• Law

Legal Personhood: Animals, Artificial Intelligence and the Unborn


Author: Visa A.J. Kurki,Tomasz Pietrzykowski
Publisher: Springer
ISBN: 3319534629
Category: Law
Page: 158
View: 4952
This edited work collates novel contributions on contemporary topics that are related to human rights. The essays address analytic-descriptive questions, such as what legal personality actually means, and normative questions, such as who or what should be recognised as a legal person. As is well-known among jurists, the law has a special conception of personhood: corporations are persons, whereas slaves have traditionally been considered property rather than persons. This odd state of affairs has not garnered the interest of legal theorists for a while and the theory of legal personhood has been a relatively peripheral topic in jurisprudence for at least 50 years. As readers will see, there have recently been many developments and debates that justify a theoretical investigation of this topic. Animal rights activists have been demanding that some animals be recognized as legal persons. The field of robotics has prompted questions about driverless cars: should they be granted a limited legal personality, so that the car itself would be responsible for damages? This book explores such concepts and touches on matters of bioethics, animal law and medical law. It includes matters of legal history and appeals to both legal scholars and philosophers, especially those with an interest in theories of law and the philosophy of law.

    • Law

Aristotle on Emotions in Law and Politics


Author: Liesbeth Huppes-Cluysenaer,Nuno M.M.S. Coelho
Publisher: Springer
ISBN: 3319667033
Category: Law
Page: 473
View: 5877
In this book, experts from the fields of law and philosophy explore the works of Aristotle to illuminate the much-debated and fascinating relationship between emotions and justice. Emotions matter in connection with democracy and equity – they are relevant to the judicial enforcement of rights, legal argumentation, and decision-making processes in legislative bodies and courts. The decisive role that emotions, feelings and passions play in these processes cannot be ignored – not even by those who believe that emotions have no legitimate place in the public sphere. A growing body of literature on these topics recognizes the seminal insights contributed by Aristotle. This book offers a comprehensive analysis of his thinking in this context, as well as proposals for inspiring dialogues between his works and those written by a selection of modern and contemporary thinkers. As such, the book offers a valuable resource for students of law, philosophy, rhetoric, politics, ethics and history, but also for readers interested in the ongoing debate about legal positivism and the relevance of emotions for legal and political life in today’s world.

    • Law

Legal Fictions in Theory and Practice


Author: Maksymilian Del Mar,William Twining
Publisher: Springer
ISBN: 3319092324
Category: Law
Page: 413
View: 2164
This multi-disciplinary, multi-jurisdictional collection offers the first ever full-scale analysis of legal fictions. Its focus is on fictions in legal practice, examining and evaluating their roles in a variety of different areas of practice (e.g. in Tort Law, Criminal Law and Intellectual Property Law) and in different times and places (e.g. in Roman Law, Rabbinic Law and the Common Law). The collection approaches the topic in part through the discussion of certain key classical statements by theorists including Jeremy Bentham, Alf Ross, Hans Vaihinger, Hans Kelsen and Lon Fuller. The collection opens with the first-ever translation into English of Kelsen’s review of Vaihinger’s As If. The 17 chapters are divided into four parts: 1) a discussion of the principal theories of fictions, as above, with a focus on Kelsen, Bentham, Fuller and classical pragmatism; 2) a discussion of the relationship between fictions and language; 3) a theoretical and historical examination and evaluation of fictions in the common law; and 4) an account of fictions in different practice areas and in different legal cultures. The collection will be of interest to theorists and historians of legal reasoning, as well as scholars and practitioners of the law more generally, in both common and civil law traditions.

    • Law

Kelsenian Legal Science and the Nature of Law


Author: Peter Langford,Ian Bryan,John McGarry
Publisher: Springer
ISBN: 3319518178
Category: Law
Page: 320
View: 2408
This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space for a range of established European scholars to engage with the influential work of this Austrian jurist, legal philosopher, and political philosopher. The introduction provides a thematization of the Kelsenian notion of law as a legal science. Divided into six parts, the chapter contributions feature distinct levels of analysis. Overall, the structure of the book provides a sustained reflection upon central aspects of Kelsenian legal science and the nature of law. Parts one and two examine the validity of the project of Kelsenian legal science with particular reference to the social fact thesis, the notion of a science of positive law and the specifically Kelsenian concept of the basic norm (Grundnorm). The next three parts engage in a critical analysis of the relationship of Kelsenian legal science to constitutionalism, practical reason, and human rights. The last part involves an examination of the continued pertinence of Kelsenian legal science as a theory of the nature of law with a particular focus upon contemporary non-positivist theories of law. The conclusion discusses the increasing distance of contemporary theories of legal positivism from a Kelsenian notion of legal science in its consideration of the nature of law.

    • Law

Personhood Beyond Humanism

Animals, Chimeras, Autonomous Agents and the Law
Author: Tomasz Pietrzykowski
Publisher: Springer
ISBN: 3319788817
Category: Law
Page: 115
View: 3116
This book explores the legal conception of personhood in the context of contemporary challenges, such as the status of non-human animals, human-animal biological mixtures, cyborgisation of the human body, or developing technologies based on artificial autonomic agents. It reveals the humanistic assumptions underlying the legal approach to personhood and examines the extent to which they are undermined by current and imminent scientific and technological advances. Further, the book outlines an original conception of non-personal subjecthood so as to provide adequate normative solutions for the problematic status of sentient animals and other kinds of entities. Arguably, non-personal subjects of law should be regarded as holding one right, and only one right - the right to be taken into account.

    • Law

The Legal Order

Studies in the Foundations of Juridical Thinking
Author: Åke Frändberg
Publisher: Springer
ISBN: 3319788582
Category: Law
Page: 333
View: 4677
In this monograph a fundamental distinction is made between law and juridical thinking. Law is the content of legal rules and the systems of legal rules. Juridical thinking is the handling of the law by the lawyers. To this distinction corresponds a basic distinction between the language of law and the language of juridical thinking, and correlatively, between L-concepts (law concepts) and J-concepts (juridical or jurisprudential concepts). The monograph is devoted to the J-concepts, especially of technical (not ideological or evaluative) J-concepts. Four kinds of J-concepts are investigated: morphological J-concepts, those that help us to structure the law in a logical and functional way; topological J-concepts, those that help us to indicate the phenomena to which the law is applicable, and to separate the areas of application for different legal systems; praxeological J-concepts, those that help us to explore the relations between law and action, and methodological J-concepts, those that help us to describe the methods of the professional-juridical handling of the law. The work can be characterised as presenting a lawyer ́s philosophy of law.

    • Law

The Laws of Robots

Crimes, Contracts, and Torts
Author: Ugo Pagallo
Publisher: Springer Science & Business Media
ISBN: 9400765649
Category: Law
Page: 200
View: 4879
This book explores how the design, construction, and use of robotics technology may affect today’s legal systems and, more particularly, matters of responsibility and agency in criminal law, contractual obligations, and torts. By distinguishing between the behaviour of robots as tools of human interaction, and robots as proper agents in the legal arena, jurists will have to address a new generation of “hard cases.” General disagreement may concern immunity in criminal law (e.g., the employment of robot soldiers in battle), personal accountability for certain robots in contracts (e.g., robo-traders), much as clauses of strict liability and negligence-based responsibility in extra-contractual obligations (e.g., service robots in tort law). Since robots are here to stay, the aim of the law should be to wisely govern our mutual relationships.

    • Biography & Autobiography

Life's Work

A Moral Argument for Choice
Author: Willie Parker
Publisher: Simon and Schuster
ISBN: 1501151126
Category: Biography & Autobiography
Page: 224
View: 5489
In Life’s Work, an outspoken, Christian reproductive justice advocate and abortion provider (one of the few doctors to provide such services to women in Mississippi and Alabama) pulls from his personal and professional journeys as well as the scientific training he received as a doctor to reveal how he came to believe, unequivocally, that helping women in need, without judgment, is precisely the Christian thing to do. Dr. Willie Parker grew up in the Deep South, lived in a Christian household, and converted to an even more fundamentalist form of Christianity as a young man. But upon reading an interpretation of the Good Samaritan in a sermon by Dr. Martin Luther King, Jr., he realized that in order to be a true Christian, he must show compassion for all women regardless of their needs. In 2009, he stopped practicing obstetrics to focus entirely on providing safe abortions for the women who need help the most—often women in poverty and women of color—and in the hot bed of the pro-choice debate: the South. He soon thereafter traded in his private practice and his penthouse apartment in Hawaii for the life of an itinerant abortion provider, focusing most recently on women in the Deep South. In Life’s Work, Dr. Willie Parker tells a deeply personal and thought-provoking narrative that illuminates the complex societal, political, religious, and personal realities of abortion in the United States from the unique perspective of someone who performs them and defends the right to do so every day. He also looks at how a new wave of anti-abortion activism, aimed at making incremental changes in laws and regulations state by state, are slowly chipping away at the rights of women to control their own lives. In revealing his daily battle against mandatory waiting periods and bogus rules governing the width of hallways, Dr. Parker uncovers the growing number of strings attached to the right to choose and makes a powerful Christian case for championing reproductive rights.

    • Law

Democratizing Constitutional Law

Perspectives on Legal Theory and the Legitimacy of Constitutionalism
Author: Thomas Bustamante,Bernardo Gonçalves Fernandes
Publisher: Springer
ISBN: 3319283715
Category: Law
Page: 328
View: 675
This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their “deliberative performance” or to create constitutional juries that may be more aware of a community’s constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review.

    • Law

Supervenience and Normativity


Author: Bartosz Brożek,Antonino Rotolo,Jerzy Stelmach
Publisher: Springer
ISBN: 3319610465
Category: Law
Page: 175
View: 4370
The present collection represents an attempt to bring together several contributions to the ongoing debate pertaining to supervenience of the normative in law and morals and strives to be the first work that addresses the topic comprehensively. It addresses the controversies surrounding the idea of normative supervenience and the philosophical conceptions they generated, deserve a recapitulation, as well as a new impulse for further development. Recently, there has been renewed interest in the concepts of normativity and supervenience. The research on normativity – a term introduced to the philosophical jargon by Edmund Husserl almost one hundred years ago – gained impetus in the 1990s through the works of such philosophers as Robert Audi, Christine Korsgaard, Robert Brandom, Paul Boghossian or Joseph Raz. The problem of the nature and sources of normativity has been investigated not only in morals and in relation to language, but also in other domains, e.g. in law or in the c ontext of the theories of rationality. Supervenience, understood as a special kind of relation between properties and weaker than entailment, has become analytic philosophers’ favorite formal tool since 1980s. It features in the theories pertaining to mental properties, but also in aesthetics or the law. In recent years, the ‘marriage’ of normativity and supervenience has become an object of many philosophical theories as well as heated debates. It seems that the conceptual apparatus of the supervenience theory makes it possible to state precisely some claims pertaining to normativity, as well as illuminate the problems surrounding it.

    • LAW

Tolerance

Experiments with Freedom in the Netherlands
Author: C. W. Maris
Publisher: Springer
ISBN: 3319893467
Category: LAW
Page: N.A
View: 4334

    • Philosophy

Consciousness and Moral Status


Author: Joshua Shepherd
Publisher: Routledge
ISBN: 1315396327
Category: Philosophy
Page: 114
View: 6145
It seems obvious that phenomenally conscious experience is something of great value, and that this value maps onto a range of important ethical issues. For example, claims about the value of life for those in Permanent Vegetative State (PVS); debates about treatment and study of disorders of consciousness; controversies about end-of-life care for those with advanced dementia; and arguments about the moral status of embryos, fetuses, and non-human animals arguably turn on the moral significance of various facts about consciousness. However, though work has been done on the moral significance of elements of consciousness, such as pain and pleasure, little explicit attention has been devoted to the ethical significance of consciousness. In this book Joshua Shepherd presents a systematic account of the value present within conscious experience. This account emphasizes not only the nature of consciousness, but also the importance of items within experience such as affect, valence, and the complex overall shape of particular valuable experiences. Shepherd also relates this account to difficult cases involving non-humans and humans with disorders of consciousness, arguing that the value of consciousness influences and partially explains the degree of moral status a being possesses, without fully determining it. The upshot is a deeper understanding of both the moral importance of phenomenal consciousness and its relations to moral status. This book will be of great interest to philosophers and students of ethics, bioethics, philosophy of psychology, philosophy of mind, and cognitive science.

    • Philosophy

Biomedical Ethics and the Law


Author: James M. Humber,Robert F. Almeder
Publisher: Springer Science & Business Media
ISBN: 1468422235
Category: Philosophy
Page: 541
View: 8405
In the past few years an increasing number of colleges and universities have added courses in biomedical ethics to their curricula. To some extent, these additions serve to satisfy student demands for "relevance. " But it is also true that such changes reflect a deepening desire on the part of the academic community to deal effectively with a host of problems which must be solved if we are to have a health-care delivery system which is efficient, humane, and just. To a large degree, these problems are the unique result of both rapidly changing moral values and dramatic advances in biomedical technology. The past decade has witnessed sudden and conspicuous controversy over the morality and legality of new practices relating to abortion, therapy for the mentally ill, experimentation using human subjects, forms of genetic interven tion, suicide, and euthanasia. Malpractice suits abound and astronomical fees for malpractice insurance threaten the very possibility of medical and health-care practice. Without the backing of a clear moral consensus, the law is frequently forced into resolving these conflicts only to see the moral issues involved still hotly debated and the validity of existing law further questioned. In the case of abortion, for example, the laws have changed radically, and the widely pub licized recent conviction of Dr. Edelin in Boston has done little to foster a moral consensus or even render the exact status of the law beyond reasonable question.

    • Law

The Problematics of Moral and Legal Theory


Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674042230
Category: Law
Page: 336
View: 8004
Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, "The Problematics of Moral and Legal Theory" offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.

    • Philosophy

Health, Rights and Dignity

Philosophical Reflections on an Alleged Human Right
Author: Christian Erk
Publisher: Walter de Gruyter
ISBN: 3110319713
Category: Philosophy
Page: 385
View: 6739
The idea that there is such a thing as a human right to health has become pervasive. It has not only been acknowledged by a variety of international law documents and thus entered the political realm but is also defended in academic circles. Yet, despite its prominence the human right to health remains something of a mystery - especially with respect to its philosophical underpinnings. Addressing this unfortunate and intellectually dangerous insufficiency, this book critically assesses the stipulation that health is a human right which - as international law holds - derives from the inherent dignity of the human person. Scrutinising the concepts underlying this stipulation (health, rights, dignity), it shall conclude that such right cannot be upheld from a philosophical perspective.

    • Law

Russian Legal Realism


Author: Bartosz Brożek,Julia Stanek,Jerzy Stelmach
Publisher: Springer
ISBN: 9783319988207
Category: Law
Page: 176
View: 705
This edited volume explores ideas of legal realism which emerge through the works of Russian legal philosophers. Apart from the well-known American and Scandinavian versions of legal realism, there also exists a Russian one: readers will discover fresh perspectives and that the collection of early twentieth century ideas on law discussed in Russia can be understood as a unified school of legal thought – as Russian legal realism. These chapters by renowned European and Eastern European legal philosophers add to ongoing discussions about the nature of law, especially in the context of developments around our scientific knowledge about the mind and behaviour. Analyses of legal phenomena carried out by legal realists in Russia offer novel arguments in favour of embracing psychological and sociological perspectives on the law. The book includes analysis of the St. Petersburg school of legal philosophy and Leon Petrażycki’s psychological theory of law. This original and multifaceted research on Russian realists is of considerable value to an international audience. Researchers and postgraduate students of law, legal theory and legal ethics will find the book particularly appealing, but it will also interest those investigating the philosophy or sociology of law, or legal history.

    • Philosophy

The Machine Question

Critical Perspectives on AI, Robots, and Ethics
Author: David J. Gunkel
Publisher: MIT Press
ISBN: 0262304511
Category: Philosophy
Page: 270
View: 5569
One of the enduring concerns of moral philosophy is deciding who or what is deserving of ethical consideration. Much recent attention has been devoted to the "animal question" -- consideration of the moral status of nonhuman animals. In this book, David Gunkel takes up the "machine question": whether and to what extent intelligent and autonomous machines of our own making can be considered to have legitimate moral responsibilities and any legitimate claim to moral consideration. The machine question poses a fundamental challenge to moral thinking, questioning the traditional philosophical conceptualization of technology as a tool or instrument to be used by human agents. Gunkel begins by addressing the question of machine moral agency: whether a machine might be considered a legitimate moral agent that could be held responsible for decisions and actions. He then approaches the machine question from the other side, considering whether a machine might be a moral patient due legitimate moral consideration. Finally, Gunkel considers some recent innovations in moral philosophy and critical theory that complicate the machine question, deconstructing the binary agent--patient opposition itself. Technological advances may prompt us to wonder if the science fiction of computers and robots whose actions affect their human companions (think of HAL in 2001: A Space Odyssey) could become science fact. Gunkel's argument promises to influence future considerations of ethics, ourselves, and the other entities who inhabit this world.

    • Law

Institutions of Law

An Essay in Legal Theory
Author: Neil MacCormick
Publisher: OUP Oxford
ISBN: 019102175X
Category: Law
Page: 336
View: 5349
Institutions of Law offers an original account of the nature of law and legal systems in the contemporary world. It provides the definitive statement of Sir Neil MacCormick's well-known 'institutional theory of law', defining law as 'institutional normative order' and explaining each of these three terms in depth. It attempts to fulfil the need for a twenty-first century introduction to legal theory marking a fresh start such as was achieved in the last century by H. L. A. Hart's The Concept of Law. It is written with a view to elucidating law, legal concepts, and legal institutions in a manner that takes account of current scholarly controversies but does not get bogged down in them. It shows how law relates to the State and civil society, establishing the conditions of social peace and a functioning economy. In so doing, it takes account of recent developments in the sociology of law, particularly 'system theory'. It also seeks to clarify the nature of claims to 'knowledge of law' and thus indicate the possibility of legal studies having a genuinely 'scientific' character. It shows that there is an essential value-orientation of all work of this kind, so that valid analytical jurisprudence not merely need not, but cannot, be 'positivist' as that term has come to be understood. Nevertheless, it is explained why law and morality are genuinely distinct by virtue of the positive character of law contrasted with the autonomy that is foundational for morality.

    • Philosophy

Philosophy and Law

Contributions to the Understanding of Maimonides and His Predecessors
Author: Leo Strauss
Publisher: SUNY Press
ISBN: 9780791419755
Category: Philosophy
Page: 157
View: 1026
A groundbreaking study of the political philosophy of Maimonides and his Islamic predecessors.

    • Law

The Future of Drone Use

Opportunities and Threats from Ethical and Legal Perspectives
Author: Bart Custers
Publisher: Springer
ISBN: 9462651329
Category: Law
Page: 386
View: 5773
Given the popularity of drones and the fact that they are easy and cheap to buy, it is generally expected that the ubiquity of drones will significantly increase within the next few years. This raises questions as to what is technologically feasible (now and in the future), what is acceptable from an ethical point of view and what is allowed from a legal point of view. Drone technology is to some extent already available and to some extent still in development. The aim and scope of this book is to map the opportunities and threats associated with the use of drones and to discuss the ethical and legal issues of the use of drones. This book provides an overview of current drone technologies and applications and of what to expect in the next few years. The question of how to regulate the use of drones in the future is addressed, by considering conditions and contents of future drone legislation and by analyzing issues surrounding privacy and safeguards that can be taken. As such, this book is valuable to scholars in several disciplines, such as law, ethics, sociology, politics and public administration, as well as to practitioners and others who may be confronted with the use of drones in their work, such as professionals working in the military, law enforcement, disaster management and infrastructure management. Individuals and businesses with a specific interest in drone use may also find in the nineteen contributions contained in this volume unexpected perspectives on this new field of research and innovation. Bart Custers is Associate Professor and Head of Research at eLaw, the Center for Law and Digital Technologies at Leiden University, The Netherlands. He has presented his work at international conferences in the United States, China, Japan, the Middle East and throughout Europe and has published over 80 scientific, professional and popularizing publications, including three books.