law. This article argues that Immanuel Kant’s Perpetual Peace and Arendt’s postwar reflections on the stateless as modern pariahs continue to frame current debates on hospitality, human rights, and responsibility. Without a recognition of our common humanity and shared world, sovereign states will continue to find exceptions to the legal status of refugees and migrants, thus enabling their exclusion from political life and the very laws that should protect them. Falling outside human rights law and the rights of refugees leads to the uncertainty of the pariah. (shrink)

Discrimination laws usually prohibit discrimination based on some traits, like race, caste, and sex, and not on others, like sports team allegiance. Should socioeconomic class be included among the protected traits? We examine an argument for the view that it should which leads to the conclusion that both direct and indirect socioeconomic discrimination should be prohibited by the state. The argument has three premises: (1) direct paradigmatic discrimination should be prohibited by law; (2) if direct paradigmatic discrimination should be prohibited (...) by law, then so should direct socioeconomic discrimination; and (3) where direct discrimination based on a certain trait should be prohibited by law, so should indirect discrimination on the basis of the same trait. Since we assume most readers will accept (1), the paper is largely devoted to the defense of (2) and (3). The outlawing of direct socioeconomic discrimination would involve an adjustment of the political and legal status quo, but we argue that it should nevertheless be implemented. By contrast, a prohibition on indirect socioeconomic discrimination would require a radical change to the way in which our societies are structured, because many of our laws, policies, and practices systematically (re)produce inequality to the disproportionate detriment of the poor. Our main aim, therefore, is not to defend the prohibition of indirect socioeconomic discrimination, but to show that most people’s views about discrimination are in deep tension with their attitude to current law. Resolving this tension would require for most of us to revise our beliefs either about whether indirect socioeconomic discrimination should be prohibited or about (1)–(3). One might reject the view that law should prohibit socioeconomic discrimination and still accept this claim about a deep tension in most people’s views on discrimination. (shrink)

Philosophical discussions concerning ectogestation are trending. And given that the Supreme Court of the United States overturned Roe v. Wade (1973) and Casey v. Planned Parenthood (1992), questions regarding the moral and legal status of abortion in light of the advent of ectogestation will likely continue to be of central importance in the coming years. If ectogestation can intersect with or even determine abortion policy in the future, then a new philosophical analysis of the legal status (...) of abortion is both warranted and urgently needed. I argue that, even if there is no ‘moral’ right to fetal destruction once ectogestation becomes a reality, societies ought not to implement legal prohibitions on a pregnant person’s ability to safely obtain an abortion that results in fetal death because such laws are systemically misogynistic. (shrink)

Numerous studies have found that many people believe that a provocatively dressed woman is at greater risk for sexual assault and bears some responsibility for her assault if she is attacked. Furthermore, in legal, academic, and public debates about sexual assault the appropriateness of the term ‘provocative’ as a descriptor of certain kinds of women’s clothing is rarely questioned. Thus, there is a widespread but largely unquestioned belief that it is appropriate to describe revealing or suggestive women’s clothing as (...) ‘provocative’ and that women who wear such clothing could provoke sexual assault and harassment from men. Yet it is rarely noted that only women’s clothing is described as sexually provocative. Men’s clothing, no matter how revealing, is never described as provocative. Why is this the case? This Article challenges the assumption that it is appropriate to describe women’s clothing as provocative. Drawing on on models of the legal defense of provocation and research on objectification and responsibility, this Article demonstrates that continued use of ‘provocative’ term normalizes and entrenches deeply problematic attitudes about women’s responsibility for men’s sexual behavior. The social interpretation of women’s clothing as provocative arises from the privileged social and legal status of men’s sexual arousal and the objectification of women’s bodies. Describing women’s clothing as provocative thus reinforces a problematic conception of women’s bodies and sexuality that is connected to women’s experiences of their bodies, their clothes, and shapes their vulnerability to sexual assault and social and legal attitudes to such attacks. (shrink)

In this article, I explicate Kant’s position on the wide right to abortion. That is, I explore the extent to which, according to Kant’s practical philosophy, abortion is punishable, even if it involves an unjust infringement of the right to life. By focusing on the state’s right to punish, rather than the right to life or the onset of personhood, I use Kant to expose a novel range of issues and questions about the legal status of abortion (and (...) criminal punishment more generally). The article is divided into four sections. In the first, I lay the groundwork for Kant’s theory of rights and briefly canvass some of the literature on Kantian approaches to abortion. In the second, I look at Kant’s discussion of equivocal rights. In the third, I turn to Kant’s discussions of capital punishment and suicide. In the fourth, I examine Kant on honor killings, and I use his position on infanticide in order to extrapolate and explain his ideas about the right to punish in the context of abortion. (shrink)

Workplace democracy is often advocated on two intertwined views. The first is that the authority relation of employee to firm is akin to that of subject to state, such that reasons favoring democracy in the state may likewise apply to the firm. The second is that, when democratic controls are absent in the workplace, employees are liable to objectionable forms of subordination by their bosses, who may then issue arbitrary directives on matters ranging from pay to the allocation of overtime (...) and to relocation and promotion. Daniel Jacob and Christian Neuhäuser have recently submitted these views to careful criticism. They argue that the parallel between firms and states is unwarranted. For, unlike managerial authority, state authority is final. The state grants firms their legal status and subjects their authority to its regulations, which citizens in democracies already control. And they also argue that suitable workplace regulation alongside meaningful exit options may suffice to prevent, with no need for democratization, objectionable forms of workplace subjection. Neither view offers, they resolve, compelling reasons to believe that justice requires that firms be democratic. I here inspect these criticisms in turn, and offer reasons for skepticism. (shrink)

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

This paper addresses five questions: First, what is trajectory of Western liberal ethics and politics in defining life, rights and citizenship? Second, how will neuro-remediation and other technologies change the definition of death for the brain injured and the cryonically suspended? Third, will people always have to be dead to be cryonically suspended? Fourth, how will changing technologies and definitions of identity affect the status of people revived from brain injury and cryonic suspension? I propose that Western liberal thought (...) is working towards a natural end, a “telos.” In response to a variety of biotechnologies, law and public opinion in liberal democracies will be forced to make explicit that the rights of a living thing are determined by its level of consciousness. I discuss the way that technology will force three clarifications about the value of consciousness, at the beginning, the end and boundaries of human life. Sentience and personhood will become the basis of moral concern, regardless of its media. Just as human rights have become independent of race, gender and property, rights will become independent of being a breathing human being. But even as we make this transition, the cryonically preserved are still likely to be considered dead for pragmatic reasons, albeit with gradually increasing rights as technology makes their reanimation increasingly probable. I suggest that it could be acceptable to cryonicists that the frozen continue to be defined as dead if assisted suicide can be legalized. Under a liberal assisted suicide policy cryonicists might be allowed to carry out suspension before a declaration of death, preserving the maximum amount of neural information. The gradual redefinition of life and personal identity in terms of psychological continuity will also have consequences for the legal status of the reanimated. If, due to information loss, the reanimated do not meet a threshold of psychological continuity, they may be considered new persons. Cryonicists may therefore wish to specify ahead of time whether they are still interested in being reanimated if pre-animation assessment suggests that the result will not meet the necessary threshold of continuity. Finally, I touch on the way that neural technology will fundamentally problematize the separate, autonomous self on which liberal democratic values are based, leading to a legal and political Singularity. It is this looming neural Singularity that makes the proposed liberal democratic telos a final stage in humanistic thought, before it is superceded by something radically different. (shrink)

Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is (...) mistaken. Nascent norms of international law (e.g., crystallizing norms of customary law) can be binding in much the same way as better-established doctrine. This point becomes perspicuous, I argue, once we get a clear sense of the plausible options for grounding the moral authority of international law generally. -/- This result is interesting in its own right, but it also reveals two other features of the character of state responsibility under international law. First, the distinction between legislation and compliance is less pronounced compared to domestic law. Consequently, the virtues of good governance will frequently be pertinent to determining the content of states’ obligations under international law. Second, normally more powerful and influential agents will be more strongly bound by international law than other subjects. This is an attractive result, addressing a concern that motivates many international lawyers to view international law as absolutely binding. An absolutist view international legal authority is unnecessary for showing that the most powerful and dangerous states are strongly bound by the terms of much existing law. (shrink)

As one of the most prominent figures of dystopic posthumanism Francis Fukuyama views biotechnological revolution as presumably the most dangerous challenges we are going to face in what he calls our posthuman future. In his opinion human enhancement will lead inevitably to some forms of eugenic practices, blurring the difference between humans and other live forms, posing the problem of legal status of modified individuals, etc. Hence he calls for establishment of a new regulatory instruments for controlling biotechnological (...) research and development. Those instruments, Fukuyama says, should refer to and protect his original notion of human nature. In the article I try to criticaly examine the way Fukuyama constructs this notion. (shrink)

Biological sexes (male, female, hermaphrodite) are defined by different gametic strategies for reproduction. Sexes are regions of phenotypic space which implement those gametic reproductive strategies. Individual organisms pass in and out of these regions – sexes - one or more times during their lives. Importantly, sexes are life-history stages rather than applying to organisms over their entire lifespan. This fact has been obscured by concentrating on humans, and ignoring species which regularly change sex, as well as those with non-genetic or (...) facultatively genetic sex determination systems. But the general point applies equally to humans. Assigning sexes to pre-reproductive life history stages involves ‘prospective narration’ – classifying the present in terms of its anticipated future. Assigning sexes to adult stages of non-reproductive castes or non-reproductive individuals is a complex matter whose biological meaning differs from case to case. The chromosomal and phenotypic ‘definitions’ of biological sex that are contested in philosophical discussions of sex are actually operational definitions which track gametic sex more or less effectively in some species or group of species. Neither ‘definition’ can be stated for species in general except by defining them in terms of gametic sex. The gametic definition of sex also features in widely accepted models which explain why two biological sexes – either in separate individuals or combined in hermaphroditic individuals - are almost universal in multicellular species. Finally, the fact that a species has only two biological sexes does not imply that every member of the species is either male, female or hermaphroditic, or that the sex of every individual organism is clear and determinate. The idea of biological sex is critical for understanding the diversity of life, but ill-suited to the job of determining the social or legal status of human beings as men or women. (shrink)

Legal theorists have characterized physical evidence of brain dysfunction as a double-edged sword, wherein the very quality that reduces the defendant’s responsibility for his transgression could simultaneously increase motivations to punish him by virtue of his apparently increased dangerousness. However, empirical evidence of this pattern has been elusive, perhaps owing to a heavy reliance on singular measures that fail to distinguish between plural, often competing internal motivations for punishment. The present study employed a test of the theorized double-edge pattern (...) using a novel approach designed to separate such motivations. We asked a large sample of participants (N = 330) to render criminal sentencing judgments under varying conditions of the defendant’s mental health status (Healthy, Neurobiological Disorder, Psychological Disorder) and the disorder’s treatability (Treatable, Untreatable). As predicted, neurobiological evidence simultaneously elicited shorter prison sentences (i.e., mitigating) and longer terms of involuntary hospitalization (i.e., aggravating) than equivalent psychological evidence. However, these effects were not well explained by motivations to restore treatable defendants to health or to protect society from dangerous persons but instead by deontological motivations pertaining to the defendant’s level of deservingness and possible obligation to provide medical care. This is the first study of its kind to quantitatively demonstrate the paradoxical effect of neuroscientific trial evidence and raises implications for how such evidence is presented and evaluated. (shrink)

Disclosure of true but reputation-damaging information is generally legal. But threats to disclose true but reputation-damaging information unless payment is made are generally criminal. Many scholars think that this situation is paradoxical because it seems to involve illegality mysteriously arising out of legality, a criminal act mysteriously arising out of an independently legal threat to disclose conjoined with an independently legal demand for money. -/- But this formulation is not quite right. The real paradox raised by the (...) different legal statuses of blackmail threats to disclose and disclosure itself involves a contradiction between our strong intuition that blackmail threats should be criminal and some equally strong arguments, all of which depend on the fact that disclosure is legal, that blackmail threats should be legal. So an adequate solution to the real Blackmail Paradox requires us either to drop the intuition or to refute the pro-legalization arguments. -/- This Article will adopt the latter approach. It will explain why the six main arguments for legalizing blackmail threats all fail. In the course of refuting one of these arguments, it will also offer a novel positive justification for criminalizing blackmail threats: they should be criminal for the same reason that menacing, harassment, and stalking are criminal--namely, because they involve the reasonable likelihood, and usually the intent, of putting the victim into a state of especially great fear and anxiety. -/- Of course, one might object that disclosure itself is likely to have the same effect, if not malicious purpose. Yet, again, it is still legal. But this point shows only that we as a society value freedom of speech more than we value freedom from infliction of emotional injury. It does not show that we do not value freedom from infliction of emotional injury sufficiently to protect it when competing moral or institutional interests such as freedom of speech are not at stake. (shrink)

Abstract: Many believe that, in addition to cognitive capacities, autonomous robots need something similar to affect. As in humans, affect, including specific emotions, would filter robot experience based on a set of goals, values, and interests. This narrows behavioral options and avoids combinatorial explosion or regress problems that challenge purely cognitive assessments in a continuously changing experiential field. Adding human-like affect to robots is not straightforward, however. Affect in organisms is an aspect of evolved biological systems, from the taxes of (...) single-cell organisms to the instincts, drives, feelings, moods, and emotions that focus human behavior through the mediation of hormones, pheromones, neurotransmitters, the autonomic nervous system, and key brain structures. We argue that human intelligence is intimately linked to biological affective systems and to the unique repertoire of potential behaviors, sometimes conflicting, they facilitate. Artificial affect is affect in name only and without genes and biological bodies, autonomous robots will lack the goals, interests, and value systems associated with human intelligence. We will take advantage of their general intelligence and expertise, but robots will not enter our intellectual world or apply for legal status in the community. -/- . (shrink)

Proceedings of the papers presented at the Symposium on "Revisiting Turing and his Test: Comprehensiveness, Qualia, and the Real World" at the 2012 AISB and IACAP Symposium that was held in the Turing year 2012, 2–6 July at the University of Birmingham, UK. Ten papers. - http://www.pt-ai.org/turing-test --- Daniel Devatman Hromada: From Taxonomy of Turing Test-Consistent Scenarios Towards Attribution of Legal Status to Meta-modular Artificial Autonomous Agents - Michael Zillich: My Robot is Smarter than Your Robot: On the (...) Need for a Total Turing Test for Robots - Adam Linson, Chris Dobbyn and Robin Laney: Interactive Intelligence: Behaviour-based AI, Musical HCI and the Turing Test - Javier Insa, Jose Hernandez-Orallo, Sergio España - David Dowe and M.Victoria Hernandez-Lloreda: The anYnt Project Intelligence Test (Demo) - Jose Hernandez-Orallo, Javier Insa, David Dowe and Bill Hibbard: Turing Machines and Recursive Turing Tests — Francesco Bianchini and Domenica Bruni: What Language for Turing Test in the Age of Qualia? - Paul Schweizer: Could there be a Turing Test for Qualia? - Antonio Chella and Riccardo Manzotti: Jazz and Machine Consciousness: Towards a New Turing Test - William York and Jerry Swan: Taking Turing Seriously (But Not Literally) - Hajo Greif: Laws of Form and the Force of Function: Variations on the Turing Test. (shrink)

The aim of this article is to show that refusing to legalize the status of undocumented immigrants who have been long-term residents is a serious violation of human rights. The "right to have rights" ­ a term coined by Hannah Arendt and developed by Sheila Benhabib ­ should be construed first and foremost as the right to a legal existence. We take issue with consequentialists who warn that legalizing the status of undocumented aliens will encourage further undesirable (...) immigration, for withholding legal status in order to deter illegal newcomers is neither efficacious nor just. We conclude that "selective" as opposed to "endured" immigration policies are ethically untenable. (shrink)

According to legal expressivism, neither crime nor punishment consists merely in intentionally imposing some kind of harm on another. Crime and punishment also have an expressive aspect. They are what they are in part because they enact attitudes toward others—in the case of crime, some kind of disrespect, at least, and in the case of punishment, society’s condemnation or reprobation. Punishment is justified, at least in part, because (and when) it uniquely expresses fitting condemnation or other retributive attitude. What (...) makes retributive attitudes fitting is that they protect the victim’s status as inviolable. Hate or bias crimes dramatize the expressive aspect of crime, as they are often designed to send a message to the victim’s group and society at large. Treating the enactment of contempt and denigration toward a historically underprivileged group as an aggravating factor in sentencing may be an appropriate way to counter this message, as it reaffirms and indeed realizes the fundamental equality and inviolability of all members of a democratic community. (shrink)

Many theorists have recently observed that the response to the same-sex marriage controversy most congruent with basic liberal principles is neither the retention of the institution of marriage in its present form, nor its extension so as to include same-sex unions along with heterosexual ones, but rather the ‘dis-establishment’ of marriage. Less commonly observed, however, is the fact that there are two competing models for how the state might effect a regime of disestablished marriage. On the one hand, there is (...) a ‘deflationary’ approach, on which the state ceases to confer marital status, but does remain in the status-conferring business. On this approach, the state would still bestow a certain ‘thinner’, more ‘neutral’ legal status – as it does when it creates civil unions, for instance. Call this the ‘Status Model’ of disestablished marriage. On the other hand, there is an ‘eliminativist’ approach, on which the state ceases to confer any sort of status at all – not even the thin or neutral status of ‘civilly-unioned’. There simply are no registered domestic partnerships. What there is, is contract law, and individuals entering into contracts for life-partnership – contractual arrangements which might assume any of a wide variety of forms. Call this the ‘Contract Model’ of disestablished marriage. In this paper, I explore the merits of these competing models. After briefly discussing what it means to speak of ‘disestablishing marriage’, and examining the case for disestablishment, I proceed to consider the advantages and disadvantages of each model. My tentative conclusion is that the Contract Model is the one that best instantiates cardinal liberal virtues. (shrink)