My aesthetic judgements seem to make claims on you. While some popular accounts of aesthetic normativity say that the force of these claims is third-personal, I argue that it is actually second-personal. This point may sound like a bland technicality, but it points to a novel idea about what aesthetic judgements ultimately are and what they do. It suggests, in particular, that aesthetic judgements are motions in the collective legislation of the nature of aesthetic activity. This conception is recommended (...) by its ability to explain some important but otherwise recondite features of aesthetic practice and, more importantly, by allowing us to ground the normativity of aesthetic judgement in the familiar normativity of practice. It also offers a more systematic way of understanding the rivalry between the ideals of aesthetic universality and diversity. (shrink)

Much of the debate about post-secularism has presumed a background of Western countries and the sort of statutory law that legislatures should make, and how they should make it, in the light of residents’ religious attitudes and practices. In this chapter I address a fresh context, namely, that of South Africa and the way that courts have interpreted, and should interpret, law in the face of African traditional religions. Specifically, I explicate the fact that, by South Africa's famously progressive Constitution, (...) religious customs already count as law, and I illustrate how such customary law could work with three court cases related to indigenous African spirituality. Then, I lay out and evaluate the two central arguments that jurists have made in favour of South Africa's Constitutional practice of deeming long-standing religious ways of life to be sources of law. I contend that these influential arguments for customary law, which are substantially individualist, are weak, and also sketch more promising rationales, which invoke more communitarian considerations. My aim is not so much to convince the reader that South Africa’s approach to post-secularism is justified as to identify some argumentative strategies that particularly promise to justify it. (shrink)

Marcus Willaschek and I have argued against the widespread assumption that Kant claims the Moral Law—the supreme principle of morality—is (or must be regarded as) ‘self-legislated’. We argue that Kant instead describes the Moral Law as an _a priori_ principle of the will. We also argue that his conception of autonomy concerns not the Moral Law but substantive moral laws such as the law that requires promoting the happiness of others. In the present essay, I respond to the commentary by (...) Alyssa Bernstein and Christoph Hanisch. In response to Bernstein, I clarify the relation between our interpretation of Kant and those proposed by John Rawls and Allen Wood. In response to Hanisch, I argue, among other things, that Kant’s defense of the thesis that the Moral Law is an a priori principle of pure practical reason does not mean that practical reasoning and reasons-based action are impossible without it. It means rather that _morally good_ and _morally evil_ reasons-based action are impossible without it. (shrink)

This essay considers the nature of duties incumbent on legislators in virtue of the office itself. I argue that there is no duty for a legislator to enact a criminal law based on morality; there is no duty to incorporate substantive moral conditions into the criminal law; and there is therefore no duty derivable from the nature of the legislative office itself to make conditions of culpability depend on those of moral responsibility. Finally, I argue that the relation between morality (...) and the criminal law is therefore much less direct than assumed in most theories of the criminal law. (shrink)

In this paper, I attempt to address a fundamental challenge for machine intelligence: to understand whether and how a machine’s internal states and external outputs can exhibit original non-derivative intentionality. This question has three aspects. First, what does it take for a machine to exhibit original de dicto intentionality? Second, what does it take to exhibit original de re intentionality? Third, what is required for the machine to defer to the external objective world by respecting the word-to-world direction of fit? (...) I attempt to answer the first challenge by providing a constitutive counts-as understanding of de dicto intentionality. This analysis involves repurposing Kant’s vision of a self-legislating agent as a specification of a machine that reprograms itself. I attempt to answer the second and third challenges by extending Kant’s synchronic model of de dicto intentionality with Brandom’s interpretation of Hegel’s diachronic model of de re intentionality, using Hegel’s notion of recollection to provide an understanding of what is involved in achieving deference to the external world. (shrink)

In industrial societies where civil law and state institutions have become well established secular vehicles for governing the populace, it is widely assumed that the state no longer has an interest in fortifying the religious sector as a complementary source of social control. Thus, a distinction is drawn between the Islamic state that is ruled by religious law and the secular state of Western industrial societies in which religion is deemed to have lost its influence in the public sphere. This (...) dissertation argues that civil law is not religiously neutral and thus challenges a central premise of secularization theory. Introducing a new theoretical model that classifies civil law on the basis of its purpose-to protect religious liberty, engage or fortify the religious sector, or to advance universal norms-the author examines the impact of the three different types of legislation upon religious freedom and the individual autonomy of religious minorities in Sweden, an aggressively secularized industrial society. The author concludes that, viewed from the standpoint of a religious nonconformist, there is no discernible difference between living in a society that is overtly ruled by religious law (e.g., an Islamic state) and living in a "secular” society that is ruled by civil law either embedded with religious norms or designed to facilitate state appropriation of the religious sector as a complementary means of social control. In either environment, the author argues, the religious nonconformist will be forced to conform to the religious norms of the predominant religious group. (shrink)

Legislative technique encompasses a system of methods and means associated with the preparation of draft legal acts in the most perfect form in terms of structure and form. In the legislative technique, not only national, but also the established legal practice of foreign countries for hundreds of years is widely used. The special legal means of legislative technique include the following: 1) legal language; 2) legal structures; 3) the procedure for registering a legislative act, the process of lawmaking; 4) systematization (...) of legislation. The legislative process provides for the existence of separate stages leading to the emergence of a new legislative act. And the problem of systematization of legislation and its main components is described in a separate way. (shrink)

Most published discussions in contemporary metaethics include some textual exegesis of the relevant contemporary authors, but little or none of the historical authors who provide the underpinnings of their general approach. The latter is usually relegated to the historical, or dismissed as expository. Sometimes this can be a useful division of labor. But it can also lead to grave confusion about the views under discussion, and even about whose views are, in fact, under discussion. Elijah Millgram’s article, “Does the Categorical (...) Imperative Give Rise to a Contradiction in the Will?” is a case in point. In it, he takes the New Kantians to task for various flaws in their interpretation of Kant’s moral theory, to be detailed shortly. He concludes with a question and a suggestion. In order to properly dissect the first, “universal law” formulation of the Categorical Imperative, he argues, we first need to understand “why an agent wills the universalization of his maxim” (549). He also suggests that in order to answer this question, we must recur to what Kant himself actually says (550). His question is a good one, and his advice on how to go about answering it is sound. But to take Millgram’s advice is to call this division of labor into question, at least for this case. For it demands close and sustained exegesis, not only of his argument against the New Kantians, but also – in order to assess whether and where they go wrong – of Kant’s text itself. (shrink)

On 21 April 2021, the European Commission published the proposal of the new EU Artificial Intelligence Act (AIA) — one of the most influential steps taken so far to regulate AI internationally. This article highlights some foundational aspects of the Act and analyses the philosophy behind its proposal.

"Australian legislation and military doctrine stipulate that soldiers ‘subjugate their will’ to" "government, and fight in any war the government declares. Neither legislation nor doctrine enables the conscience of soldiers. Together, provisions of legislation and doctrine seem to take soldiers for granted. And, rather than strengthening the military instrument, the convention of legislation and doctrine seems to weaken the democratic foundations upon which the military may be shaped as a force for justice. Denied liberty of their (...) conscience, soldiers are denied the foundational right of democratic citizenship and construed as utensils of the State. This article critiques the idea of moral agency in Australian legislation and military doctrine and is concerned with the obligation of the State to safeguard the moral integrity of individual soldiers, so soldiers might serve with a fully formed moral assurance to advance justice in the world. Beyond its explicit focus on the convention of Australian thought, this article raises questions of far-reaching relevance. The provisos of Australian legislation and doctrine are an analogue of western thinking. Thus, this discussion challenges many assumptions concerning military duty and effectiveness. Discussion will additionally provoke some reassessment of the expectations democratic societies" "hold of their soldiers.". (shrink)

Confucian thinkers have traditionally stressed the importance of li 禮, or “ritual” as it is commonly translated, and believed that ancient sages had established an ideal set of rituals for people to follow. Now, most scholars of Confucianism understand li as distinct from law, and hence do not typically discuss Confucian sages as great lawgivers. Nevertheless, I suggest that there is something valuable to be learned from considering the similarities and dissimilarities between great lawgivers and the sages. In particular, this (...) essay reviews some of the challenges for, and virtues of, great legislators, and compares and contrasts these with the challenges for, and virtues of, master inventors of ritual, with the aim of showing how such observations might deepen our understanding of the conception of sages in the Confucian tradition, while perhaps also bringing out certain insights about good lawgivers. I end by using these reflections to point to some challenges for developing rituals to fit our modern context. (shrink)

BAIL JURISPRUDENCE in India (as in other common law countries) has evolved laying emphasis on the right to liberty of the accused as opposed to the requirement of the State to keep him/her under custody...The mechanism for cancellation of bail is provided in law in order to ensure that justice will be done to the society by preventing the accused who had been set at liberty by the bail order from tampering with the evidence in a heinous crime. At the (...) same time, cancellation of bail takes away the liberty granted by the Constitution and affirmed by an order of the Court, which granted bail. Taking note of the fact that cancellation of bail necessarily involves the review of a decision already made, it has been emphasized that the same should always be exercised very sparingly by the court of law. (shrink)

This article seeks to contribute to the debate on how political representation can promote democracy by analysing the Chamber in the Square, which is a component of legislative theatre. A set of techniques devised to democratise representative governments, legislative theatre was created by Augusto Boal when he was elected a political representative in 1993. After briefly reviewing Nadia Urbinati’s understanding of democratic representation as a diarchy of will and judgement, I partially endorse Hélène Landemore’s criticism and contend that if representation (...) is to be democratic, citizens’ exchange of opinions in the public sphere should be invested with the power not only to judge, but also to decide political affairs. By opening up a space where the represented can judge, decide, and contest the general terms of the bills representatives present in the assembly, the Chamber in the Square harnesses political representation to democracy. (shrink)

As Alexander D’Entrees observed over forty years ago, the case for natural law “is not an easy one to put clearly and convincingly.” Furthermore, even if one can make the case for natural law in a clear and convincing manner, one should not expect such an argument to be clear and convincing for all time. Instead, the case for natural law must be an ongoing argument, addressing itself perpetually to the needs of the time as these needs shift and change. (...) In short, the case for natural law “must needs appear in a different light according to the angle in time or in place from which it is looked at.” With this precept in mind, I seek to examine Thomas Aquinas’s natural law teaching on the legislation of virtue in light of concerns that are especially acute from the perspective of contemporary liberalism. (shrink)

The art of legislation, that had got lost, is reborn in this book from the classic tradition, which conceives the laws like wise and eloquent civic speeches, and the rhetoric as its basic method, of a such way, that the return to the ancient will be a true progress.

Wittgenstein taught us that there could not be a logically private language— a language on the proper speaking of which it was logically impossible for there to be more than one expert. For then there would be no difference between this person thinking she was using the language correctly and her actually using it correctly. The distinction requires the logical possibility of someone other than her being expert enough to criticize or corroborate her usage, someone able to constitute or hold (...) her to a standard of proper use. I shall explore the possibility of something opposite- sounding about laws, namely, that there could in principle be laws whose existence, legitimacy, goodness, and efficacy depend upon their being private, in this sense: their existence is kept secret from those who legitimately benefit from the laws and yet who would misguidedly destroy them were they to come to know of them; and it is kept secret from those who would illegitimately benefit from being able to circumvent the laws, and who could circumvent them if they knew of them. The secrecy of the laws increases their efficacy against bad behavior, and since were the public to come to know of these laws the public would lose its nerve and demand that the laws be rescinded, it prevents the public from destroying laws that are in fact in the public interest. These laws are therefore in a way logically private: they cannot at the same time exist, have the foregoing virtues, and be public. After proposing conditions under which such laws ought to be enacted, I moot logical objections to the very idea that there could be such laws, practical objections to their workability, and moral objections to their permissibility. I conclude by suggesting that, while we normally think of secret laws as creatures of the executive branch, things functionally equivalent to secret laws could also be created by other branches of government and societal institutions, and that all of this would be compatible with the form of sovereignty that is democratically grounded in the will and interests of the people. (shrink)

Within Kantian ethics and Kant scholarship, it is widely assumed that autonomy consists in the self-legislation of the principle of morality. In this paper, we challenge this view on both textual and philosophical grounds. We argue that Kant never unequivocally claims that the Moral Law is self-legislated and that he is not philosophically committed to this claim by his overall conception of morality. Instead, the idea of autonomy concerns only substantive moral laws, such as the law that one ought (...) not to lie. We argue that autonomy, thus understood, does not have the paradoxical features widely associated with it. Rather, our account highlights a theoretical option that has been neglected in the current debate on whether Kant is best interpreted as a realist or a constructivist, namely that the Moral Law is an a priori principle of pure practical reason that neither requires nor admits of being grounded in anything else. (shrink)

History plays an important part internally to the Kantian architectonic. In what follows, I argue that Kant’s conception of history as a unified whole presents distinctive features that are illuminating about the critical and moral commitments of his philosophy, and also conversely, that his conception of philosophy makes specific demands that his philosophical history aims to fulfill. The argument is structured around four questions, each of which I take in turn: Why does Kant believe it important that history be seen (...) as forming a whole? How does he argue for the unity of the whole? What are the specific claims he makes about history? And why should anyone care for philosophical history? (shrink)

'Autonomy' is originally a political notion. In this chapter, I argue that the political theory Kant defended while he was writing the _Groundwork_ sheds light on the difficulties that are commonly associated with his account of moral autonomy. I argue that Kant's account of the two-tiered structure of political legislation, in his _Feyerabend Lectures on Natural Law_, parallels his distinction between two levels of moral legislation, and that this helps to explain why Kant could regard the notion of (...) 'autonomy' as apt to express the principle of morality---at least in the mid 1780s. (shrink)

This contribution pays special attention to the Italian legal framework concerning the collaborative and sharing economy, with a focus on those economic initiatives which are platform mediated. This choice is due to the importance of the concept of “platform” in the definitions of the CSE provided at both the Italian and the European levels. As highlighted in some studies, most actors of the CSE can be considered not only economic disruptors but also policy disruptors. Thus, the chapter tries to shed (...) light on the difficulties Italian regulators had while dealing with the emergence of these actors, especially in sectors such as food, accommodation, delivery, and transport. Italian policymakers were not able to design new regulatory frameworks to cope with the challenges of CSE, privileging bans or almost total deregulation over the elaboration of innovative rules. Regarding the issue of digital labour, the Italian legislator adopted a partial solution, creating a framework that dualizes the labour market, maybe with the aim of satisfying both digital workers and platforms. Overall, it seems that the Italian ecosystem of the CSE is bound to evolve, especially after the appearance of the health crisis related to the COVID-19. (shrink)

Radical constructivists appeal to self-legislation in arguing that rational agents are the ultimate sources of normative authority over themselves. I chart the roots of radical constructivism and argue that its two leading Kantian proponents are unable to defend an account of self-legislation as the fundamental source of practical normativity without this legislation collapsing into a fatal arbitrariness. Christine Korsgaard cannot adequately justify the critical resources which agents use to navigate their practical identities. This leaves her account riven (...) between rigorism and voluntarism, such that it will not escape a paradox that arises when self-legislation is unable to appeal to external normative standards. Onora O'Neill anchors self-legislation more firmly to the self-disciplining structures of reason itself. However, she ultimately fails to defend sufficiently unconditional practical norms which could guide legislation. These endemic problems with radical constructivist models of self-legislation prompt a reconstruction of a neglected realist self-legislative tradition which is exemplified by Christian Wolff. In outlining a rationalist and realist account of self-legislation, I argue that it can also make sense of our ability to overcome anomie and deference in practical action. Thus, I claim that we need not make laws but can make them our own. (shrink)

Alongwith the major organ of the doctrinal operations, the Permanent Resolution Act, this research presented a situation review article on the Doctrine of the Chittagong Peace Process in Bangladesh with few global strikeable issues. Unarmed surviving Parbatya Chittagong nation of Buddhists population in Bangladesh has not yet been able to form their government since 1997 to 2023, so it has been assumed that Prime Minister Sheikh Hasina & Awami League Government of Bangladesh (ALGOB) cheated to weaponless freedom fighters Buddhists people (...) by taking their weapons through the Chittagong Hill Tracts Peace Accord 1997 that was signed between Bangladesh and Chittagong HillTracts in order to a Commonwealth of Independence of Autonomy Government, Formation of Legislative Assembly House and Parliament Building Construction, which is also the last official initiative of the Parbatya Peace Process in the Chinese Belt and Road. Following the theater of war between the US-led NATO—Ukraine alliance and the Russian Federation, the 3rd World War situations intended to expand between Bangladesh and Myanmar. This doctrinal paper has been presented through codification of situations of the post-seizure war-fighting battles surviving cold and silent conflicts in Parbatya, Chittagong Hill Tracts, in order to deliver the seized nation onto a free pathway. (shrink)

Minimum wages are usually assumed to be inefficient as they prevent the full exploitation of mutual gains from trade. Yet advocates of wage regulation policies have repeatedly claimed that this loss in market efficiency can be justified by the pursuit of ethical goals. Policy makers, it is argued, should not focus on efficiency alone. Rather, they should try to find an adequate balance between efficiency and equity targets. This idea is based on a two-worlds-paradigm that sees ethics and economics as (...) two inherently conflicting ways of thinking. We, however, believe that this view of the relationship between ethics and economics is fundamentally flawed and blurs our understanding of how an ethically responsible regulation of the labour market should be conducted. In drawing on an economic-ethical approach that resolves the antinomy between efficiency and equity, we show that ethics and economics are, in fact, two sides of the same coin and that minimum wage legislation can only be ethically responsible, if it is at the same time economically efficient. In other words, we can have our cake and eat it too. On the basis of our approach, we develop two simple game theoretical models for different types of labour markets and derive policy implications from an economic-ethical viewpoint. We suggest that under the assumption of perfectly competitive labour markets a tax-funded wage subsidy is preferable over minimum wages, as it makes everyone better off. If, however, employers have monopsony power in the wage setting process, the minimum wage is justifiable under certain conditions. (shrink)

This study constitutes an ethical analysis through the lens of distributive justice in the case of the Troubled Asset Relief Program (TARP), which was enacted in the midst of the Great Recession of 2007–2009. It begins by engaging with the visions of justice constructed by John Rawls and Robert Nozick, using their insights to locate the injustices of TARP according to their moral imaginations. However, this study argues that Rawls’ and Nozick’s theories of justice primarily envision the nature of law (...) as being restrictive of vice, not as instructors of virtue. Thus, it resources the legal philosophy of St. Thomas Aquinas to demonstrate how the positive pedagogy of law can enable a more just construction of economic rescue legislation, one that not only prevents future repetitions of economic vices and injustice, but is also formative for a society that prizes economic justice and virtues. In doing so, the study proposes two criteria for a more just consideration of economic rescue legislation that embraces law’s positive pedagogy. (shrink)

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 article seeks to identify and analyse the most significant changes regarding parental leave provision in post-communist Romania, as well as the extent to which its legal adjustments that took place after 1990 reveal both old trends inherited from the former political regime as well as new tendencies influenced by EU norms and directives. Consequently, this article has a twofold structure. First, a brief overview of the main concepts and theoretical approaches to parental leave will allow us to proceed to (...) a proper understanding of the epistemological tools underpinning this research object. Second, this article tackles the numerous legislative changes concerning parental leave that occurred after the fall of the communist regime. Although limited to a single category of research sources, this inquiry is indispensable for analysing the extent to which childcare and the gendered division of parental responsibilities have become real political struggles within the post-communist public agenda in Romania. (shrink)

Value claims about ecological entities, their functionality, and properties take center stage in so-called “ecological” ethical and aesthetic theories. For example, the claim that the biodiversity in an old-growth forest imbues it with “value in and for itself” is an explicit value claim about an ecological property. And the claim that one can study “the aesthetics of nature, including natural objects...such as ecosystems” presupposes that natural instances of a type of ecological entity exist and can be regarded as more or (...) less aesthetically valuable. My discussion below will bear wide implications for how claims like... (shrink)

In an ever-changing world, when we search for answers on our present challenges, it can be tricky to extrapolate past realities when concerning science-based issues. Climate change, public health or artificial intelligence embody issues on how scientific evidence is often challenged, as false beliefs could drive the design of public policies and legislation. Therefore , how can we foresee if science can tip the scales of political legislation? In this article, we outline how models of historical cases can (...) be used to predict and understand how scientific evidence can influence the emergence (or fall-back) of science based-legislation. We also present frameworks on how to use past episodes of History of Science and Alternative History insights to build epistemic models, based on previous successful approaches on the spread of scientific misinformation. These models will help the accuracy of the design of eventual alternative realities, that can come insightful on present decision making methodologies. (shrink)

It cannot be overstated that in recent times the gravity and complexity of irregular maritime migration have triggered concerns and debates in the academic domains of International Relations and International Law. The article examines how states’ compliance with, and enforcement of, international law and legal norms would tackle the challenges of irregular migration in the Indian Ocean region. The legislative and policy challenges regarding irregular migration can be analyzed under two segments. First, there is a lack of comprehensive discussion about (...) the sending and the receiving states’ commitments (regarding irregular migrants) to international law and legal norms. Secondly, deficit of comparative analysis to show how the littoral states comply with international law norms on migration and refugee influx. Such analysis from multiple perspectives would be helpful to get insights and make policy recommendations about how effectively international law norms could be enforced through national legislation and policy framework. (shrink)

One of the primary concerns in animal research is ensuring the welfare of laboratory animals. Modern views on animal welfare emphasize the role of animal sentience, i.e. the capacity to experience subjective states such as pleasure or suffering, as a central component of welfare. The increasing official recognition of animal sentience has had large effects on laboratory animal research. The Cambridge Declaration on Consciousness (Low et al., University of Cambridge, 2012) marked an official scientific recognition of the presence of sentience (...) in mammals, birds, and cephalopods. Animal sentience has furthermore been recognized in legislation in the European Union, UK, New Zealand and parts of Australia, with discussions underway in other parts of the world to follow suit. In this paper, we analyze this shift towards recognition of sentience in the regulation and practice in the treatment of laboratory animals and its effects on animal welfare and use. (shrink)

The nature of legislative intent remains a subject of vigorous debate. Its many participants perceive the intent in different ways. In this paper, I identify the reason for such diverse perceptions: three intentions are involved in lawmaking, not one. The three intentions correspond to the three aspects of a speech act: locutionary, illocutionary and perlocutionary. The dominant approach in legal theory holds that legislative intent is a semantic (locutionary) one. A closer examination shows that it is, in fact, an illocutionary (...) one. In the paper, I draw the consequences for legal interpretation of this more theorized model of legislative intent. (shrink)

The article analyzes the legislative issues on equal marriage in P. R. China. It adopts a path dependency analysis on the liberal institutional order’s effects to the regime’s structural discrimination on the lesbian, gay, bisexual, and transgender (LGBT) population. The research adopted a duo-lingual paradigm on Christianity with intercultural and transnational interpretations, and the research found the mis-adaption of language in the Chinese text of the United Nations charter is the key source to the suppression of the LGBT population in (...) mainland China. Furthermore, theological development for sexually diverse interpretations of the Bible is essential to mitigate the stigmatization of the LGBT population on a comparative constitutional review. (shrink)

In two recent articles I have argued that Kant’s legal and political philosophy can shed new light on his much-contested account of moral autonomy and that important changes in his political theory help to explain why in his later work the Formula of Autonomy disappears. In the present essay, I respond to comments by Sorin Baiasu and Marie Newhouse, who argue that the changes in Kant’s political theory fail to explain the disappearance of the Formula of Autonomy, since in both (...) phases Kant held that laws are given by the people’s representatives. I offer additional support for my original argument by developing a more detailed account of Kant’s conception of the relation between the legislating representatives and the people they are taken to represent. I argue that Kant’s conception of the proper representation relation changed, and that it changed so fundamentally that the analogy at the basis of the Formula of Autonomy was no longer apt, thus providing a plausible explanation for its disappearance. I also address several related comments and propose an explanation for why Kant dropped the very idea of autonomy as a property of the will. (shrink)

According to the prevailing opinion, the classical formulation of the principle of the sovereignty of the people is found in Rousseau. Against that view, this article argues that Marsilius of Padua and Locke should be regarded as earlier pioneers and important forerunners of this principle. To demonstrate this thesis, the paper examines Marsilius’s conception of the “human legislator” and Locke’s ideas on legislation, representation, and on the limitation of the legislative power. Though Locke excludes the majority of the people (...) from the right to be represented in the legislative power, his concept of this “supreme power” is progressive compared to the conceptions of “sovereignty” found in Bodin and Hobbes. Even for Rousseau, women are still excluded from the sovereignty of the people. This is a strong argument to include Locke and Marsilius in the history of the idea of the sovereignty of the people. (shrink)

In this paper, I wish to defend Aristotle’s naturalness thesis. First, I argue against the claim that the city fails to meet the criteria (e.g. separability, continuity, etc.) Aristotle sets for substantiality in the Metaphysics. Second, I examine the problem of the Principle of Transitivity of End in Aristotle’s telic argument for the naturalness of the city. I argue that the city exists for its own end. Finally, I discuss the problem of the legislator in the genesis of the city. (...) I argue that the legislator is only responsible for the actualization of the potential form that Nature has set forward. (shrink)

In recent years, multifetal pregnancy reduction (MFPR) has increasingly been the subject of debate in Norway, and the intensity reached a tentative maximum when Legislation Department delivered the interpretative statement § 2 - Interpretation of the Abortion Act in 2016 in response to the Ministry of Health (2014) requesting the Legislation Department to consider whether the Law on abortion allows for MFPR of healthy fetuses in multiple pregnancies. The Legislation Department concluded that current abortion laws allow MFPR (...) within the framework the law otherwise stipulates. The debate has not subsided, and during autumn 2018, it was further intensified in connection with the Christian Democrat "crossroads" and signals from the Conservatives to consider removing §2.3c and to forbid MFPR. -/- Many of the arguments in the MFPR debate appear seemingly similar to arguments pending in the general abortion debate, and an analysis of what sets MFPR apart from other abortions is wanting. The aim of this article is, therefore, to examine whether there is a moral distinction between abortion and MFPR of healthy fetuses. We will cover the typical arguments of the Norwegian debate, and highlight them with scholarly articles from the literature. The most important arguments against MFPR that we have identified we have dubbed the harm argument, slippery-slope argument, intent argument, grief argument, psychological long-term effects for the woman and sorting argument. We conclude that counter-arguments do not measure up in terms of detecting a morally relevant difference between MFPR of healthy fetuses and abortions. Our conclusion is therefore that—despite what several debaters seem to think—there is no morally relevant difference between the two. Therefore, when we allow abortion, we should also allow MFPR. (shrink)

Noncompete agreements are among the most commonly used methods to restrict employment. Upwards of 38% of American workers, many of which are low-wage workers, have signed noncompete agreements. These agreements effectively hold those workers hostage to their current employer. This project analyzes the use of noncompete clauses in employment contracts with low-wage workers. We show that noncompetes with low-wage workers are not enforceable in the U.S.; employers nevertheless continue to include noncompete clauses in employment contracts with low-wage workers. We survey (...) states’ attempts to regulate the use of (even unenforceable) noncompetes and argue that current legislation is ineffective at preventing employers from including noncompetes in low-wage worker contracts. We argue that employers’ use of (even unenforceable) noncompete agreements with low-wage workers is wrongfully exploitative of those workers, and we provide suggestions for how states can effectively regulate the use of noncompetes, and thus protect low-wage workers from exploitation, using Virginia’s recently passed noncompete bill as a model. (shrink)

This essay, based on data referring to Brazil and Spain, addresses aspects relevant to the scenario of organ donation and transplantation, such as the relationship between supply and demand, current legislation, costs, and possible improvements to increase donation rates and performance in the transplantation process as a whole. The objective is to present current empirical data that increase the relevant empirical knowledge for the bioethical evaluation in an organized way. The two countries stand out when it comes to transplants, (...) Brazil, because it has the largest public system of organ transplants in the world; Spain, for decades the highest rate of effective donor per million inhabitants. Our initial data analyses suggest the need to deal more explicitly with the interests of those affected and with the public opinion, within a systemic articulation between legislation, evidence-based public policies, and research. (shrink)

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 (...) is a question whether law can long do without it? In principle, the legislator is free in deciding on what legal consequence he attaches to what course of conduct14 and it is also desirable that legal concepts be freed from moral overtones. Nevertheless, the legal complex cannot be torn out of its social context, nor can it steadily conflict with other complexes (religions, moral, or political values, norms and ideologies) law is to develop in living interrelationship with. Otherwise, it is subject to danger that (I) law-observance in average cases is weakened; (2) the reified functioning of and approach to law are strengthened and make law alienated; and (3) it blurs the social objectives the law intends to serve and, especially in hard cases, makes its application rootless and floating. A pathological situation only becomes more pathological, if the pathology of contents is accompanied by the pathology of means. Or, it brings the promise of real solution closer, if the adequateness of means also provides, by the strength of publicity, for the direct mobilization of society. That explains why it is a topical question what I have proposed to term the inner morality of law. [For the text, see my L&Ph, 77–89] . (shrink)

Background: Biomedical research nowadays is increasingly carried out in multinational and multicenter settings. Due to disparate national regulations on various ethical aspects, such as informed consent, there is the risk of ethical compromises when involving human subjects in research. Although the Declaration of Helsinki is the point of reference for ethical conduct of research on humans, national normative requirements may diverge from its provisions. The aim of this research is to examine requirements on informed consent in biomedical research in Germany, (...) Poland, and Russia to determine how each national regulatory framework relates to the provisions of the Declaration of Helsinki. Methods: For this analysis, we conducted a search of the legal databases “Gesetze im Internet” for Germany, “Internetowy System Aktow Prawnych” for Poland, and “ГAPAHT – Garant” for Russia. The search was complemented by a review of secondary literature contained in the databases Google Scholar, PubMed, Polish National Library, and eLibrary ru. We have identified 21 normative regulations containing provisions on informed consent in clinical research in all three countries. The content of these documents was systematically categorized and analyzed. Results: The normative framework in all three countries shows a strong commitment towards the core ethical principles of research envisaged in the Declaration of Helsinki. Nevertheless, provisions on informed consent vary between these three countries. The differences range from the method and language in which information should be provided, through the amount of information required to be disclosed, to the form of documenting consent or withdrawal. In the case of research on vulnerable groups, these differences are particularly visible. Conclusions: The identified differences can negatively impact the ethical conduct of international clinical studies. Attention needs to be paid that flexibilities within national regulations are not misused to undermine the protection of research subjects. Achieving global or regional legislative harmonization might prove impossible. Such lack of legal consensus reinforces the significance of the international ethical agreements. (shrink)

İksîrü’s-seâdât fî esrâri’l-İbâdât was written by Burhaneddin Ahmed es-Sivasî who is one of the most important figures of Turkish Islamic history and a scholar, sufi, poet, judge and ruler on the year h.798/m.1396 in Sivas. In this book, mysteries of the worship are explained after three complementary introductory chapters regarding the conception of being. The author first deals with the being, its nature and its reason in order to clarify the mysteries of the worship in human mind with a meaningful (...) framework. Then he explains the mysteries of worship by means of verses from the Quran and hadiths. Kadı Burhaneddin interprets the real meanings of worship for human being with the concept of poise. He thinks that worship is the most important means that secure human being against deviations from poise. Putting forward why the religious orders are imposed is a scholarly activity and this activity is broad enough as comprising all religious decrees. Wisdoms, beauties, benefits and utilities within religious orders are known through this activity. This book which is the basic reference of our paper can be included within the scope of the science of hikmetü’t-teşrî (reason of legislation) that explains the causes behind the orders and prohibitions of the religion. Some explanations put forward here should be evaluated having regard to theories of appearance and manifestation. (shrink)

The philosopher and historian of Italian philosophy, Eugenio Garin, and Jacob Leib Teicher, the Polish Jewish student of Arabic and Jewish philosophy, met as students at the University of Florence, Italy, in the 1920s. They developed a life-long friendship based on their shared scholarly interests, and Garin credited Teicher with introducing him to medieval Arabic and Jewish philosophy. Teicher was forced to leave Florence as a result of the Italian racial legislation in 1938, settling in the UK where from (...) 1946 he taught post-biblical Hebrew at the University of Cambridge. A selection of the correspondence between the two friends and also Garin’s wife, Maria, is presented here focusing particularly on the decade covering Teicher’s arrival as a refugee scholar in the UK. (shrink)

In this paper I argue that, according to Plato’s Statesman, true statesmen directly control, administer, or govern none of the affairs of the city. Rather, administration and governance belong entirely to the citizens. Instead of governing the city, the task of the statesman is to facilitate the citizens’ successful self-governance or self-rule. And true statesmen do this through legislation, by means of which they inculcate in the citizens true opinions about the just, the good, the fine, and the opposites (...) of these. (shrink)

The art of legislation, that had got lost, is reborn in this book from the classic tradition, which conceives the laws like wise and eloquent civic speeches, and the rhetoric as its basic method, of a such way, that the return to the ancient will be a true progress.

From a European perspective the US debate about gun control is puzzling because we have no such debate: It seems obvious to us that dangerous weapons need tight control and that ‘guns’ fall under that category. I suggest that this difference occurs due to different habits that generate different attitudes and support this explanation with an analogy to the habits about knives. I conclude that it is plausible that individual knife-people or gun-people do not want tight regulatory legislation—but tight (...) knife and gun legislation is morally obligatory anyway. We need to give up our habits for the greater good. (shrink)

Recent years have illustrated how the reproductive realm is continuously drawing the attention of medical and legal experts worldwide. The availability of technological services to facilitate reproduction has led to serious concerns over the right to reproduce, which no longer is determined as a private/personal matter. The growing technological options do implicate fundamental questions about human dignity and social welfare. There has been an increased demand for determining (a) the rights of prisoners, unmarried and homosexuals to such services, (b) concerns (...) over child’s information and health needs, (c) claims for wrongful birth and wrongful life, (d) the role of donors and physicians, (e) posthumous reproduction etc. In addition, the role of national and international law has been emphasized for an efficient system of functioning and delivery. This paper is an attempt to explore the pressing claims to reproductive choices, coupled with a marked increase in demand for legislative intervention in India. (shrink)

The modern form of government resort their legitimacy to democracy and Republican concept. In any viable way, the political power no longer entertains the dynasty or any divinity from the religion. Then who are responsible to make us fateful if we are any kind of citizen in a polity. Often it is true that the government has to be an amalgam of power elites, and divided for a limited government. The modern democratic constitutionalism considered this aspect any most in primacy (...) to defend or promote their privileges or vision. This root context of civil interaction around 17th and 18th centuries has underlain the modern form of democratic state. Within the concern of these two points, the paper has explored the main feature of limited government in the liberal constitutionalism, which deals with the separation of powers principle, distribution of governmental powers and some of controversies involving the social legislation and role of public officers. I hope that it could be a lesson for the public officer of both camps, one as realistically and the other in the context of analogical insights. Hopefully, I may expect that the following research may be bred in socialist tension of states about how the public officers are structured to act and could liberate themselves to progress. (shrink)

Note: This draft was updated on November 10, 2020. Discussing federal statutes, Justice Scalia tells us that “[t]he stark reality is that the only thing that one can say for sure was agreed to by both houses and the president (on signing the bill) is the text of the statute. The rest is legal fiction." How should we take this claim? If we take "text" to mean the printed text, that text without more is just a series of marks. If (...) instead we take "text" (as we must) to refer to something off the page such as the "meaning" of the series of marks at issue, what is that meaning and how do we know that all the legislators "agreed" on that "meaning"? In seeking answers here, we necessarily delve into semiotics (i.e., the “general theory of signs”) by noting that meaningful ink marks ("signifiers) signify a meaning beyond themselves (the "signified.") Thus, understanding how signs function is integral to lawyers' textual and linguistic analysis. Additionally, as this article demonstrates, legal analysis and rhetoric are much impoverished if lawyers ignore nonverbal signs such as icons, indices, and nonverbal symbols. In providing a broad overview of semiotics for lawyers, this article thus (1) begins with a general definition of signs and the related notion of intentionality. It then turns to, among other things, (2) the structure and concomitants of signs in more detail (including the signifier and the signified), (3) the possible correlations of the signifier and the signified that generate signs of interest to lawyers such as the index, the icon, and the symbol; (5) the expansion of legal rhetoric through use of the index, the icon, and the non-verbal as well as the verbal symbol, (6) the nature of various semiotic acts in public and private law (including assertives, commissives, directives, and verdictives); (7) the interpretation and construction of semiotic acts (including contracts as commissives and legislation as directives); (8) the role of speaker or reader meaning in the interpretation and construction of semiotic acts; (9) the semiotics of meaning, time, and the fixation of meaning debate; (10) the impact of signifier drift; (11) the distinction between sense and understanding; and (12) some brief reflections on semiotics and the First Amendment. This article also provides an Appendix of further terms and concepts useful to lawyers in their explorations of semiotics. (shrink)