bluuebunny/crossref_metadata_2025 huggingface dataset:
Policies to Cut Unemployment
Authors: Layard Richard , Nickell Stephen , Jackman Richard
Published: October 2011

Unemployment will fail if unemployment benefits are of limited duration and subject to greater job-search tests. But there is also a strong efficiency case for active manpower policies produced to improve the employability of unemployed people. Without active manpower policies, harsh benefit regimes have unwanted distributional effects. Where unions are pervasive, there is a great case for co-ordinated wage-bargaining to overcome the externalities abundant under a decentralized system. Where wage pressure remains excessive, a tax-based policy should be taken into consideration.
Logical Consequence
Authors: Beall JC
Published: October 2011

This chapter explores the concept of logical consequence and defends logical pluralism. Logic, in the core tradition, involves the study of formal languages. However, the primary aim is to consider such languages as interpreted: languages which may be used either directly to make assertions and denials, or to analyse natural languages. Logic, whatever it is, must be a tool useful for the analysis of the inferential relationships between premises and conclusions expressed in arguments actually employed. If a discipline does not manage this, it cannot claim to be logic in its traditional sense. Many different basic units of evaluation have been taken to be the components of arguments: assertions, judgements, claims, utterances, interpreted sentences, sentences in contexts-of-use and propositions have all been singled out as the right kinds of things for logic to take as its raw material. Three features of logical consequence are necessity, normativity, and formality.
The Emergence of Generalized Quantifiers in Modern Logic
Authors: Peters Stanley
Published: October 2011

This chapter presents a semantic tool, the concept of a (generalised) quantifier introduced by logicians in the mid-20th century. Logicians call these objects ‘generalised’ quantifiers, since they were originally generalisations of the universal and the existential quantifiers from first-order logic. But once the naturalness and the ubiquity of the concept is appreciated, it becomes natural to drop the qualification, and just call them quantifiers. After a brief presentation of the syntax and semantics of first-order predicate logic, Andrzej Mostowski's concept of a quantifier is discussed, along with Per Lindstrom's general concept. This chapter also sketches another way to generalise the standard logical quantifiers, originally due to Leon Henkin, in terms of branching or partially ordered prefixes of these quantifiers.
Exceptive Quantifiers
Authors: Peters Stanley
Published: October 2011

Exception phrases often consist of an exceptive marker and a noun phrase. Though these markers all have to do with making exceptions, they differ somewhat in their semantic properties. This chapter focuses on English and on its presumably most typical exceptive marker: except. Except can be inserted in sentences in several different positions. The distinction between free and connected exception phrases is discussed. This chapter also casts some doubt on the so-called Inclusion Condition and the Negative Condition (in its various versions), arguing that these are often too strong, but suggests a principle of exception conservativity that seems to hold generally. The so-called Quantifier Constraint, which says that only the quantifiers every and no admit exceptions, is examined.
Foucault and rationality
Authors: Townley Barbara
Published: October 2011

This chapter begins by presenting the author's reasons for writing this book on rationality. It argues that Foucault's work provides both an entrée into the analysis of rationality and a template with which to approach its use in organization studies. It then provides an excursus into reason and rationality and its modes of expression and use in organization studies.
Situational rationality
Authors: Townley Barbara
Published: October 2011

A situational rationality takes issue with the temporal dimension of rational action, the assumption that behaviour is foresightful and that rationality occurs in advance of action. A situational rationality recognizes that action is retrospectively rational. It is the product of action, occurring either concurrently or after, rather than before, action. This is not, however, to assume an ex post facto, retrospective rationalization of events. The second facet of a situational rationality is, as its name implies, the importance of its ‘situatedness’, the situated nature of social action. Rationality is an ongoing accomplishment, achieved through interaction with people and objects in a particular time and setting. A situational rationality is the temporally and spatially located sequential and interactional rationality of daily life. This chapter traces the various dimensions of a situational rationality and how they inform our understanding of organizational action.
Embodied rationality
Authors: Townley Barbara
Published: October 2011

The subject is not only situated, embedded, within a specific context but is also a corporeal, embodied subject. An embodied rationality recognizes that rationality and the knowledge that it informs cannot be divorced from the physical reality of the individual who reasons. An embodied rationality encompasses three dimensions: the body, the emotions, and the ‘irrational’ unconscious. Their locus is the body. Each introduces a different avenue through which an event or circumstance may be rendered rational or reasonable. This chapter outlines the role of each and their place in organization studies.
Introduction to the book
Authors: Venzin Markus
Published: October 2011

This introductory chapter begins with a brief discussion of the emergence of a new era of global banking and insurance. It outlines five of the reasons to study the financial services industry. It then describes the structure of the book. The book provides an overview of how expansionary strategies of financial services firms are impacted by globalization and discusses performance drivers during internationalization processes. It explores and challenges conventional assumptions from the international management literature on topics such as the limits of international expansion, the importance of cultural and institutional distance, the nature of economies of scale and scope, the existence of first mover advantages, the logic behind the global value chain configuration, the speed and timing of market entry, and the organizational architecture.
Picking up the Pieces, 1784–1785
Authors: Lock F.P.
Published: October 2011

This chapter examines the activities and career of British politician Edmund Burke during the period from 1784 to 1785. In the summer of 1784, Burke's career appeared to be heading to an inglorious close, especially after his mentor the Lord Rockingham died. He tried to adjust and in 1783 he was reappointed Paymaster. Though he was again excluded from the cabinet, his second period of office as Paymaster was more rewarding because he was made responsible for an important piece of legislation called Fox's India Bill.
The Making of the Reflections, 1789–1790
Authors: Lock F.P.
Published: October 2011

This chapter discusses the historical background of British politician Edmund Burke's writing of Reflections on the Revolution in France. This book was inspired by his prescient analysis of the taking of the Bastille in 1789. While Burke was still a pariah smarting from the public and private humiliations of the Regency in October 1789, the publication of his book instantly revitalized his career. The book was immediately hailed as a masterpiece in line the works of Aristotle, John Locke, Niccolo Machiavelli, and as a classic of political thought.
Nationality in East-Central Europe: Perception and Definition before 1848
Authors: Evans R. J. W.
Published: October 2011

This chapter presents an essay on the perception and definition of nationality in East and Central Europe before 1848. It explores the political, socio-economic, and intellectual background to the rise of national identity in East-Central Europe and the existence of national allegiances during this period. It also examines the role of the westernized intellectuals who acted both as conduits and as agents of change and formulated cosmopolitan cultural influences as national agendas.
Joseph II and Nationality in the Habsburg Lands
Authors: Evans R. J. W.
Published: October 2011

This chapter presents an essay on the efforts of Joseph II to gain uniform and absolute control of Central Europe in the 1780s. He made two such attempts, which helped generate or catalyse forces of opposition that would reassert regional and provincial autonomies on an increasingly nationalist basis. This chapter also explores the role of Josephinism in intensifying the sense of local and ethnic identity and reveals that most of the supporters of Joseph II were early leaders of movements committed to the propagation of national cultures.
Hungary and the German Lands in the Nineteenth Century
Authors: Evans R. J. W.
Published: October 2011

This chapter presents an essay on the cultural and political relationships and linkages between Hungary and Germany during the 19th century. It chronicles relevant events starting with the last decade of the Old Empire, when Josephinism created controversial notions of statehood and Aufklarung created a new intellectual climate. It explains that the two sides were brought together by liberal and national ideas, which culminated in the entente cordiale between the Frankfurt assembly and the Hungarian parliamentary government in 1848.
Conquest
Authors: Atkinson Alan
Published: October 2011

This chapter examines the meaning, method, and practice of conquest in Australia. It suggests that the continent and islands of Australia were claimed for the British Empire in an interlinked chain of ritual extending over more than fifty years. James Cook hoisted the British flag on Possession Island on August 22, 1770 and claimed the territory he had seen in the name of King George III and this claim was reinforced by the King himself on 12 October 1786. Several other claims were made and settlements established from that moment until 1829, but the actual conquest of the country and its people extended a long time beyond those years.
Settling the Land
Authors: Waterhouse Richard
Published: October 2011

This chapter examines the settlement of British colonies in Australia from 1788. It examines the ways by which rural Australia became tethered to the Empire and evaluates the role of metropolitan forces in providing the economic rationale for an expanding frontier of White colonization. It investigates the rural agencies of Empire-building in Australia and suggests that it was the loss of centralized, imperial control that brought Australia under the control of the Empire.
Art and the Environment: New Visions from Old
Authors: Gray Anne
Published: October 2011

This chapter examines the ways artists have portrayed the Australian landscape, and how this reflects both their own relationship to the environment and that of their society. It analyses how the continuities between European and colonial artistic styles and techniques produced the so-called ‘new visions from old’. It argues that that reliance on imperial borrowings was not the hallmark of an inauthentic, derivative culture but the key to an original vision of Australia’s Empire.
The Limits of Evolutionary Ethics
Authors: Prinz Jesse J.
Published: October 2011

Friedrich Nietzsche's ethical theory has two components: one negative, the other positive. The negative component is his genealogical program. Its primary function is critical and destructive. Nietzsche wanted to undermine deeply held values by exposing their sordid history and base underlying motives. The positive component is captured in Nietzsche's myth of the "bermensch — a being who is capable of living in a world beyond the good and evil dichotomy of contemporary morality. The theme of natural values appears inOn the Genealogy of Morals, where Nietzsche claims that our current values are reactive, or reactionary. This chapter concedes that we are biologically prone to have certain kinds of values, but rejects the notion that there is an innate morality. It also argues that our biological predispositions do not qualify as moral rules without cultural elaboration. Morality is artificial all the way down, and 'evolutionary ethics" is a myth.
Some Advantages of a Crime-free Criminology
Authors: Gottfredson Michael R.
Published: October 2011

In order to answer the question ‘what is criminology?’, it is necessary to first answer the question ‘what is crime?’. If criminology is the scientific study of the causes and consequences of crime, then the first order problem for criminology is to define the proper scope for the field — what might be termed the ‘problem of the dependent variable’. This chapter discusses the following: some key facts about crime and offending, a crime-based theory of crime, behavioural-based versus legal-based (deterrence) theories in criminology, evidence on deterrence and policing on crime, and the future of crime in criminology.
Have I Got News For You? Media, Research, & Popular Audiences
Authors: Mills Linda G.
Published: October 2011

Through three very different stories drawn from distinct intellectual projects, this chapter explores the reliability and ethics of storytelling as a means of popular dissemination of research. It then analyzes the pitfalls and possibilities associated with the efforts taken by scholars to gather those stories. It focuses on both how qualitative research is gathered and the responsibilities that are involved in presenting it.
Sort Crimes, Not Criminals
Authors: Felson Marcus
Published: October 2011

It is easy to make a mess of crime definitions by mixing up two distinct questions: First, what crimes do people commit — before anything is done about them? Second, how does the justice system act after it decides a crime has occurred? The second question brings with it many more complexities: Whether a crime happened this time; whether this person did it; whether the accused are treated equally by the justice system; and how people in different places and times act or do nothing. This chapter seeks to answer only the first question — what crime is before something is done about it.
Studying Desistance From Crime: Where Quantitative Meets Qualitative Methods
Authors: Paternoster Raymond , Bushway Shawn
Published: October 2011

This chapter argues that qualitative and quantitative data are equally useful in the scientific enterprise that is criminology. Both types of data can, and should be, used to test theoretical claims deductively. Both types of data can and should be used to generate insight inductively into the types of theories that might be useful in the first place. Neither type of data is inherently better than the other, and analysts that specialize in one type of research should not act as if they are engaged in a separate and distinct exercise from those who specialize in the other. Ideally, both types of data can be used to test the theoretical implications generated by theory in the same analytical work. But, it is a mistake if qualitative data are used simply to highlight insights generated by the quantitative data. It would be equally problematic if quantitative data were used simply to support, rather than test, the findings from qualitative data.
Why Can't Criminology be More Like Medical Research?: Be Careful What You Wish For
Authors: Maruna Shadd , Barber Charles
Published: October 2011

This chapter focuses on the intersection between criminology and psychiatry. There is a large movement afoot to make criminological research more akin to a version of the medical model found in psychiatry. But a review of research and practice in psychiatry suggests that that psychiatry might have as much to gain from criminological research traditions as the other way around.
Visions of Global Control: Cosmopolitan Aspirations in a World of Friction
Authors: Franko Aas Katja
Published: October 2011

This chapter reflects on the growing cross-border scope of criminological scholarship from a perspective of the sociology of knowledge. What kind of knowledge is being produced by the move into the exterior? What are the social contexts in which it is produced and, more importantly, in which is it being applied? Who is providing its paradigms and how is it constituted by power/knowledge relations? Moreover, what is criminology's relationship to law and its increasingly global reach?
1 Assessing the Impact of the International Criminal Tribunal for the Former Yugoslavia: Balancing International and Local Interests While Doing Justice
Authors: King Kimi L , Meernik James D
Published: October 2011

This chapter conceptualizes the ICTY as a judicial institution whose justice affects international and local (former Yugoslavia) sets of stakeholders. If an evaluation is to be conducted on the impact of the ICTY, the competing tensions and difficulties the Tribunal faces in advancing its mission given the diverse interests of these constituencies must be understood. The chapter argues that because of institutional, political, and practical necessities inherent in its very nature and limits of its powers, the ICTY is not able to respond primarily to affect the interests of its constituents in the former Yugoslavia. Rather, the UN mandate, its statute, and Rules of Procedure and Evidence were instead designed according to the extant status and limitations of international law rather than the demands of local communities. It also argues and finds, through an analysis of issues pertaining to sentencing, that when there are conflicts of interest between the international and the local, the former more often tends to see its interests upheld by the ICTY.
3 The ICTY as a Laboratory of International Criminal Procedure
Authors: Whiting Alex
Published: October 2011

This chapter discusses the rules of procedure and evidence at the ICTY which have developed through experimentation and experience. By design or accident, the rules at the beginning of the ICTY left many questions unanswered and allowed for easy amendment. Over the years, judges have repeatedly amended the rules to reflect lessons learned along the way and to develop a procedure designed to address the particular challenges facing the ICTY.
5 Rights in Criminal Proceedings under the ECHR and the ICTY Statute—A Precarious Comparison
Authors: Trechsel Stefan
Published: October 2011

This chapter takes as a starting point the fact that the rights of the accused are formulated in almost identical terms in the International Bill of Human Rights and in the Statutes of International Criminal Tribunals. This raises the question as to whether they are interpreted in a uniform way by bodies called upon to implement the human rights' treaties and the International Criminal Courts. In order not to complicate matters, the focus is on the case-law of the ECtHR and the ICTY which are the richest. The analysis shows that there are differences. In a rough generalisation, it can be said that the Criminal Tribunal has a more ‘generous’ approach than the European Court. How is this to be explained? The chapter attempts to show that the basic vantage point differs; in Strasbourg, the Court is an organ of control, it does not apply the rules itself as it is not involved in criminal proceedings. The International Criminal Tribunal, on the other hand, is itself an actor in the field of human rights. It lacks, as it were, the ‘distance from the battlefield’ which the Strasbourg Court enjoys. The rights examined include the right to personal liberty, the right to be tried within reasonable time, and the right to counsel; the chapter criticizes the practice of the ICTY with regard to so-called ‘self-representation’ of the accused.
7 The Crime of Persecution in the ICTY Case-law
Authors: Nilsson Jonas
Published: October 2011

The ICTY prosecutor and judges have found in the crime of persecution a suitable category to address the types of crimes committed in the former Yugoslavia during the conflict in the 1990s. For example, out of the sixty-three persons who to date have been convicted by the ICTY, forty had been charged with this crime. In contrast, the crime of persecution was hardly applied in international or national law before the start of the ICTY proceedings. The ICTY case law dealing with the crime of persecution is one of the most important contributions of the ICTY to international criminal law. However, the ‘discovery’ of the crime of persecution by the ICTY involved certain risks for the judges, in particular since the exact boundaries of the definition of this crime, beyond what could be understood from the words of the statutory definition, had not been set out or explored in previous jurisprudence. The ICTY case law contains considerations of the contours of the criminal conduct in question with the accompanying risk of entering convictions for acts that were not criminal at the time they were carried out, and thereby violating the principle of nullum crimen sine lege. This chapter examines how the exact content of the crime of persecution is being determined in the ICTY case law by the requirements of the principle of nullum crimen sine lege, on the one hand, and a desire for it to address a series of acts or a criminal campaign, rather than one or more isolated acts, on the other.
12 The ICTY's Continuing Struggle with the Right to Self-representation
Authors: Tuinstra Jarinde Temminck
Published: October 2011

The right to legal assistance is a fundamental safeguard for a fair trial. There is no international legal standard as to how to deal with the waiver of legal representation. Nonetheless, the fact that the ICTY allowed alleged war criminals such as Milošević, Šešelj, and Karadžić to represent themselves has generated criticism. This chapter outlines the problems the ICTY has faced, and is still facing, in accommodating an accused's wish to conduct his or her own defence. For instance, should it allow the self-represented accused the assistance of legal advisors and provide legal aid to such accused? It scrutinizes the commendable efforts that the ICTY has made to uphold this right. But it also addresses the flaws in legal reasoning and inconsistencies, even within the course of a single case, that have accompanied the decisions of the ICTY allowing self-representation.
13 Command Responsibility at the ICTY—Three Generations of Case-law and still Ambiguity
Authors: Sliedregt Elies van
Published: October 2011

ICTY case law has been instrumental in developing the concept of command responsibility. In creating a basic model of liability, firmly entrenched in the three basic elements identified in the Čelebići case, the Tribunal has done international criminal law a service. This is not to say that ICTY case law has no flaws and that other (international and national) courts should follow its law uncritically. Command responsibility is one of the most complex liability theories in international criminal law. Article 7(3) of the ICTY Statute, and the case law that ensues from does not fully do justice to the complexities of this liability theory. As a result, its nature remains ambiguous to date.
16 Civilizing Civil War: Writing Morality as Law at the ICTY
Authors: Zahar Alexander
Published: October 2011

International law governing international armed conflict has grown since 1945 to include many crimes for which individuals may be held criminally liable. The ICTY and its supporters claim that much of this law has been extended to non-international armed conflict. This chapter argues that the rapid growth of internal-armed-conflict law at the ICTY has been accomplished by an ICTY moral philosophy masquerading as method. The tribunal's judges were well aware that the majority of states were, as late as 1977, opposed to, or had doubts about, such expansionism. Under a veneer of legality, a humanitarian sentiment that had been blocked by states at the diplomatic conferences convened by the ICRC found an opening with the establishment of the ICTY. Can the ICTY's law survive in the long term against the power of sovereign interest? The chapter considers this question in the light of the United States' critique of the ICRC's 2005 customary-law study.
Probabilities in Realist Views of Quantum Mechanics
Authors: Timpson Christopher G.
Published: October 2011

This chapter examines probabilities in views that take a realist stance on quantum mechanics, i.e., the Ghirardi-Rimini-Weber (GRW) theory, the Bohm theory and the Everett interpretation. The GRW theory is found to claim a world that is chancy at a fundamental level at which ‘hits’ occur following an objective probability distribution. Although the Bohm theory gives up indeterminism, it is shown to allow for objective probabilities, this time ranging over initial conditions. However, the theory has difficulties in explaining the validity of the Born Rule. The Everett interpretation is found to be more satisfying in this respect. As Wallace and Deutsch have shown, rational agents in a many-world scenario should set their credences following the Born Rule if they choose among quantum games.
Physics and the Humean approach to Probability
Authors: Hoefer Carl
Published: October 2011

This chapter defends a Humean approach to objective probabilities in physics. Two motivations for a Humean account of probabilities are distinguished: One derives from a general commitment to a Humean account of natural laws. The other, which is articulated in more detail in the chapter, starts from worries that irreducibly probabilistic physical laws are problematic. Such worries are avoided if probabilities are tied to a best system of the world, as D. Lewis has suggested. Lewis’ own account of objective chance is contrasted with a more pragmatic Humean account, in which objective probabilities are divorced from the best system and tied to systems of less simple probability rules instead. The chapter compares the abilities of both Humean accounts to capture the probabilities appearing in our best physical theories.
Discourse, Truth, and Friendship
Authors: Finnis John
Published: October 2011

This chapter presents an examination of Habermas's ‘Discourse Ethics’, originally read in his presence in 1998. The chapter proceeds with a close reflection on Plato's Gorgias, which demonstrates that Habermas's ‘discourse ethics’ is unreasonable in proposing the criterion of ‘acceptability from the perspective of every other person's understanding of himself and the world’. Plato's Socrates has already shown that this is self-refuting. Socrates also shows the basis for human equality and justice: recognition that intrinsic human goods such as knowledge and friendship are realizable in others' lives as much as in my own. The Socratic/Platonic transformation of the Sophistic opposition between nature and law into an understanding of natural law is traced out, along with the advance from first principles to exceptionless moral norms excluding the killing of the innocent. The distinction between ethics and morality is shown to be as ungrounded and misleading as Rawls's ‘public reason’.
Reason, Authority, and Friendship
Authors: Finnis John
Published: October 2011

The first section of this chapter engages with Hart and Kelsen on the method of legal theory, in a close dialectic with Aristotle's method in his Politics, especially his identification of central and secondary cases of social realities, and his grounds for attributing centrality or non-centrality. Exploration of Aristotle's appeal to the standards of the morally sound person leads to the second section, examining the course of 20th-century English moral philosophy through the eyes of Geoffrey Warnock, and with special reference to Philippa Foot (whose comment on the chapter is the subject of a long endnote). Friendship, it is argued, carries us beyond the contrast between egoistic flourishing and justice, though Aristotle's account of friendship has its difficulties, too. Recognition of legal obligation is, centrally, appreciation of one's moral obligation.
Reason, Universality, and Moral Thought
Authors: Finnis John
Published: October 2011

This chapter presents an unpublished 1971 essay on Hume's basic theses about moral judgments and predicates argues that those theses attribute more to reason (and reasons) than Hume officially allows. The need to judge reasonably is more basic and motivating than the need to attain a common judgment. For first-person questions such as ‘Do I think that p?’ is transparent for ‘Is it right — reasonable — to think that p?’, and the agreement of others is irrelevant to questions of the latter kind. This line of inquiry leads to a first formulation of the theses further developed in the previous chapter about first practical principles, and specifically about friendship, practical reasonableness, and the viewpoint of the impartial but concerned observer or universal spectator.
Objectivity and Content in Ethics
Authors: Finnis John
Published: October 2011

The main part of this chapter, written in 1975, is a close study of key theses or themes in Wittgenstein's On Certainty, in conscious opposition to Kenny's standard reading of that work. It is argued that Wittgenstein is implicitly exploiting the ‘retorsive’ dialectic of self-referential performative inconsistency that is explored in the later chapters. Later parts of this chapter compare and contrast the understanding of value in, on the one hand, Lonergan and von Hildebrand and, on the other hand, Germain Grisez, whose strategy in moving from value to moral responsibility is also briefly outlined.
IsandOughtin Aquinas
Authors: Finnis John
Published: October 2011

Natural inclinations are not the ground of the truth or intelligibility of practical reason's first principles, which direct us to the basic aspects of human flourishing. But inclinations are proximate to the nature which is the ontological ground of the truth of those principles, whose epistemological basis, however, is the goods (perfections) which we understand in understanding those principles. For the nature of a dynamic reality is understood by knowing its capacities, which are understood by knowing their actuations, which are understood by knowing their objects — which in the case of humanly willed acts are the intelligible intrinsic basic goods. Along these lines we can then understand why Aquinas insisted on the indemonstrability of practical first principles, that is, on the non-derivability of ought from is. This chapter proceeds by a close study of relevant passages in Aquinas on first principles, and on the transition from these to moral precepts.
Commensuration and Public Reason
Authors: Finnis John
Published: October 2011

‘Measure’ is highly analogous, and some assertions about incommensurability are unwarranted. Relativist, Kantian, and intuitionist objections to utilitarianism's claims about commensurability are inadequate, but sound objections remain and are developed in this extended survey of the elements of commensurability and incommensurability in the goods and bads in alternative available courses of action. The survey considers the irreducible distinction between the cultural-technical and the moral domains; the significance of choice as free and as lasting in the acting person's character, the open-ended horizon of individual and social life, and the relevance of risk; the integral directiveness of practical reason's first principles, and the availability of standards for comparing options without impossible commensurations; the rationality of refusing to do evil for the sake of good; and the sub-rational factors involved in applying the rational Golden Rule.
Pornography
Authors: Finnis John
Published: October 2011

This chapter is an unpublished 1973 essay which explores the role of spaces of meaning in valuable forms of life such as political philosophizing, marriage, and friendship between man and women. The Song of Songs is taken as exemplary, and the idea of depraving and corrupting used in English obscenity law is defended against the propaganda in Oh! Calcutta and the argumentation of Jonathan Miller.
Law, Universality, and Social Identity
Authors: Finnis John
Published: October 2011

How should we understand Aquinas's thesis that laws are universal propositions of practical reason? And should we accept the popular modern claim that to prefer one set of forms of human character, relationship, and conduct to certain others, and consequently to restrict the conduct of persons with those other preferences, is wrongfully to deny those persons' equality of entitlement to concern and respect, and/or to insult them? Answering the first question involves showing how legal norms transcend the intentions of their makers, draw upon considerations of ‘natural reason’, and depend for their subsisting on the subsisting of the community whose norms they are. The conditions for the community's subsisting turn out to depend, in turn, on aspects of the public good the upholding of which is an intention which absolves those who act upon it from Dworkin's charges that they are flouting equality of respect and Raz's charges that they are insulting those whose conduct those actions bear upon. Multiculturalism will often be a menace to public good, justice, and peace.
‘Direct’ and ‘Indirect’ in Action
Authors: Finnis John
Published: October 2011

This chapter provides a fundamental examination of the reality of intention, and of its distinction from knowing causing of side effects. Many hypothetical but realistic cases are considered, along with testimony such as Daube's about ancient awareness, albeit inarticulate, of the distinction, and the recent affirmation of its relevance by the US Supreme Court. The teaching of the encyclical Veritatis Splendor about the nature and significance of the ‘object’ is explained and related to Aquinas's critique of Peter Lombard on moral absolutes. The failure of neo-scholastic theologians in recent centuries to understand intention adequately (resulting in the would-be distinction between direct and indirect) is illustrated by a thorough discussion of craniotomy. Jean Porter's critique of Grisez on the analysis of action is carefully examined and refuted.
Duties to Oneself in Kant
Authors: Finnis John
Published: October 2011

The chapter's examination of the foundations of Kant's moral and legal theory is prefaced with critiques of the objections to (broadly speaking) paternalism, and the ‘harm principle’ and/or the doctrine of state ‘neutrality’, offered by Rawls, Dworkin, and (claiming Kantian auspices) David Richards. The examination of Kant shows the severe limits to the ‘autonomy’ and ‘rights to freedom’ espoused by Kant, and its radical differences from that espoused by Richards and Robert P. Wolff. Kant is shown to have included duties to oneself within his framing of ‘juridical duties’, and an effort is made to explain how and why this could be so. The limitations of Kant's ethical theory are indicated, along with his acceptance of some of the factual claims involved in classical paternalism. An endnote qualifies some of the chapter's statements of that paternalism.
Boundaries
Authors: Finnis John
Published: October 2011

This chapter is a response to Richard Tuck's paper on making and unmaking boundaries in a natural law perspective. It vindicates (in principle) the establishing of colonial territories, with boundaries, as a humanitarian intervention against tyranny and other injustices in lands not subject to the rule of law made possible by state government and law. The relation between state government (and law) and the division of the world into territories with boundaries is more indeterminate, in classical natural law thought (Aquinas, Vitoria) than Tuck recognizes, and the positive-law iusgentium on such issues has changed and is changing.
Retribution: Punishment's Formative Aim
Authors: Finnis John
Published: October 2011

This chapter examines Nietzsche's influential account of punishment in his On the Genealogy of Morals, and traces its connection with his (mis)understanding of conscience and (un)concern for truth, as well as its confusion of genealogy with justification and its assumption (shared by Bentham and Hart) that punishment is fundamentally an infliction of pain. The justice of retribution is considered in relation to a Vietnam War atrocity, and the reimportation of a retributive justifying aim for punishment is studied in its development by students of Hart on the basis of the account of restorative justice in The Concept of Law. That theory of punishment's aim is stated with some precisions and an allusion to the doctrine of hell.
The Rights and Wrongs of Abortion
Authors: Finnis John
Published: October 2011

This chapter, written in 1973, offers a response to Judith Thomson's famous proto-feminist attempt to vindicate abortion by a thought-experiment which accepts the humanity of the unborn child. It begins by showing that casting the issue in terms of rights (to life verses to decide what happens in one's body) obscures the underlying question, which (as she belatedly concedes) is about what is morally required. But abortion, at least in most cases, cannot reasonably be assimilated to the range of Good Samaritan problems. The traditional moral discussion of killing is traced, and the traditional casuistry distinguishing justifiable terminations of pregnancy from ‘direct’ abortions is critically analysed (with a partly defective concept of intention). Arguments of Jonathan Bennett and Philippa Foot are considered along the way, as well as Thomson's incidental comparison of the embryo to an acorn. An endnote points the way to rectifying the account of intention.
Marriage: A Basic and Exigent Good
Authors: Finnis John
Published: October 2011

This chapter is the author's fullest single treatment of marriage, as an act, a state and way of life, and as an institution. Its starting point is the way in which marriage is a basic human good, with a twofold point: procreation and friendship — the most far-reaching form of togetherness possible for human beings and the most radical and creative enabling of another person to flourish by bringing that person into existence. The marital act is a mating which actualizes, expresses, and enables the spouses to experience their marriage itself in each of its essentials dimensions. Modern myths about mediaeval attitudes to pleasure in marital intercourse are cleared away. ‘Same-sex marriage’ is no marriage, as invalid arguments are no argument and quack medicines not medicinal, but modern civil, dissoluble marriage is highly defective, as is the polygamy for which ‘same-sex marriage’ clears the way.
Sex and Marriage: Some Myths and Reasons
Authors: Finnis John
Published: October 2011

This chapter discusses those myths that, in varying ways, John T. Noonan, John Boswell, Andrew Koppelman, and others have advanced about the sex ethics of Aquinas and thus of the Western tradition. They are refuted by a close study of many texts of Aquinas. The rest of the chapter develops a new fundamental approach to the ethics of sexual acts, building on strands of thought deployed by Aquinas, and pivoting on the idea of conditional intention and the conditions under which the basic human good of marriage can be actualized, expressed, and experienced in marital acts and life.
Law's Authority and Social Theory's Predicament
Authors: Finnis John
Published: October 2011

This chapter explores a central enterprise of legal theory: the explanation and justification of law's presumptive moral authority. Section I shows that Raz's rejection of it rests on an unwarranted assumption of social consensus. Section II surveys partly historically and partly systematically some main aspects of the struggle of contemporary social theories — notably Economic Analysis of Law, Game Theory, and Rational Choice Theory, with discussion also of Hobbes, Bentham, Kant, and Rawls — to make do with emaciated conceptions of practical reasonableness in relation to (in a broad sense) coordination problems. The critique suggests a better conception, and Section III returns to legal authority and the full conception of fairness that explains why a particular law can reasonably be judged morally binding even by those who regard it as unwise.
Introduction
Authors: Finnis John
Published: October 2011

This introductory chapter reflects on Francis Bacon's discussion of the causes and (im)plausibility of atheism; on Cicero's assessment of Roman religion; on the history of the phrase ‘public reason’; on the threat of religious wars and civil strife; and above all on the provisional but attractive resolution of the problem of religion and state that has been adopted since the 17th century. This resolution leaves open the question what is to be done about religions that openly and strongly reject it. The section on Bases for Accepting Revelation points to the weakness in Hume's argument against miracles. The section on Conscience and Faith underlines the link between conscience and truth. The section on Controversies stresses the needed reflective equilibrium (not Rawlsian, however) between the givens of revelation and what would be judged reasonable without those givens. In outlining the context of the final chapter, on hell, the Introduction returns to Bacon and the reason why he did not need to pay much attention to the problem of evil.
Political Neutrality and Religious Arguments
Authors: Finnis John
Published: October 2011

This chapter presents a commentary on the Rawlsian argument by Janos Kis, in a then unpublished paper, that political institutions and policies must be based on neutral, i.e., publicly accessible (and non-‘comprehensive’) arguments. The chapter explores the public accessibility of ‘Catholic’ arguments about the humanity of the early embryo and about the Resurrection, and (with Raz) affirms that accessibility. A footnote discusses the use of ‘liberal’ in political theory.
Faith, Morals, and Thomas More
Authors: Finnis John
Published: October 2011

This chapter details the (moral) reason why Thomas More refused to swear to uphold the statute of 1534 declaring Henry VIII's marriage void, and his reasons for rejecting Luther's and other's revolt against Catholic teaching. The chapter explores the modern misunderstanding of conscience, the modern corruptions of moral theology, the forgery of Church history by modern liberal Catholic reformers, the proper development of moral doctrine, and the true nature of hope and the divine warnings of hell.
On Creation and Ethics
Authors: Finnis John
Published: October 2011

This chapter explores a number of ways in which the ethics implicit in practical reason bear on, illuminate, and are illuminated by the truth that everything of which we have experience (including the whole set of first principles of practical reason) is the result of a transcendent act of creation by a reality that, unlike all other realities, needs no explanation. Since that transcendent act cannot have been other than intelligent, free, and thus personal, there is a basic human good of religio as a harmony between human persons and that transcendent personal reality, and every human choice should be regarded as involving (coherently or incoherently) a willingness to cooperate with the Creator (the fundamental natural love of God). We are each an imago Dei by a freedom of will more radical than that affirmed by modern philosophers or non-Biblical religions. Proportionalist moral theology is incompatible with divine providence and replaces a sound understanding of the significance of intention in Creation and in ethics with a concept (incompatible with divine holiness) of undifferentiated responsibility by causation.
St Cuthbert's Faith and the Bishop of Durham's Unbelief
Authors: Finnis John
Published: October 2011

This chapter is the English text of the 1987 university Latin sermon, in honour of the patron saint of the author's college, who died in 687. The chapter meditates on St Cuthbert's faith and his unique way of actualizing the capacity celebrated in Oxford University's motto Dominus illuminatio mea and its objective correlate: the world as enarratio Dei, an intelligible (because intelligently created) telling-forth of God. And on the foundations of the hope nurtured by the saint of the ultimate kingdom of Christ, a hope dependent on Christ's bodily resurrection, denied by the present (1987) holder of the see established for St Cuthbert's remains, and by others, on the basis of unsound arguments.
This World and the Next
Authors: Finnis John
Published: October 2011

This chapter is the text of an unpublished 1980 college Evensong sermon on what kind of heaven is the subject of Christian hope, in response to Robert Mugabe's claim that in Christianity material things don't matter. The sermon founds on what happened to be the text for a reading at Evensong that day, linked to verses in the same Pauline epistle that are foundational for the teaching of the Second Vatican Council on the relation between good works in this world and their transfigured existence in Christ's completed kingdom.
3 ‘We Ought to Obey God rather than Man’: Women, Anti-Slavery, and Nonconformist Religious Cultures
Authors: Twells Alison
Published: October 2011

This chapter explores the involvement of English Baptist and Congregational women in the anti-slavery movement in the 1820s and 1830s. Focusing on Mary-Anne Rawson (1801-1887), a Congregationalist in Sheffield, and Maria Grace Saffery (1772-1858) and Anne Whitaker (1774-1865), Baptists from rural Wiltshire, the chapter examines the different articulations of abolitionist commitment by women: in public societies, school teaching, poetry and devotional writing. The chapter argues that a closer attention to piety and to local denominational cultures will yield a deeper understanding of the terms of women's engagement with anti-slavery and the wider missionary reform movement of which it was a part.
Are Agreements between States and Non-State Entities Rooted in the International Legal Order?
Authors: Olivier Corten , Pierre Klein
Published: October 2011

Can peace agreements concluded between a State and a non-State entity produce legal effects in the international sphere, as mentioned in Article 3 of the Vienna Convention on the Law of Treaties? Could it be considered that, following the conclusion of such agreements, some areas that were traditionally conceived as pertaining to the national jurisdiction of States (such as the use of violence within national borders, or the choice of a political system) are as of now governed by international law? On the basis of numerous agreements reviewed in this study, a clearly affirmative answer would appear excessive. As far as the international legal effects of such instruments are concerned, much will depend on the specificities of each agreement and on the way it has been implemented. Most of these agreements prove to be rather ambiguous, a significant portion of their components evidencing their rooting in the domestic legal order. This ambiguity finds confirmation in the very pragmatic treatment of peace agreements by the Security Council and States when they call for compliance with these instruments. In the vast majority of cases, such demands are made in the name of the maintenance of international peace and security, without much attention being paid to the characterization in legal terms of the parties' undertakings under these agreements. It therefore appears difficult to reach clear-cut conclusions as to the legal effects of such peace agreements in the international sphere — and, as a consequence, as to their possible characterization as ‘treaties’ under international law.
Subsequent Practice as a Means of Interpretation in the Jurisprudence of the WTO Appellate Body
Authors: Nolte Georg
Published: October 2011

While the general interpretative approach of the WTO Appellate Body has been much discussed, its use of ‘subsequent practice’ as a means of interpretation has so far been less focused on. This chapter gives an overview of the pertinent pronouncements by the Appellate Body, relates them to the jurisprudence of the ICJ, and discusses the possible relevance of subsequent practice as an element of interpretation within the WTO system in the future.