Stephen Schulhofer's book, Unwanted Sex: The Culture of Intimidation and the Failure of Law, provides a carefully constructed and powerful case for rape-law reform. His effort is distinctive in three ways: (1) it takes the basic question of reform to be the moral one of determining which sexual interactions ought to be the subject of the criminal law, (2) it takes the right of sexual autonomy to serve as the basis for any successful legal reform, and (...) (3) it makes a philosophically sophisticated case for his own reform proposal. Schulhofer's efforts should be of great interest to philosophers, especially feminist legal philosophers, interested in questions that bear direct relevance to the relationships between autonomy, coercion, and consent as constrained by the requirements of due process. His careful and scrupulously fair discussion of influential reform recommendations set the stage for his own position (discussed in section VII), a critical evaluation thereof (sections VII and VIII), and sympathetic recommendations in VIII and IX. Of special value here is Schulhofer's attempt to extend his analysis of coerced consent to include certain "offers" made in contexts (e.g., the workplace) characterized by significant power differentials between persons. Section IX offers suggestions, generally friendly to Schulhofer's overall reform proposals, for identifying wrongful sexual interactions occurring in certain institutional or professional contexts. (shrink)

Argument about changes in the law of rape are logically dependent upon a prior definitional account. For any legal definition of an act, one can sensibly ask if that definition is right. To know whether the law is sound, one must first understand of what it is that the definition is a definition. For many parts of the criminal law, and the law of rape is one, the definitions on which the law moves are concepts perfectly accessible outside (...) and apart from the law. I have two aims for this article. The first is to argue for a particular conception of rape as the best understanding of the constellation of acts we conceptualize as rape. The second, less direct, is to show that traditional methods of conceptual analysis can contribute to legal and social scholarship and reform. (shrink)

This paper addresses the question of whether rape-law reform should treat all cases of simple rape—nonconsensual sex that does not involve the use or credible threat of physical force—as a serious crime. Of primary concern here are those sexual interactions, often referred to as “date rape” or “acquaintance rape,” where the coercive element is not physical force as evidenced by reasonable resistance. Should, as some feminist reformers have urged, felony rape include sexual interactions that (...) may not be fully consensual but do not include the use of physical force? If so, can convincing answers be provided for due process questions about what constitutes valid consent to sex and how to tell when it is present. This paper warns of the difficulties in determining what counts as evidence of nonconsent and mens rea in light of the “linkage thesis” which takes valid consent in these cases to be bilateral and interactive, and to imply the absence of mens rea. Given the complexity of norms governing these sexual interactions and the high likelihood of reasonable mistakes about consent, this paper contends that criminalizing these cases of simple rape will often result in the unjust treatment of the relevant parties. (shrink)

Criminal law practices in the US, including policing and incarceration, have drawn heavy criticism for their disproportionate impact on black people, particularly black men. At the same time, some feminist scholars and activists advocate for increases in criminal law responses to sexual assault, including expanding criminal statutes to cover more instances of sexual assault and increasing sentencing guidelines. These reforms are often justified by claims that criminal law should express more feminist values and reject sexist social schemas. This paper makes (...) the case that criminal legal interventions aimed at changing sexist social schemas, such as ‘rape culture,’ are unlikely to be successful because criminal law is effective at maintaining existing social norms, but bad at introducing novel ones. Similarly, in the US, criminality has been ideologically linked to blackness, so attempts to use the stigma of criminality to combat sexual violence are likely to reinforce anti-black racism. The very meaning of a criminal law depends on related social schemas, and the racist social schemas associated with criminality undermine the ability of criminal legal responses to present anti-sexist values. At best, criminal legal reforms aimed at expressing the equal dignity of women will be ambiguous because their meaning is negotiated by existing sexist and racist social schemas. Thus, penal expressivism cannot offer a justification for using criminal law to combat sexual assault. (shrink)

This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws are (...) worldwide phenomena, the international scholarly literature reflects limited awareness of these developments in Canadian law. This article remedies that gap in the literature. The Canadian experience with the definition of sexual consent as communicated “voluntary agreement” demonstrates the value of this conceptualization of consent; the definition provides a well-defined set of nondiscretionary reference points for legal analysis of the facts in sexual assault offenses. The effect is to facilitate effective enforcement of the sexual assault laws and affirm the right to sexual autonomy, sexual self-determination, and equality, consistent with fundamental principles of individual human rights. For all these reasons, familiarity with the Canadian experience may be useful to those engaged with the reform of rape and sexual assault laws in other jurisdictions. (shrink)

In the field of human rights, expressions like justice and legal reform are closely linked to the process of harmonization of domestic and international human rights standards. Harmonization of human rights standards can be described as a process wherein international human rights are incorporated or given full effect to at the domestic level. [i] To harmonize the two set of standards i.e. domestic and international is viewed as both a commitment and obligation of states under international law. [ii] In (...) terms of state practice, the process of harmonization may entail a set of actions including adoption of laws and creation of mechanisms for enforcement and redressal of violations. -/- At the international level, the harmonization agenda is actively promoted at forums including the Universal Periodic Review (UPR) or during consultations between states and human rights treaty bodies, etc. Questions on whether states are in compliance with their international human rights commitments under treaties and other resolutions are to a large extent determined based on the extent of harmonization. Other pertinent questions being whether existing domestic laws are compatible with international human rights standards? What conditions obstruct and facilitate harmonization of human rights standards? Are there any parameters to measure harmonization? -/- While harmonization is widely promoted, its study and assessment is complex. (shrink)

This thesis considers two allegations which conservatives often level at no-fault systems — namely, that responsibility is abnegated under no-fault systems, and that no-fault systems under- and over-compensate. I argue that although each of these allegations can be satisfactorily met – the responsibility allegation rests on the mistaken assumption that to properly take responsibility for our actions we must accept liability for those losses for which we are causally responsible; and the compensation allegation rests on the mistaken assumption that tort (...) law’s compensatory decisions provide a legitimate norm against which no-fault’s decisions can be compared and criticized – doing so leads in a direction which is at odds with accident law reform advocates’ typical recommendations. On my account, accident law should not just be reformed in line with no-fault’s principles, but rather it should be completely abandoned since the principles that protect no- fault systems from the conservatives’ two allegations are incompatible with retaining the category of accident law, they entail that no-fault systems are a form of social welfare and not accident law systems, and that under these systems serious deprivation – and to a lesser extent causal responsibility – should be conditions of eligibility to claim benefits. (shrink)

India is a party to several international laws which speak of the duty to prosecute, investigate, and punish crimes. In light of India’s commitments to international law, the scope of its criminal laws appears to be failing on several counts. The following are a few general and specific recommendations for penal law reforms in India. These have been framed in light of several international developments, international laws, and relevant Indian laws and judgments. The recommendations concern the following themes: 1. gaps (...) in criminal law, 2. harmonization of standards 3. liabilities for derogations from fundamental duties (cultural heritage), and 4. a project for decolonization. (shrink)

A psychology-informed view of human rights has been taken into account by many scholars while examining the short-term and long-term effects of human rights violations on individuals and communities. In Trauma and Human Rights: Integrating Approaches to Address Human Suffering, for instance, the authors discuss the trauma-informed approach in the context of human rights violations, namely domestic violence, racial and other forms of discrimination, etc. In the paper on Trauma among children and legal implications, the authors advance a trauma-informed approach (...) to human rights. The approach considers the experiences of trauma associated with physical abuse, sexual abuse, neglect, psychological/emotional abuse, community violence, natural disasters, serious accidents, parental death/grief, medical procedures and conditions, and terrorism. In the case of violations including rape and torture, the paper Torture by means of Rape concerns the psychological suffering of victims of rape, abuse, and torture in light of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. As for the jurisprudence of international human rights bodies, the advancement of a psychology-informed view of human rights is noticeable. Take the example of the Report of the Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment on Biopsychosocial factors conducive to torture and ill-treatment. The Report explores the root causes of the current worldwide complacency concerning torture and ill-treatment and recommends the urgent and proactive incorporation of science-based conclusions into ongoing, policy-based global governance reform processes. Further, the report provides that the root cause of the systemic governance failure is attributed to the generic biopsychosocial factors that have shaped human decision-making throughout history, irrespective of national, cultural, religious, or other distinctive influences. Since the two fields are creating a landscape of new concepts and perspectives, one may study this interface broadly under three headings; (a) Psychology in Human Rights. (b) Rights-Based Approach to Psychological Science and Research. (c) Psychology and Human Rights in Law and Policy. (shrink)

Soon there will be sex robots. The creation of such devices raises a host of social, legal and ethical questions. In this article, I focus in on one of them. What if these sex robots are deliberately designed and used to replicate acts of rape and child sexual abuse? Should the creation and use of such robots be criminalised, even if no person is harmed by the acts performed? I offer an argument for thinking that they should be. The (...) argument consists of two premises. The first claims that it can be a proper object of the criminal law to regulate wrongful conduct with no extrinsically harmful effects on others. The second claims that the use of robots that replicate acts of rape and child sexual abuse would be wrongful, even if such usage had no extrinsically harmful effects on others. I defend both premises of this argument and consider its implications for the criminal law. I do not offer a conclusive argument for criminalisation, nor would I wish to be interpreted as doing so; instead, I offer a tentative argument and a framework for future debate. This framework may also lead one to question the proposed rationales for criminalisation. (shrink)

Reforming All Countries Through the Universal Law of Balance: A Path to Global Stability and Progress -/- By Angelito Enriquez Malicse -/- Introduction -/- Throughout history, human societies have struggled with instability, conflict, economic inequality, environmental degradation, and governance failures. Despite technological advancements, many nations still face deep-rooted problems caused by imbalanced decision-making at both individual and collective levels. My universal formula, grounded in the universal law of balance in nature, offers a transformative solution to reform all countries and (...) create a world where governance, economics, education, and social structures operate in harmony. -/- By integrating this fundamental law of balance into global education systems, policy-making, and leadership training, societies can achieve sustainability, fairness, and progress. This essay explores how this universal formula can reform all countries and the positive effects it will bring to the entire world. -/- The Universal Law of Balance: A Foundation for Reform -/- The universal law of balance in nature states that all systems—biological, social, economic, and political—function optimally when they maintain equilibrium. Imbalance leads to corruption, inequality, overpopulation, environmental destruction, and human suffering. To achieve long-term global stability, this principle must be embedded in education, leadership, and governance. -/- 1. Reforming Education to Instill the Universal Law of Balance -/- Education is the foundation of societal change. Implementing the universal formula in education will: -/- Teach individuals how natural balance governs decision-making. Students will learn to evaluate choices scientifically rather than through emotional bias, misinformation, or outdated beliefs. -/- Encourage critical thinking and holistic problem-solving. Future generations will be trained to apply balanced solutions to complex global issues, such as economic inequality and climate change. -/- Bridge the gap between science and religion. Since religious dogma often influences social structures, the universal law of balance can provide a neutral, scientific approach that respects faith while promoting rational decision-making. -/- Train future leaders. Policymakers, economists, and scientists will be educated with a deep understanding of natural balance, preventing governance failures caused by greed, short-term thinking, and political manipulation. -/- 2. Reforming Leadership and Governance -/- Governments worldwide struggle with corruption, inefficiency, and poor decision-making due to imbalanced priorities. Applying the universal law of balance in governance will: -/- Create leaders who prioritize national and global stability. Balanced governance ensures that decisions benefit both the present and future generations. -/- Eliminate extreme capitalism and unregulated economic growth. Governments will regulate economies based on resource sustainability rather than limitless expansion, reducing wealth inequality and environmental destruction. -/- Prevent overpopulation and resource depletion. Balanced policies will control population growth to match available resources, ensuring sustainable development. -/- Ensure fair justice systems. Laws and policies will be structured to balance individual rights with collective responsibility, preventing both authoritarian rule and chaotic anarchy. -/- 3. Reforming Economic Systems for Global Sustainability -/- The modern economic system prioritizes profit over sustainability, leading to financial crises, worker exploitation, and environmental collapse. By implementing the universal formula, economies will: -/- Shift from profit-driven models to sustainability-driven economies. Instead of uncontrolled consumption, economic policies will ensure equitable wealth distribution and environmental responsibility. -/- Balance technological progress with ethical considerations. AI, automation, and scientific advancements will be aligned with human well-being rather than purely corporate interests. -/- Prevent extreme wealth accumulation. Tax structures and wealth redistribution mechanisms will balance economic power, preventing the concentration of resources in the hands of a few. -/- 4. Using AI and Technology to Implement the Universal Formula -/- Artificial intelligence and automation are shaping the future of governance, education, and economic management. If AGI (Artificial General Intelligence) is programmed according to the universal law of balance, it can: -/- Provide unbiased decision-making for governments and organizations. AI can analyze global trends and propose balanced policies that prevent economic crashes, food shortages, and political instability. -/- Ensure balanced media and information dissemination. AI can counteract misinformation and propaganda, ensuring that people receive accurate, scientifically-backed information. -/- Optimize resource management. Smart systems can ensure that natural resources are used efficiently, preventing over-extraction and environmental collapse. -/- Positive Effects of the Universal Formula on All Countries and the World -/- 1. Global Peace and Conflict Resolution -/- Many wars and conflicts arise from imbalanced decision-making, whether in the form of territorial disputes, economic competition, or ideological clashes. If all countries implement the universal law of balance: -/- Diplomacy will replace war. Nations will resolve conflicts through mutual benefit and balance rather than through force or economic domination. -/- Religious and cultural tensions will decrease. Education based on balance will prevent extremist ideologies and promote global cooperation. -/- Geopolitical stability will be achieved. Superpowers will shift from military competition to balanced global governance, ensuring world peace. -/- 2. Economic Stability and Sustainable Development -/- Instead of pursuing endless economic growth, nations will adopt policies that balance wealth distribution, technological advancement, and resource sustainability. This will result in: -/- Elimination of poverty and extreme inequality. Wealth will be distributed according to natural balance, ensuring that no country suffers from extreme poverty while others hoard wealth. -/- Protection of natural ecosystems. Economic activity will be regulated to align with environmental sustainability, reversing climate change and preventing resource depletion. -/- Harmonized global trade. Countries will trade based on mutual benefit, reducing exploitative economic relationships and dependency on harmful industries. -/- 3. A More Conscious and Responsible Humanity -/- By implementing the universal law of balance in all human activities, societies will: -/- Develop a collective consciousness of responsibility. People will prioritize balanced decision-making, preventing greed, ignorance, and reckless behavior. -/- Reduce crime and corruption. Societies where balance is understood and practiced will no longer tolerate corruption, exploitation, and unethical leadership. -/- Achieve spiritual and intellectual enlightenment. Individuals will no longer be manipulated by false ideologies but will instead align their lives with natural balance, achieving greater peace and fulfillment. -/- Conclusion: A Call for Global Implementation -/- The universal law of balance is the missing foundation needed to reform all countries and create a stable, just, and progressive world. By integrating this principle into education, governance, economics, and technology, we can eliminate poverty, war, corruption, and environmental destruction, ensuring a sustainable future for all. -/- The challenge is global cooperation and willingness to change. If leaders, educators, and scientists recognize the scientific necessity of balance, the world can shift from chaos to harmony. This is not a utopian vision—it is the natural evolution of human civilization once it aligns with the fundamental laws of nature. -/- Now is the time to act. The future of humanity depends on our ability to embrace balance, reform our societies, and secure a future where all nations thrive in equilibrium. -/- . (shrink)

In the law of rape, consent has been and remains a gendered concept. Consent presumes female acquiescence to male sexual initiation. It presumes a man desires to penetrate a woman sexually. It presumes the woman willingly yields to the man's desires. It does not presume, and of course does not require, female sexual desire. Consent is what the law calls it when he advances and she does not put up a fight. I have argued elsewhere that the kind of (...) thin consent that the law focuses on is not enough ethically and it should not be enough legally to justify sexual penetration. I advocate sexual negotiation, where individuals discuss sexual desires and boundaries and agree to engage in penetration before it occurs, except under circumstances in which the partners have a reasonable basis to assess one another's nonverbal behavior. I argue that not only is verbal consultation about desire ordinarily ethically necessary before most acts of sexual penetration, it should be legally required. Consultation to ascertain sexual desires and boundaries assures that both parties desire penetration. (shrink)

In *Engaging Capital Emotions,* Douglas Berman and Stephanos Bibas argue that emotion is central to understanding and evaluating the death penalty, and that the emotional case for the death penalty for child rape may be even stronger than for adult murder. Both the Berman and Bibas article and the subsequent Supreme Court decision in Kennedy v. Louisiana (striking down the death penalty for child rape) raise difficult questions about how to measure the heinousness of crimes other than murder, (...) and about the role the pain suffered by victims and victims' families should play in this inquiry. In this Reply, I agree with the authors on the importance of confronting emotion's role in capital punishment, for reasons I discuss in Part A. However, I disagree with their claim that the moral outrage evoked by child rape supports making it a capital crime. Part B explores the difficulties of using the existence of moral outrage as a measure of appropriate punishment. Part C argues that the penal system should not merely reflect moral outrage, but channel and educate it. It suggests that the availability of the death penalty may create an anchoring effect, communicating the message that the death penalty is the proper way to express moral outrage and to honor the worth of murder victims. It explores the consequences of this message. Section II focuses on the role of emotion in deciding whether child rape should be a capital crime. Part A considers the problematic role of victim harm in determining whether the death penalty is appropriate. It explores the question, raised in Kennedy v Louisiana, of whether the effect of a capital trial on child rape victims ought to be part of the calculus. Part B argues that there are three particular problems with allowing juries to sentence child rapists to death: the deleterious effect of anger and empathy, the problem of generic prejudice, and the issue of race. (shrink)

This article addresses a few moments in the evolution of human security law in Iraq, focusing in particular on the Coalition Provisional Authority, the new Iraqi Constitution, Iraqi High Tribunal (successor to the Iraqi Special Tribunal), and the International Criminal Court. It synthesizes the results of some existing research on ongoing impunity for certain crimes against political candidates, journalists, anti-corruption activists, and ethnic and religious minorities, a situation which may have tainted Iraq’s transition to a more democratic republic, while aggravating (...) other conflicts, such as those in Syria. In theory, the institutions of human and national security can help reconcile peoples whose tenuous unity had been shattered in wartime. The sometimes competing priorities and policies of Iraqi politicians, civil society groups, and judges resulted in swift justice for Iraqi officials responsible for mass killings involving Shi’a Arab, Kurdish, and other victims, but a lack of justice for other segments of the population. The emphasis of some claims of injury over others may have "reenchanted" some sectors of Iraqi society with the state and its institutions, while alienating others and contributing to ruptures in the social fabric. The Coalition Provisional Authority, Iraqi leaders, and international community ensured that the high-profile proceedings against former regime officials would not be accompanied or followed by others that some Iraqis might perceive as being as pressing as those of the Iraqi High Tribunal, relating to the impact of sanctions and aerial bombardment, the legality of Iraq's occupation, torture, etc. (shrink)

Standards of reasonability play an important role in some of the most difficult cases of rape. In recent years, the notion of the reasonable person has supplanted the historical concept of the reasonable man as the test of reasonability. Contemporary feminist critics like Catharine MacKinnon and Kim Lane Scheppele have challenged the notion of the reasonable person on the grounds that reasonability standards are gendered to the ground and so, in practice, the reasonable person is just the reasonable man (...) in a gender neutral guise. These critics call for the explicit employment of a reasonable woman standard for application to the actions of female victims of rape. But the arguments for abandoning a gender-neutral standard are double-edged and the employment of gendered standards of reasonability is likely to have implications that are neither foreseen by, nor acceptable to, advocates of such standards. Reasonable agent standards can be dropped, in favor of appeals to the notion of a reasonable demand by the law. However, if reasonable agent standards are to be retained, gendered versions of such standards are not preferable to gender-neutral ones. (shrink)

Comprehensive Reform for the Philippines: A Path to Balance, Progress, and Genuine Spirituality -/- The Philippines faces numerous challenges that hinder its development, with overpopulation, economic struggles, an outdated educational system, and inefficiencies in various sectors. These issues require a comprehensive reform that aligns with sustainable and balanced progress. A strong foundation in education, economic stability, government restructuring, urban planning, increased productivity, and genuine spirituality is essential to achieving long-term national growth. -/- Family, Self-Reliance, and Economic Balance -/- (...) One of the strongest aspects of Filipino culture is its close-knit family ties. While this fosters deep social connections and mutual support, it also highlights the need for self-reliance, especially in financial matters. No family member can provide permanent financial aid, making economic independence crucial. This balance between support and self-sufficiency should be emphasized in education to help individuals develop resilience and long-term financial planning skills. -/- Overpopulation remains a major issue in the country, straining resources, employment opportunities, and infrastructure. Without proper regulation, it creates an Imbalance that affects the economy and the overall well-being of citizens. Addressing this issue requires a world-class or holistic educational system that equips people with critical thinking skills and an understanding of sustainable living. -/- The Role of a Holistic Educational System -/- A key solution to many of the Philippines’ problems lies in education. The major goal of a holistic educational system is to produce a high-quality young generation of Filipinos—individuals who are not only academically competent but also morally upright, socially responsible, and innovative. This kind of education must go beyond memorization and standardized testing. It should focus on developing problem-solving skills, ethical reasoning, leadership, and an awareness of social and environmental responsibilities. -/- A well-educated population is more likely to make informed decisions about family planning, career paths, and financial management. It would also cultivate a workforce that is highly skilled and adaptable to a rapidly changing global economy. If properly implemented, this education system would empower Filipinos to become self-reliant, contribute to national progress, and break the cycle of poverty. -/- Economic Growth, Job Creation, and Increased Productivity -/- At the same time, job creation is crucial. A strong economy relies on a balance between government-driven employment programs, private sector growth, and foreign direct investments (FDI). Encouraging businesses, both local and international, to invest in the Philippines would provide job opportunities, boost the economy, and reduce poverty. However, this requires a government system that is transparent, efficient, and capable of managing these economic initiatives effectively. -/- To maximize economic potential, productivity across all sectors—including agriculture, manufacturing, and services—must be significantly improved. Strategies to increase productivity include: -/- 1. Agricultural Modernization – Investing in better farming techniques, irrigation systems, and post-harvest facilities can improve efficiency in food production and reduce waste. Government support in mechanization and research can increase yields and help farmers transition to more profitable and sustainable practices. -/- 2. Technology Integration in Industry – Encouraging automation, artificial intelligence, and digital tools in various industries will enhance efficiency and competitiveness. Training workers to adapt to these technologies is crucial for long-term success. -/- 3. Skills Development and Workforce Training – Continuous upskilling programs in technical and vocational fields will ensure that workers are equipped with the latest industry knowledge, increasing productivity and innovation. -/- 4. Support for Small and Medium Enterprises (SMEs) – Providing financial assistance, mentorship programs, and access to international markets will help SMEs grow, create jobs, and contribute to the economy. -/- 5. Streamlining Government Processes – Reducing bureaucratic red tape and implementing digital governance solutions will improve efficiency in business registration, taxation, and service delivery, fostering a more productive environment. -/- The Importance of Urban Planning and Infrastructure Development -/- Another critical factor in national progress is urban planning and government investment in high-quality infrastructure projects. Many of the country’s problems, including traffic congestion, flooding, and housing shortages, stem from poor urban planning and outdated infrastructure. To address this, the government must invest in well-planned cities, efficient transportation systems, and sustainable housing projects. -/- Proper urban planning ensures that growing populations are managed effectively, preventing overcrowded informal settlements and ensuring that resources are distributed efficiently. High-quality infrastructure projects, such as modern highways, bridges, airports, and public transport systems, would not only improve the quality of life for Filipinos but also attract more foreign investments, further strengthening the economy. A well-structured and balanced urban environment leads to better economic opportunities, improved public services, and a higher standard of living for all citizens. -/- Comprehensive Government Reform -/- A comprehensive government reform is necessary to address these interconnected problems. Corruption, inefficiency, and short-term political agendas must be replaced with policies that focus on long-term sustainability and national progress. This can be achieved through a structured and merit-based political system, ensuring that competent and visionary leaders are in charge. If decision-makers follow the principles of balance in governance—ensuring fairness, stability, and sustainability—then the country can move toward real progress. -/- The Role of Genuine Spirituality -/- An essential yet often overlooked aspect of national development is genuine spirituality. While religion is deeply ingrained in Filipino culture, it must evolve beyond rituals and dogma to serve as a guiding force for ethical governance, responsible citizenship, and moral leadership. True spirituality is not about blind faith but about inner transformation, self-discipline, and wisdom in decision-making. Leaders and citizens alike must cultivate values such as integrity, compassion, and accountability—principles that align with the universal law of balance in nature. When people are spiritually grounded, they are more likely to act justly, prioritize the common good, and resist corruption and greed. -/- A Vision for the Future -/- Implementing a holistic approach that integrates education reform, economic stability, government restructuring, urban planning, productivity enhancement, infrastructure development, and genuine spirituality is key to fixing the Philippines’ systemic problems. By understanding and applying the universal law of balance in nature, the country can create policies that align with long-term development, benefiting not just the present generation but also the future. A nation guided by wisdom, moral responsibility, and a balanced perspective on life will be able to achieve real and lasting progress. -/- . (shrink)

Reforming Freedom of Speech to Eliminate Dogmatic and Negative Thinking and Behavior -/- Freedom of speech is a fundamental human right that allows individuals to express their thoughts, ideas, and beliefs without fear of government suppression. It has been a cornerstone of democratic societies, enabling progress through open dialogue and the exchange of diverse perspectives. However, freedom of speech also presents challenges, particularly when it allows for the spread of dogmatic thinking, misinformation, negative behavior, and ideological extremism. The question arises: (...) Can we reform freedom of speech to create a cultural mentality free from dogmatic thinking, negative thinking, and harmful behavior without compromising intellectual freedom? -/- The Role of Freedom of Speech in Intellectual and Behavioral Progress -/- Freedom of speech is crucial for intellectual and social development. It allows for questioning of dogma, whether religious, political, or ideological, and encourages open debate that helps refine knowledge and discard outdated or harmful beliefs. However, unrestricted speech can also enable the spread of misinformation, fear-based ideologies, and divisive rhetoric, which can entrench dogmatic thinking and encourage negative behavior. A well-balanced approach to reforming freedom of speech must ensure that while harmful speech and behavior are addressed, intellectual freedom and constructive dialogue remain protected. -/- Reforming Freedom of Speech Without Harming Intellectual and Cultural Growth -/- Rather than imposing rigid restrictions on speech, societies can implement reforms that guide how speech is used in constructive ways. This can be achieved through education, selective regulation, cultural transformation, and behavioral awareness. -/- 1. Education-Based Approach -/- Mandate critical thinking and logic training in schools: Teaching students how to analyze arguments, recognize logical fallacies, and differentiate between rational and emotional reasoning can significantly reduce the spread of dogmatic thinking and negative behaviors. -/- Teach media literacy: In the digital age, misinformation spreads rapidly. Educating individuals on how to verify sources, evaluate evidence, and distinguish propaganda from fact-based information is essential. -/- Encourage scientific literacy: A society that understands scientific principles is less likely to fall prey to ideological extremism and more likely to base decisions on evidence rather than emotion or tradition. -/- Foster emotional intelligence education: Encouraging self-awareness, empathy, and constructive communication can reduce negative behaviors such as hostility, intolerance, and impulsivity. -/- 2. Regulating Harmful Speech and Behavior Without Limiting Thought -/- Laws against incitement to violence, hate speech, and deliberate misinformation: While free speech should be protected, speech that causes direct harm, promotes violence, or spreads falsehoods with malicious intent should be regulated. -/- Promote fact-checking and responsible journalism: Media outlets and digital platforms should be encouraged to uphold ethical standards, ensuring that information shared with the public is accurate and balanced. -/- Encourage platform moderation: Social media platforms play a significant role in shaping public discourse. Implementing policies to prevent echo chambers of radical dogma, misinformation, and toxic behavior can help maintain a balanced and rational discussion environment. -/- 3. Promoting Constructive Speech, Cultural Transformation, and Positive Behavior -/- Encourage public discourse that values logic and evidence: Societies should foster an environment where rational discussion is appreciated over emotional or ideological rhetoric. -/- Promote public intellectuals and role models: Figures who exemplify balanced, critical thinking and positive behavior should be highlighted in media and education to inspire future generations. -/- Shift cultural norms to value evidence-based reasoning and ethical behavior: Encouraging a cultural shift where truth, facts, and rationality are held in high regard while fostering kindness, respect, and constructive interaction can help reduce the influence of dogmatic ideologies and harmful behaviors. -/- Use behavioral psychology insights to design better policies: Governments and institutions can use insights from psychology to craft policies that encourage cooperation, critical thought, and ethical decision-making. -/- Risks of Over-Regulation -/- While reforming speech and behavior policies can have benefits, excessive control poses serious risks: -/- Authoritarian tendencies: Over-regulation can lead to a government or ruling entity dictating acceptable speech and behavior, which may reinforce dogma rather than eliminate it. -/- Self-censorship: People may hesitate to express genuine ideas out of fear of punishment, leading to intellectual stagnation and a culture of conformity. -/- Subjectivity in defining dogma and negativity: If regulations aim to eliminate dogmatic thinking and negative behavior, determining what qualifies could itself become ideological enforcement. -/- A Balanced Solution: Reform Without Censorship -/- The most effective approach to eliminating dogmatic and negative thinking and behavior while preserving freedom of speech is through education, responsible media, and cultural evolution. Instead of limiting speech, societies should: -/- Strengthen education systems that emphasize critical thinking, logic, media literacy, and emotional intelligence. -/- Regulate speech and behavior only when they directly cause harm, such as incitement to violence or deliberate misinformation. -/- Encourage open and respectful debates where diverse viewpoints can be discussed rationally without fear of suppression. -/- Foster community programs that promote constructive discourse and ethical behavior. -/- Conclusion -/- Reforming freedom of speech to eliminate dogmatic and negative thinking and behavior is a delicate but necessary endeavor. Rather than restricting speech outright, societies must focus on education, responsible discourse, and cultural evolution to encourage rational and constructive thinking and interactions. By fostering an environment where critical thought, ethical behavior, and open-mindedness are valued over ideological conformity, humanity can move toward a more enlightened, balanced, and harmonious future. -/- . (shrink)

The elections and political parties are necessary ingredients of democratic governance. Elections are a necessary condition of representative democracy. In representative democracy citizens participate in politics primarily by choosing political authorities in competitive elections. Elections, hence, are a necessary and crucial instrument to make democracy work. In India, free and fair elections are held at regular intervals as per guidelines of the constitution and the Election Commission. To make them free of flaws it is essential to reform them from (...) time to time. Electoral reform means introducing fair electoral systems for conducting fair elections. It also rejuvenates the existing systems to enhance and increase the efficiency of the same. Following the demands of electoral reforms several committees were being set up. Some of the measures like reduction of voting age and anti defection law are appreciable but there are other vital areas in election field completely neglected. This paper will evaluate about different attempts made for electoral reforms in India. Different challenges before the Election Commission are also been discussed, also how it can be made effective as suggested by Commission in India will be presented. A comparative analysis with other democratic countries like U.S.A and U.K. is added to it. (shrink)

According to Warriner (1969) a simple way of defining land reforms is to name it “the redistribution of property or rights in land for the benefit of the landless, tenants and farm labourers”. Land reforms are mainly characterised by the government’s change of laws, regulations or customs regarding land ownership. Land reforms deal with the government in power distributing property which is in most times agricultural land. In some instances it also involves the distribution of land from the more powerful (...) or wealthy group of people such as nobles and bourgeoisie and giving potions of the land to the less powerful in society especially during the start of the post-colonial error in most countries in Southern Africa. During the pre-colonial period, land or pieces of land belonged to different ethnic groups, clans and lineages but now in the post-colonial land reform programs were to introduce individual ownership of land. There are many reasons why the government (both colonial and post-colonial) embark on land reforms and some of the factors influencing them include political reasons such promoting communism or socialism, social reasons such as separating the blacks from the whites and creating social stratification and economic reasons such as facilitating private investments and raising the country’s economic growth of the agricultural sector just but to mention a few reasons. Though some of the government’s reasons to embark on land reforms appear to be noble, local communities refuse these land reforms since they create social stratifications, at times increase poverty, destroy the matrilineal societies and are more political in nature rather than a means to better the people’s lives especially during the colonial error. The essay below will vividly portray why the government embarks on land reform programs and why local people resist these reforms using examples from both colonial and post-colonial Southern African countries. (shrink)

This chapter provides a general overview and introduction to the law and ethics of virtual sexual assault. It offers a definition of the phenomenon and argues that there are six interesting types. It then asks and answers three questions: (i) should we criminalise virtual sexual assault? (ii) can you be held responsible for virtual sexual assault? and (iii) are there issues with 'consent' to virtual sexual activity that might make it difficult to prosecute or punish virtual sexual assault?

This study examines the ethical and legal issues faced by girls/women requesting abortions who were victims of rape, aspects which have received little attention to date. This is a retrospective study using an approach and legal issues relating to incidents of unwanted pregnancy resulting from rape as reported in Turkish newspapers from 2010 to 2018. A total of 95 articles were discovered and categorized. These were then evaluated for content and analyzed in terms of the ethical issues related (...) to the cases. Of the articles,14 involved rape-related pregnancy cases. The six cases chosen for analysis in this study were carefully selected from newspaper reports between 2010-2018. The victims who requested abortions were between 9 and 26 weeks pregnant and aged 14-26 years old. Turkish courts approved only two of the victims' requests. The cases in this study were evaluated by the authorities solely on legal grounds. The stress experienced by victims of rape is exacerbated by compulsory pregnancy; the fact that these victims were not allowed to terminate their pregnancies resulted in their further punishment. Requests for abortions should be assessed not only in terms of legality but also based on medical and especially ethical issues. (shrink)

The Law Society recently published a practice note titled 'Prosecutions of victims of trafficking'. This practice note comes many years after many lawyers had highlighted the problem and after the government machinery had chuntered into action and passed the UK Modern Slavery Act 2015 with explanatory notes and non-statutory guidelines for corporations. Since 2012 there had been issued warnings about the way defence lawyers, the Crown Prosecution Service and the UK police were dealing with trafficking and the Criminal Cases Review (...) Commission as far back as 2012 had note the severe failings by defence solicitors, prosecution and police, leading to many appeals and potential miscarriages of justice. Even in 2012 there were 946 known human trafficking victims, including 234 children. There was an attempt at a Human Trafficking Bill in 2010 which came to a halt and several reports including one by the Prison Reform Trust and Cambridge University Press, notwithstanding many books by notable academics for many years before today. This article examines the inadequacies of the Law Society practice note on defending victims and the jumble of high-ideals but short-sighted and impractical parts of the UK Modern Slavery Act 2015. (shrink)

At the heart of Kant’s legal-political philosophy lies a liberal, republican ideal of justice understood in terms of private independence (non-domination) and subjection to public laws securing freedom for all citizens as equals. Given this basic commitment of Kant’s, it is puzzling to many that he does not consider democracy a minimal condition on a legitimate state. In addition, many find Kant ideas of reform or improvement of the historical states we have inherited vague and confusing. The aim of (...) this paper is to untangle both puzzles by exploring Kant’s idea of self-governance. I argue that Kant’s idea of self-governance gives us a very good starting point for thinking about how to leave room for a variety of political systems—different ideals—that have grown out of and responding to different contingent historical and cultural circumstances. It also helps us identify those areas where we want to take extra care to build in safeguards to secure stability and to take sufficiently seriously humankind’s truly nasty sides. (shrink)

The willful ignorance doctrine says defendants should sometimes be treated as if they know what they don't. This book provides a careful defense of this method of imputing mental states. Though the doctrine is only partly justified and requires reform, it also demonstrates that the criminal law needs more legal fictions of this kind. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a (...) pressing need for change. (shrink)

Today, major disciplines (including psychology, philosophy, science, etc.) are seeking to forge a deeper connection with spirituality/spiritual values. Emanating from these efforts are clues about the role of spirituality as an inspiration, a fertile source, and a benchmark for research, policy-making, and reforms. In the case of law/the law, scholars explore its relationship with spirituality in light of diverse topics including human rights, crime prevention, family relations, humanitarianism, development, education, security, conflict resolution, and freedom. A few of these works offer (...) fascinating insights, and a few emphasize the need for more detailed analysis. -/- This chapter seeks to highlight a few aspects of the relationship between law and spirituality. First, it highlights the importance being given to spirituality or spiritual values across disciplines, including law. Second, it aims to map the influence of spirituality in the working of laws and legal systems. This exercise will be undertaken in light of the expressions such as spiritual needs, spiritual rights, the spiritualization of law, etc. Third, the chapter raises a few questions of conceptual and practical importance. (shrink)

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather than (...) simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

The Human Rights Studies Programme, School of International Studies (JNU), in collaboration with the Centre for Inner Asian Studies, School of International Studies (JNU), and the Indian Law Institute (Delhi), organized a Human Rights Day Webinar on the Intersections of Human Rights and Criminal Law on December 9-10, 2021. Experts and young scholars from the field shared their insights and research on the webinar theme. The presentations were organized under four sessions, including Session I on Rights Jurisprudence and Criminal Law, (...) Session II on Proposals for Criminalisation and Decriminalisation, Session III on Crimes, Victims, and Punishments, and Session IV on Reforms in the Future. The Webinar was conceptualized keeping in view the responsibility of states under international human rights law to prohibit and punish for the protection of human rights and the redressal of violations. The obligations of States to prohibit and punish inform the development of criminal rules and procedures under different legal systems, leading to the near universalization of legislative frameworks, legal justifications, and punishments. In the working of international human rights institutions, the criminal laws adopted by States are an indicator or marker of the level of compliance of States with the international mandates. In recent years, the interface between the two fields, i.e., international human rights and domestic criminal laws, has sparked great jurisprudential, political, and constitutional debates in different parts of the world. Against this backdrop, the Webinar was organized on Human Rights Day to discuss the relevant issues. (shrink)

Several European countries are approving legislative reforms moving to a presumed consent system in order to increase organ donation rates. Nevertheless, irrespective of the consent system in force, family's decisional capacity probably causes a greater impact on such rates. In this contribution we have developed a systematic methodology in order to analyse and compare European organ procurement laws, and we clarify the weight given by each European law to relatives' decisional capacity over individual's preferences (expressed or not while alive) regarding (...) the destination of his or her organs after death. In this sense, the results constitute the first comprehensive and comparative legislative mapping on European transplantation laws. (shrink)

Disability laws are crucial in ensuring a life of dignity for persons with disabilities. However, they remain limited and ineffective in the absence of adequate knowledge and awareness of the experiences with disability. The limitedness of disability laws has been spoken of in cases where the full realization of rights is subject to technological, philosophical, and market dynamics. In many cases, the law is also weakened by negative cultural beliefs and social perceptions of disability. And then there are cases where (...) disability laws perpetuate or tolerate oppression and violence. Despite their limitedness, disability laws offer normative content to facilitate engagement and critique for reform. In terms of what disability laws ‘ought’ to be, scholars write, that they should be about disabled people and the meanings provided by them. This objective has and can be fulfilled with the aid of disability studies that go beyond the inquiries of law with the right kind of research tools to theorize and re-theorize concepts and meanings about disability. Disability studies, in other words, represent the living conditions of disabled persons and the questions of how disability and/or impairment should be defined. This chapter examines the interaction between disability law and disability studies through the prism of the Convention on the Rights of Persons with Disabilities (CRPD). While discussing the models of disability (medical, social, human rights, and relational-community models) and agendas for reforming the CRPD, the chapter highlights the importance of new concepts and approaches. Further, the potential of disability laws, CRPD in particular, has been discussed keeping in mind the application of its core principles across different sectors (with a special focus on the Marrakesh treaty and copyright laws). (shrink)

This is a critique of "A Natural History of Rape: Biological Bases of Sexual Coercion" (Thornhill & Palmer, 2000). Lloyd argues that they have failed to do "excellent science" as required to defend themselves against criticism. As an example, Lloyd contends that they make conclusions which depend on rape being a single trait, while failing to prorivde any basis for such an assumption.

On the fiftieth anniversary of the Treaties of Rome, the Berlin Declaration declared the period of reflection on the failed Treaty to Establish a Constitution for Europe to be at an end. To replace it, a reform treaty was signed in Lisbon in December of 2007, and newspapers from Dublin to Beijing reported on the communique issued by EU leaders in Brussels that stated ,,The Lisbon Treaty provides the Union with a stable and lasting institutional framework. We expect no (...) change in the foreseeable future, so that the Union will be able to fully concentrate on addressing the concrete challenges ahead, including globalisation and climate change ..."2 In choosing the problems to highlight in the press release for what still might constitute the legal framework for Europe in the foreseeable future, why did these leaders state, and why did these journalists repeat these two issues together - globalisation and climate change? ,,Globalisation" and the various processes it describes as such have already been thoroughly discussed in legal literature many times over. (shrink)

The Section 230 debate is a proxy for reevaluating constitutional fundamentals. The modern right and the modern left, both attacking Section 230, have abandoned liberalism, together with free speech, public private divide, and the politics of neutrality. Instead of believing in First Amendment value pluralism, each side of the spectrum wishes to realize their own positive normative vision for the political community which, today, is largely defined in the realm of digital culture. Each side recognizes the political other as an (...) enemy to their own utopia, wishing to control, censor, or simply become sovereign thereover. These existential politics of the “culture war” are formally circumscribed by liberal constitutionalism, including the state action doctrine. Regardless of any formal change of the First Amendment interpretation, the government will continue to exercise soft pressures on platforms, thus outsourcing censorship, and creating a novel regulatory dialectic of pressure and cooperation. The government, to become truly sovereign, realize its normative vision, and exclude the other, needs to delegate part of its sovereignty to virtual governments. The Constitution of the United States may thus be undergoing an informal amendment conducted through the private hands of internet intermediaries, which has largely gone unnoticed in the scholarly debate over Gonzalez v. Google, digital sovereignty, and platform regulation. (shrink)

David McCarthy has recently suggested that our compensation and liability practices may be interpreted as reflecting a fundamental norm to hold people liable for imposing risk of harm on others. Independently, closely related ideas have been criticised by Stephen R. Perry and Arthur Ripstein as incompatible with central features of negligence law. We aim to show that these objections are unsuccessful against McCarthy’s Risk–liability theory, and that such an approach is a promising means both for understanding the moral basis of (...) liability for negligence and for reasoning about possible reforms of the institution of negligence law. (shrink)

Legal theorists seek to persuade other jurists of certain theories: Textualism or purposivism; formalism or realism; natural law theory or positivism; prison reform or abolition; universal or particular human rights? Despite voluminous literature about these debates, tremendous uncertainty remains about which views experts endorse. This Article presents the first-ever empirical study of American law professors about legal theory questions. A novel dataset of over six hundred law professors reveals expert consensus and dissensus about dozens of longstanding legal theory debates. (...) -/- Law professors also debate questions about the nature of the legal academy. Descriptively, which subjects (e.g. constitutional law) and methods (e.g. law & economics) are most central within the legal academy today? And prescriptively, should today’s legal academy prioritize additional areas (e.g. legislation) or methods (e.g. critical race theory)? There is great interest in these questions but no empirical dataset of experts’ views; this results in uncertainty about which views experts endorse. This Article’s empirical study also clarifies these questions, documenting law professors’ evaluation of over one-hundred areas of law. -/- The legal theory and legal academy findings support implications for legal scholarship, education, and practice. Clearly, debates about law and the legal academy’s evolution should not be settled by a survey. Nevertheless, insofar as law professors are experts about these issues, it is instructive to discover and carefully examine what views those experts hold, so as to help determine which views are most likely to be true and how the legal academy ought to develop. (shrink)

The Universal Law of Balance: Preventing Poverty, Conflict, War, and the Misinterpretation of Religious Teachings -/- Introduction -/- Human civilization has long struggled with poverty, conflict, war, and social inequality, despite advancements in science, technology, and economic development. The root cause of these persistent problems is not simply a lack of resources but systemic imbalances caused by wrong decision-making—decisions based on false information, greed, corruption, short-term thinking, and rigid belief systems. -/- Among the most significant contributors to global imbalance is (...) religious misinterpretation and dogmatism. While the original teachings of religious founders often emphasized compassion, justice, and balance, their followers have frequently misinterpreted or distorted these teachings to justify violence, inequality, oppression, and resistance to progress. These flawed interpretations have created religious conflicts, economic injustices, and social divisions, violating the universal law of balance in nature—a principle that states that all systems must function in harmony to sustain stability and well-being. -/- If humanity had applied the universal law of balance in interpreting religious teachings, the world could have prevented not only poverty and war but also the destructive consequences of religious extremism and dogma. -/- The Role of Correct Information in Decision-Making and the Misinterpretation of Religious Teachings -/- A major reason why poverty, war, and inequality persist is because societies have made decisions based on false, incomplete, or manipulated information. This is especially true in religion, where followers often misinterpret sacred texts to serve their own interests. Instead of following the true wisdom of religious founders, many religious leaders and followers have: -/- 1. Used scripture to justify oppression and discrimination → Even though the original religious figures preached equality and compassion, followers have twisted their words to promote sexism, racism, and class divisions. -/- 2. Blocked scientific progress → Some religious groups have resisted new discoveries because they mistakenly believe these contradict their scriptures. -/- 3. Promoted violence in the name of religion → While most religious founders preached peace, their teachings have been misused to justify wars, crusades, and acts of terrorism. -/- 4. Created economic injustice → Some religious institutions accumulate wealth and power while their followers remain poor, violating the moral principles of their own faith. -/- 5. Suppressed education and critical thinking → Many religious movements have discouraged questioning even when evidence contradicts traditional beliefs. -/- If religious followers had correctly interpreted their holy books through the lens of balance, reason, and universal ethics, many historical conflicts and injustices could have been prevented. -/- How Misinterpretation of Religious Teachings Leads to Imbalances That Cause Poverty, Conflict, and War -/- 1. Economic Imbalance: Religious Dogma Justifies Wealth Inequality -/- Flawed Interpretation: Some religious followers have claimed that wealth is a sign of divine favor, allowing religious institutions and elites to accumulate extreme wealth while keeping followers poor. -/- Effect: Economic inequality leads to mass poverty and social unrest. -/- Example: The Catholic Church in medieval Europe amassed enormous wealth while peasants suffered under a feudal system, leading to revolts like the Protestant Reformation (1517). -/- True Teaching: Jesus Christ preached humility and care for the poor, yet many Christian leaders built lavish palaces and charged the poor for religious services. -/- 2. Resource Imbalance: Religious Wars Over Land and Holy Sites -/- Flawed Interpretation: Some followers believe that their religion grants them exclusive rights over certain lands, leading to violent conflicts. -/- Effect: Wars, ethnic cleansing, and mass displacement of populations. -/- Example: The Israeli-Palestinian conflict is fueled by religious claims over land, causing decades of suffering. -/- True Teaching: Prophets from both Judaism and Islam emphasized justice and peace, yet their followers fight over holy sites instead of coexisting peacefully. -/- 3. Population Imbalance: Opposition to Birth Control Causes Overpopulation -/- Flawed Interpretation: Some religious leaders claim that contraception is against God’s will, leading to uncontrolled population growth in poor countries. -/- Effect: Overpopulation strains resources, causing poverty, unemployment, and hunger. -/- Example: The Catholic Church opposed birth control in the Philippines, contributing to extreme poverty and slum overcrowding. -/- True Teaching: Jesus and Muhammad both emphasized responsibility and caring for one’s family, which would logically include planning for sustainable family sizes. -/- 4. Educational Imbalance: Religious Suppression of Knowledge Slows Progress -/- Flawed Interpretation: Some religious groups believe that questioning religious texts is sinful, preventing scientific discovery. -/- Effect: Societies remain ignorant, uneducated, and technologically behind. -/- Example: The Catholic Church banned Galileo’s heliocentric model, delaying the progress of astronomy. -/- True Teaching: The Quran and the Bible both encourage seeking knowledge, but many followers have rejected modern science. -/- 5. Religious Conflicts and Wars: Justification of Violence in the Name of God -/- Flawed Interpretation: Some extremists believe that holy war is necessary to defend their faith, leading to centuries of religious violence. -/- Effect: Millions of people killed in religious conflicts throughout history. -/- Example: The Crusades (1095-1291) were wars between Christians and Muslims over the Holy Land, causing immense suffering. -/- True Teaching: Jesus and Muhammad both taught that war should only be a last resort for self-defense, not for conquest. -/- 6. Political Imbalance: Religious Control of Governments Leads to Oppression -/- Flawed Interpretation: Some believe that governments should be ruled by religious laws, leading to oppressive theocracies. -/- Effect: Suppression of freedom, human rights violations, and authoritarian rule. -/- Example: Iran’s Islamic Revolution (1979) led to a theocratic government that limits women’s rights and free speech. -/- True Teaching: The Prophet Muhammad and Moses both acted as leaders of justice, not as dictators imposing harsh religious law. -/- 7. Labor Imbalance: Religious Justification of Slavery and Exploitation -/- Flawed Interpretation: Some religious texts were misused to justify slavery and forced labor. -/- Effect: Exploitation, generational poverty, and racial oppression. -/- Example: The Atlantic slave trade was justified using Christian teachings, keeping millions in brutal conditions. -/- True Teaching: Many religious leaders, including Moses, fought against oppression, yet their followers used scripture to do the opposite. -/- How the Universal Law of Balance Could Have Prevented Religious Misinterpretation and Its Consequences -/- If humanity had applied the universal law of balance, societies would have: -/- 1. Interpreted religious texts through reason, ethics, and balance instead of blind obedience. -/- 2. Separated religious teachings from governance and law to ensure fairness for all. -/- 3. Prioritized education and scientific knowledge while respecting religious faith. -/- 4. Prevented religious wars by promoting tolerance and coexistence. -/- 5. Encouraged responsible population planning instead of strict opposition to contraception. -/- 6. Fought against economic and social inequality instead of justifying it through religion. -/- Conclusion -/- Poverty, war, and inequality are not caused by religion itself, but by the flawed interpretation of religious teachings by followers. Had humanity followed the universal law of balance, religious principles would have been applied with wisdom, reason, and fairness, creating a world with economic justice, scientific progress, and peaceful coexistence. The past cannot be changed, but the future can still be reshaped by prioritizing truth, reason, and balance. Only by rejecting dogmatic extremism and restoring balance can we create a world free from poverty, conflict, and oppression. -/- . (shrink)

AI and the Universal Law of Economic Balance: A Homeostatic Model for Sustainable Prosperity -/- Introduction -/- Modern economies are primarily driven by the profit motive, which, while encouraging innovation and efficiency, often leads to wage stagnation, wealth inequality, and resource exploitation. The imbalance between corporate profits, wages, purchasing power, and market demand has resulted in recurring economic crises, social unrest, and environmental degradation. -/- To resolve these systemic issues, economic policies must align with the universal law of balance in (...) nature, ensuring that financial systems function as self-regulating ecosystems rather than unstable, profit-driven markets. Achieving this balance requires both gradual reform and fundamental restructuring, first at the national level and then integrated into a global economic framework. -/- The key to Implementing and maintaining this balance lies in artificial intelligence (AI), which can analyze economic conditions in real time and adjust wages, prices, taxation, and resource distribution to maintain stability. However, to prevent AI from becoming a tool of economic control for powerful entities, it must be open-source, decentralized, and governed by ethical principles. -/- This essay explores how AI-driven economic balance can replace market-driven instability with a self-regulating, sustainable model that ensures fair wages, stable prices, and equitable wealth distribution. -/- The Problem: Profit Motive and Economic Imbalance -/- The traditional economic system relies on profit margins to sustain businesses. However, when companies focus on maximizing profits, several imbalances emerge: -/- 1. Lower Wages Reduce Purchasing Power -/- When businesses lower costs to remain competitive, wages stagnate. -/- Lower wages mean consumers cannot afford the products they produce. -/- 2. Weaker Demand Forces Businesses to Cut Costs Further -/- If people cannot buy goods, businesses cut jobs and wages further, deepening the problem. -/- Economic growth becomes dependent on debt, leading to financial instability. -/- 3. Wealth Concentration Creates Social and Political Instability -/- Extreme profit accumulation among a small elite leads to economic inequality. -/- Governments either increase taxes (which businesses resist) or cut social services (which leads to public unrest). -/- This cycle of imbalance proves that unregulated profit-seeking is unsustainable. Instead, an economy must be structured to self-regulate, ensuring a balance between wages, prices, profits, and demand. -/- A Homeostatic Economic Model: Balancing Wages, Prices, and Profits -/- A homeostatic economic model ensures that all components of the economy—wages, prices, profit margins, taxation, and demand—adjust dynamically to maintain stability. The following reforms would create this balance: -/- 1. Wage-Price Equilibrium -/- Wages must be indexed to productivity and inflation, ensuring purchasing power remains stable. -/- Profit-sharing incentives should be standardized, allowing workers to benefit from company success. -/- 2. Profit Regulation Without Killing Innovation -/- Essential industries (e.g., healthcare, food, energy) should have profit caps to prevent price exploitation. -/- Businesses that reinvest in worker wages, technology, or sustainability should receive tax breaks. -/- 3. Market Demand and Supply Stability -/- Governments and businesses must collaborate to prevent artificial scarcity and price manipulation. -/- Tax policies should support lower-income groups, ensuring their purchasing power remains intact. -/- 4. Dynamic Feedback Mechanism for Economic Stability -/- Economic decisions must be based on real-time data, avoiding speculation-based policies. -/- Policies should be adjustable based on changes in market conditions, preventing booms and busts. -/- These policies require both national reforms and global cooperation, ensuring that no single country or corporation can disrupt the balance for personal gain. -/- AI as the Key to Homeostatic Economic Balance -/- Maintaining economic balance in real time is too complex for human policymakers alone. This is where artificial intelligence (AI) can play a critical role in: -/- 1. Real-Time Wage and Price Adjustments -/- AI can analyze inflation, productivity, and cost of living to dynamically adjust wages and prices. -/- 2. Profit Optimization Without Exploitation -/- AI can track corporate profits and suggest profit-reinvestment policies that benefit workers and society. -/- 3. Smart Taxation and Wealth Redistribution -/- AI-driven progressive taxation models ensure fair wealth distribution while preventing economic stagnation. -/- 4. Market Demand and Supply Optimization -/- AI can predict consumer demand shifts and help businesses adjust production to prevent shortages or oversupply. -/- 5. Global Trade and Resource Management -/- AI can analyze trade patterns to ensure fair pricing and sustainable resource allocation worldwide. -/- 6. Public Awareness and Education -/- AI can identify economic misconceptions and suggest educational initiatives to promote financial literacy. -/- For AI to function effectively in this role, it must operate under ethical and decentralized governance to serve humanity rather than corporate or political interests. -/- Ensuring AI Remains Open-Source and Decentralized -/- To prevent AI from being misused as a tool of economic control, its development and governance must follow these principles: -/- 1. Open-Source AI for Economic Balance -/- AI models should be transparent and publicly auditable to prevent hidden biases. -/- Developers from multiple disciplines should contribute to ensure fairness and accuracy. -/- 2. Decentralized Governance Model -/- AI should be managed through global economic councils, not a single government or corporation. -/- Blockchain technology can ensure transparency in AI-driven economic decisions. -/- 3. Ethical Safeguards Against Manipulation -/- AI decisions should prioritize sustainability and human well-being over profit. -/- Economic policies should be auditable in real-time by independent researchers and civil organizations. -/- Failsafe mechanisms must prevent AI from implementing harmful policies due to data misinterpretation. -/- By ensuring AI-driven economic balance is open-source, decentralized, and ethically governed, it can create a self-correcting system that prevents economic crises, stabilizes wealth distribution, and ensures long-term prosperity. -/- Implementation Strategy: Gradual Reform Leading to Systemic Change -/- Since economic transition cannot happen overnight, a phased approach is necessary: -/- Phase 1: National-Level Reforms -/- 1. Implement wage-price indexing and profit-sharing policies. -/- 2. Reduce corporate taxes for businesses that reinvest in workers and sustainability. -/- 3. Introduce regulated price stabilization for essential goods. -/- Phase 2: Global Economic Integration -/- 1. Establish international economic councils to guide balance-driven policies. -/- 2. Reform global trade agreements to prioritize fair wages and sustainability. -/- 3. Create a universal economic sustainability index to track progress. -/- Phase 3: AI-Governed Dynamic Economic System -/- 1. Develop real-time AI monitoring for wage-price adjustments. -/- 2. Implement AI-driven smart taxation to prevent wealth inequality. -/- 3. Ensure AI operates under decentralized, transparent governance. -/- Conclusion: The Future of an AI-Driven Balanced Economy -/- By integrating AI with economic policy, we can create a self-regulating economic system that follows the universal law of balance, preventing both extreme poverty and extreme wealth accumulation. This homeostatic economic model ensures that profits, wages, prices, and demand remain in equilibrium, fostering sustainable prosperity for all. -/- . (shrink)

This research examines the implications of religious moderation on interfaith marriages in the city of Manado. The method used is qualitative with a case study approach; data collection is through observation, interviews, and documentation, which is then processed using the triangulation method. The findings show that religious moderation indirectly influences the sustainability of interfaith marriages in Manado. The implications are realized in the form of religious moderation, which aims to eliminate or minimize violence in the name of religion and uphold (...) diversity through upholding the values of tolerance, thereby increasing guarantees for the continuity of interfaith marriages. These implications become more complex than the laws governing interfaith marriages, especially the Marriage Law (UU Number 16 of 2019) and the Compilation of Islamic Law (KHI). The implications of religious moderation in interfaith marriages underscore the need for legal transformation that recognizes religious diversity as a social asset, encourages interreligious dialogue, and ensures that legal regulations do not hinder individual religious freedom. Encouraging policy reforms that respect differences in beliefs is crucial in creating inclusive spaces and respecting human rights in interfaith marriages. (shrink)

The Universal Law of Balance: The Key to Understanding Free Will and Human Decision-Making -/- For centuries, the concept of free will has remained an unsolved mystery. Philosophers, scientists, and theologians have debated whether human beings truly have the power to make independent choices or whether their decisions are predetermined by external forces. Despite these discussions, no universally accepted solution has emerged—until now. -/- The key to solving the problem of free will lies in recognizing that all decision-making follows a (...) fundamental natural law: the Universal Law of Balance. This law governs not only the physical world but also human consciousness and social systems. By understanding how balance shapes our thoughts, choices, and actions, we can eliminate confusion about free will and create a more rational, stable, and just society. -/- Understanding the Universal Law of Balance -/- The Universal Law of Balance states that everything in nature operates within a dynamic equilibrium. Whether we look at ecosystems, physics, economics, or psychology, balance is the governing principle that maintains stability and prevents collapse. -/- In Nature: Ecosystems regulate themselves. If one species becomes too dominant, natural mechanisms restore balance. -/- In Physics: Newton’s Third Law states that every action has an equal and opposite reaction, demonstrating balance in forces. -/- In Economics: Markets function based on supply and demand—imbalances lead to inflation, recession, or economic crashes. -/- In Human Behavior: Emotional states fluctuate based on internal and external conditions, always seeking equilibrium. -/- These examples show that balance is not just a concept—it is an inescapable law of existence. Human thought and decision-making are no exception. -/- How the Law of Balance Governs Free Will -/- Many people believe that free will means making choices completely free of external influence. However, this is a misconception. Every decision a person makes is a response to an imbalance—whether it is a biological need (hunger leading to eating), a social pressure (conforming to norms), or an emotional reaction (seeking comfort when sad). -/- Thus, free will is not absolute but operates within the constraints of balance. Instead of making completely random choices, the human mind is constantly processing feedback from the internal self (thoughts, emotions, desires) and the external world (society, culture, circumstances). Every action is a means of restoring, maintaining, or disrupting balance. -/- For example: -/- A government that ignores economic inequality will face social unrest as balance is naturally restored through protests or revolution. -/- A person who overworks without rest will experience burnout, forcing them to slow down. -/- A company that prioritizes profit over sustainability will eventually face economic collapse due to resource depletion. -/- The Universal Formula reveals that decision-making is not random or purely independent—it follows the patterns of natural balance. -/- Why Ignoring Balance Leads to Crisis -/- Throughout history, civilizations have risen and fallen based on whether they understood and applied the principles of balance. Societies that pursued unregulated expansion, wealth concentration, or environmental exploitation eventually collapsed due to the inevitable consequences of imbalance. -/- Today, many global crises—from economic inequality to climate change—are the result of decisions that violate natural balance. Political systems that concentrate power, financial models based on infinite growth, and extreme ideological conflicts all stem from a failure to recognize that balance is necessary for long-term stability. -/- By understanding and applying the Universal Formula, individuals and leaders can prevent crises before they occur. Instead of reacting to problems after they arise, societies can use balance-based decision-making to anticipate and correct imbalances proactively. -/- Applying the Universal Formula in Education, Leadership, and Society -/- If the Universal Law of Balance is truly the foundation of decision-making, it must be integrated into education, governance, and social systems. -/- 1. Education Reform: Schools should teach students how all subjects are interconnected through balance—whether in science, economics, or ethics. Instead of memorization, students should learn systems thinking and how to apply balance-based reasoning in real-world scenarios. -/- 2. Leadership and Governance: Governments should create dynamic policies that adjust based on real-time feedback, preventing economic, political, and environmental instability. Leaders should be trained to make decisions based on natural equilibrium rather than ideology or short-term interests. -/- 3. Personal and Social Development: Individuals should apply balance-based decision-making in relationships, career choices, and daily life. Recognizing that emotions, actions, and social interactions all function as feedback loops can help people make more rational, stable, and fulfilling choices. -/- The Path Forward: A Balanced Future -/- The Universal Formula is not just a philosophical idea—it is a practical tool that can transform human decision-making at all levels. If individuals and societies embrace this knowledge, the future will be more stable, just, and sustainable. If balance continues to be ignored, crises will persist. -/- The time has come for a new way of thinking, one that moves beyond outdated debates about free will and embraces the fundamental truth of balance. Understanding this principle is not just an intellectual exercise—it is the key to shaping the future of humanity. -/- The question is no longer whether this knowledge is correct—the question is: Will humanity recognize and apply it before it is too late? -/- . (shrink)

Many wrongly believe that emotion plays little or no role in legal reasoning. Unfortunately, Langdell and his “scientific” case method encourage this error. A careful review of analysis in the real world, however, belies this common belief. Emotion can be cognitive, and cognition can be emotional. Additionally, modern neuroscience underscores the “co-dependence” of reason and emotion. Thus, even if law were a certain science of appellate cases (which it is not), emotion could not be torn from such “science.” -/- As (...) we reform legal education, we must recognize the role of cognitive emotion in law and legal analysis. If we fail to do this, we shortchange law schools, students, and the bar in grievous ways. We shortchange the very basics of true and best legal analysis. We shortchange at least half the universe of expression (the affective half). We shortchange the importance of watching and guarding the true interests of our clients, which interests are inextricably intertwined with affective experience. We shortchange the importance of motivation in law, life, and legal education. How can lawyers understand the motives of clients and other relevant parties without understanding the emotions that motivate them? How can lawyers hope to persuade judges, other advocates, or parties across the table in a transaction without grasping affective experience that motivates them? How can law professors fully engage students while ignoring affective experience that motivates students? Finally, we shortchange matters of life and death: emotions affect health and thus the very vigor of the bar. -/- Using insights from practice, modern neuroscience, and philosophy, I therefore explore emotion and other affective experience through a lawyer’s lens. In doing this, I reject claims that emotion and other affective experience are mere feeling (though I do not discount the importance of feeling). I also reject claims that emotion and other affective experience are necessarily irrational or beyond our control. Instead, such experience is often intentional and quite rational and controllable. After exploring law and affective experience at more “macro” levels, I consider three more specific examples of the interaction of law and emotion: (i) emotion, expression, and the first amendment, (ii) emotion in legal elements and exceptions, and (iii) emotion and lawyer mental health. To provide lawyers and legal scholars with a “one-source” overview of emotion and the law, I have also included an Appendix addressing a number of particular emotions. -/- Keywords: Emotion, Cognitive Emotion, Reason, Logos, Pathos, Legal Analysis, Legal Reasoning, Neuroscience, Philosophy, Persuasion, Rhetoric, Expression, First Amendment, Free Speech, Common Law Murder, Mental Health, NAACP v. McCrory, Anger, Contempt, Disgust, Hate, Malice. (shrink)

In 2008 Robert Lovato coined the phrase Juan Crow. Juan Crow is a type of policy or enforcement of immigration laws that discriminate against Latino/as in the United States. This essay looks at the implications this phenomenon has for an ethics of immigration. It argues that Juan Crow, like its predecessor Jim Crow, is not merely a condemnation of federalism, but of any immigration reform that has stricter enforcement as one of its key components. Instead of advocating for increased (...) enforcement, I want to suggest that just immigration reform must adhere to two standards, equality of burdens and universal protections, and that only by doing so can the potential for Juan Crow be adequately avoided. (shrink)

The Universal Law of Balance as the Key to Ethical AI and Internet Governance -/- The rapid advancement of internet technology and artificial intelligence (AI) has brought unprecedented opportunities for innovation, communication, and economic growth. However, the dominant profit-driven model of capitalism has also led to severe imbalances, particularly in the spread of black propaganda and misinformation. These issues arise because many websites, apps, and AI systems prioritize engagement and revenue over truth and societal well-being. If left unchecked, these imbalances (...) can distort human decision-making, manipulate public opinion, and destabilize societies. To correct this, the principles of the universal law of balance must be applied to both internet governance and AI development. A transition to a socialist or mixed economic system may be necessary to ensure that technological progress aligns with ethical and natural laws. -/- The Problem: Profit Motive and the Spread of Misinformation -/- In today’s digital economy, many technology companies generate revenue through engagement-based advertising. This creates a powerful incentive for social media platforms, news aggregators, and AI-driven content generators to promote sensational, misleading, or emotionally charged content—often at the expense of truth. Black propaganda, misinformation, and divisive narratives thrive in such an environment because they capture attention and increase user interaction. As a result, companies continue to profit while the public becomes more misinformed, leading to societal instability. -/- From the perspective of the universal law of balance, this system is defective. Just as a machine with faulty components will eventually break down, a society built on distorted information cannot function properly. For stability to be restored, the design of internet algorithms, content moderation policies, and economic incentives must be realigned with natural balance principles. -/- The Solution: A Balanced Economic Model for AI and Internet Governance -/- To address these systemic flaws, a shift away from pure capitalism toward a socialist or mixed economic system is necessary. This approach would introduce ethical guidelines, regulatory oversight, and alternative business models that prioritize balance over profit maximization. Some key solutions include: -/- 1. Regulated AI and Algorithms – Governments and international organizations should enforce ethical AI policies that prioritize factual, balanced content over engagement-driven misinformation. AI systems must be designed to detect and filter black propaganda while maintaining free speech. -/- 2. Publicly Funded Information Platforms – Just as public broadcasting services like BBC and PBS exist to provide reliable news, governments or independent organizations should develop non-profit digital platforms where truth and ethical journalism are prioritized. -/- 3. Accountability Measures for Tech Companies – Heavier fines, stricter regulations, and legal consequences for companies that knowingly spread misinformation could discourage profit-driven manipulation. -/- 4. Alternative Revenue Models – Encouraging subscription-based or non-profit AI platforms could reduce reliance on engagement-driven advertising, minimizing the incentive for misinformation. -/- 5. International Collaboration – The UN, World Economic Forum, or a new global body should establish a universal framework for AI ethics, ensuring all nations regulate technology in a way that aligns with the universal law of balance. -/- By restructuring the digital economy with these principles, internet governance can function more like a self-correcting natural system, reducing errors and restoring social stability. -/- AGI and the Universal Law of Balance -/- Beyond internet governance, the universal law of balance is also crucial for AGI development. If AGI is designed purely for corporate profit or national interests, it will likely be used for economic exploitation, political control, or even large-scale misinformation campaigns. However, if AGI is built on the principles of balance, it can serve as a force for truth and ethical decision-making. -/- An AGI aligned with the universal formula would: -/- Validate Information Using Natural Laws – Assess the accuracy of information based on objective, universal principles, rejecting misinformation. -/- Prevent Exploitation – Detect and counter propaganda, ensuring AI is not misused by corporations or governments. -/- Optimize Human Progress – Enhance decision-making for individuals and leaders, fostering rational and ethical societal development. -/- Self-Correct and Adapt – Continuously refine its understanding, eliminating systemic biases over time. -/- For AGI to truly function as a rational, human-level intelligence, it must be programmed with the universal law of balance. This will ensure that AI operates in harmony with nature and truth, rather than as a tool for profit-driven deception. -/- The Need for Global Political Will -/- The transition to a balanced internet and AI system will not happen voluntarily. Many governments and corporations benefit from misinformation and may resist ethical changes that limit their influence. Therefore, global political pressure is necessary to enforce these reforms. The UN, national governments, and independent oversight bodies must develop the political will to regulate AI and internet technology according to natural laws. Without this effort, profit-driven systems will continue to create instability, misinformation, and societal decay. -/- To prevent this, AI researchers, policymakers, and global institutions must adopt the universal formula as the guiding principle for future technological developments. Only by restoring balance—both in information systems and economic models—can AI and digital technology serve humanity rather than manipulate it. -/- Conclusion -/- The current digital economy, driven by profit at all costs, has created a system where misinformation spreads unchecked, causing severe societal imbalances. The universal law of balance offers a solution by ensuring that AI and internet technology function without defects or errors, just like any other natural system. To achieve this, a transition to a socialist or mixed economic model is necessary, along with strict regulations and ethical oversight. -/- Furthermore, AGI must be programmed with the universal formula to prevent it from becoming another tool for manipulation. If governments, the UN, and AI researchers embrace this framework, technology can be realigned with truth, ethical governance, and natural balance—leading to a more stable and just society. -/- . (shrink)

In "Torts, Egalitarianism and Distributive Justice" , Tsachi Keren-Paz presents impressingly detailed analysis that bolsters the case in favour of incremental tort law reform. However, although this book's greatest strength is the depth of analysis offered, at the same time supporters of radical law reform proposals may interpret the complexity of the solution that is offered as conclusive proof that tort law can only take adequate account of egalitarian aims at an unacceptably high cost.

The prosecution of international crimes is a challenge both under international and domestic law. Taking the example of international criminal law (ICL) , the fullest realization of its objectives is influenced by many factors including; (a) the adoption of appropriate laws by states, (b) the adequacy of the ICL framework on definitions of crimes and principles of criminal responsibility, (c) the level of political control and involvement in decision making related to investigation, prosecution or extradition, (d) Problems with exclusion including (...) restrictions on the rights of victims with regard to the proceedings and to reparation, and (e) The application of provisions for amnesties and similar measures of impunity. -/- Over the years, the mandate of States under ICL has expanded. Key reforms under ICL and domestic laws have been led by the above mentioned concerns. The scope of state obligations, in particular, has been shaped by the standards adopted under the ICL framework including the "duty to prosecute" international crimes. The article discusses the normative significance of the "duty to prosecute". (shrink)

Kant infamously opposes not only revolution but also any resistance or disobedience by citizens that aims to compel states to reform themselves. This paper argues that, in fact, the Kantian account of the legitimate state has the resources for a distinctive justification of principled disobedience, including even violent or destructive resistance, that applies to citizens of contemporary Western democracies. When a state fails to enforce the law equally, this lack of equal enforcement can deprive some citizens of the equal (...) assurance of the security of their rights that, on the Kantian account, forms part of the very basis of the state’s claim of legitimate authority. This failure of equal enforcement of the law will thus be a defect of legitimacy and, as a result, those citizens may engage not only in civil disobedience but also in uncivil disobedience, even violent or destructive resistance, in order to compel the state to reform itself. In this context, such disobedience or resistance will count as furthering rather than undermining the project of governance by legitimate law. (shrink)

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

In the first ever commentary on the Groundwork, one of Kant’s earliest critics, Gottlob August Tittel, argues that the categorical imperative is not a new principle of morality, but merely a new formula. This objection has been unjustly neglected in the secondary literature, despite the fact that Kant explicitly responds to it in a footnote in the second Critique. In this paper I seek to offer a thorough explanation of both Tittel’s ‘new formula’ objection and Kant’s response to it, as (...) well as illustrate its significance. I argue that the objection is in fact the third step in a line of argument that Tittel presents in his commentary, and that the objection is best understood within this context. I analyze Kant’s response in the second Critique footnote line-by-line so as to show that Kant both clarifies that it was never his aim to offer a new principle, but only ‘establish’ the principle that common human reason already implicitly employs. Furthermore, I show that Kant uses the opportunity to clarify the sense in which the categorical imperative is a ‘formula [Formel]’, namely as a representation of a complicated and abstract principle, like the moral law, in a way that is easier to understand and apply. I conclude by illustrating the fourth step in Tittel’s line of argument, which makes the overall significance of the ‘new formula’ objection clear: for Tittel, the problem is not that Kant seems to be offering merely a new formula, but that the categorical imperative lacks a foundation. (shrink)

This article is part of a symposium on Bruce Cain's "Democracy More or Less: America’s Political Reform Quandary." It identifies the basic normative framework of Cain's skeptical "reform pluralism" as a form of democratic instrumentalism rather than political realism, and then argues that a more optimistic instrumentalist alternative is available. The instrumentalist can accept that more democracy need not entail better democracy. But the instrumentalist account of better democracy also gives us reason to believe that significant reform (...) efforts remain worth pursuing, for the simple reason that some of them have worked in the past. (shrink)

This article draws upon the civic republican tradition to offer new conceptual resources for the normative assessment of mental capacity law. The republican conception of liberty as non-domination is used to identify ways in which such laws generate arbitrary power that can underpin relationships of servility and insecurity. It also shows how non-domination provides a basis for critiquing legal tests of decision-making that rely upon ‘diagnostic’ rather than ‘functional’ criteria. In response, two main civic republican strategies are recommended for securing (...) freedom in the context of the legal regulation of psychological disability: self-authorisation techniques and participatory shaping of power. The result is a series of proposals for the reform of decisional capacity law, including a transition towards purely functional assessment of decisional capacity, surer legal footing for advanced care planning, and greater control over the design and administration of decision-making capacity laws by those with psychological disabilities. (shrink)

The paper aims at finding a way out of deadlocks in Malthus scholarship concerning his relationship to utilitarianism. The main claim is that Malthus viewed his own population theory and political economy as Hifsdisziplinen to moral and political philosophy, that is, empirical enquiries required in order to be able to pronounce justified value judgments on such matters as the Poor Laws. On the other hand, Malthus’s population theory and political economy were no value-free science and his policy advice – far (...) from being “utilitarian” – resulted from his overall system of ideas and was explicitly based on a set of traditional moral assumptions. These in turn were justified by a peculiar meta-ethical theory, which has been named in a somewhat improper way “theological utilitarianism” and which I propose to name instead “consequentialist voluntarism”. The issue of poverty and its remedies is the one where Malthus’s peculiar approach, once applied to a real-world issue, displays it potentialities, yielding a kind of policy-advice that is softer and more flexible than the one that may be drawn from Benthamite utilitarianism. The reconstruction shows how, through subsequent approximations and under pressure of critics, Malthus yields finally a kind of Institutional approach to policies concerning poverty, making room for generalized basic education, free markets for labour and for corn, colonies, and private beneficence. Such a mix of policies should bring about for the lower classes of society “the means of being respectable, virtuous and happy”. -/- . (shrink)