Law as a Human Science argues for the reintroduction of crucial aspects of the humanist tradition in legal thinking. Interdisciplinary studies of law are now primarily understood as policy-oriented an
A thought-provoking examination of how insights from neuroscience challenge deeply held assumptions about morality and law. As emerging neuroscientific insights change our understanding of what it means to be human, the law must grapple with monumental questions, both metaphysical and practical. Recent advances pose significant philosophical challenges: how do neuroscientific revelations redefine our conception of morality, and how should the law adjust accordingly? Trialectic takes account of those advances, arguing that they will challenge normative theory most profoundly. If all sentient beings are the coincidence of mechanical forces, as science suggests, then it follows that the time has come to reevaluate laws grounded in theories dependent on the immaterial that distinguish the mental and emotional from the physical. Legal expert Peter A. Alces contends that such theories are misguided--so misguided that they undermine law and, ultimately, human thriving. Building on the founda
Today, scientists are using CRISPR/Cas9 and other molecular editing tools to alter human gametes and embryos, a practice known as human germline modification. In the near future, these efforts may lead to the birth of children with better health, improved memories, and extended lifespans. However, critics claim that human germline modification exceeds divine and natural boundaries, transforms reproduction into manufacture, and yields apocalyptic outcomes such as the collapse of democracy. Enhanced Beings: Human Germline Modification and the Law analyzes and critiques these objections on both biological and political grounds. Professor Kerry Lynn Macintosh discusses the hidden psychology behind the objections, and describes the laws that affect this new technology. Provocative and timely, Enhanced Beings argues that bans on human germline modification pose a threat to scientists and science, parents, children, foreigners, and society.
Today, scientists are using CRISPR/Cas9 and other molecular editing tools to alter human gametes and embryos, a practice known as human germline modification. In the near future, these efforts may lead to the birth of children with better health, improved memories, and extended lifespans. However, critics claim that human germline modification exceeds divine and natural boundaries, transforms reproduction into manufacture, and yields apocalyptic outcomes such as the collapse of democracy. Enhanced Beings: Human Germline Modification and the Law analyzes and critiques these objections on both biological and political grounds. Professor Kerry Lynn Macintosh discusses the hidden psychology behind the objections, and describes the laws that affect this new technology. Provocative and timely, Enhanced Beings argues that bans on human germline modification pose a threat to scientists and science, parents, children, foreigners, and society.
The rule of law is a valuable human achievement. It is valuable not only instrumentally, but also for its own sake as a significant aspect of social justice. Only in a society that enjoys the rule of law is it possible for people to regard one another as fellow free citizens; no one the master of anyone else. Nevertheless, the rule of law is poorly understood. In this book, Frank Lovett develops a rigorous conception of the rule of law that is grounded in legal positivism, and offers a civic republican argument for its value in terms of freedom from domination. Bridging persistent methodological gaps that divide legal philosophy, social science, and political theory, Lovett demonstrates how insights from all three can be united in a single powerful theory. This book will appeal to anyone interested in the rule of law, including scholars, legal officials, and policy-makers.
The rule of law is a valuable human achievement. It is valuable not only instrumentally, but also for its own sake as a significant aspect of social justice. Only in a society that enjoys the rule of law is it possible for people to regard one another as fellow free citizens; no one the master of anyone else. Nevertheless, the rule of law is poorly understood. In this book, Frank Lovett develops a rigorous conception of the rule of law that is grounded in legal positivism, and offers a civic republican argument for its value in terms of freedom from domination. Bridging persistent methodological gaps that divide legal philosophy, social science, and political theory, Lovett demonstrates how insights from all three can be united in a single powerful theory. This book will appeal to anyone interested in the rule of law, including scholars, legal officials, and policy-makers.
For the first time in one collected volume, mainstream and critical human rights scholars together examine the empirical and normative debates around the future of human rights. They ask what makes human rights effective, what strategies will enhance the chances of compliance, what blocks progress, and whether the hope for human rights is entirely misplaced in a rapidly transforming world. Human Rights Futures sees the world as at a crucial juncture. The project for globalizing rights will either continue to be embedded or will fall backward into a maelstrom of nationalist backlash, religious resurgence and faltering Western power. Each chapter talks directly to the others in an interactive dialogue, providing a theoretical and methodological framework for a clear research agenda for the next decade. Scholars, graduate students and practitioners of political science, history, sociology, law and development will find much to both challenge and provoke them in this innovative book.
For the first time in one collected volume, mainstream and critical human rights scholars together examine the empirical and normative debates around the future of human rights. They ask what makes human rights effective, what strategies will enhance the chances of compliance, what blocks progress, and whether the hope for human rights is entirely misplaced in a rapidly transforming world. Human Rights Futures sees the world as at a crucial juncture. The project for globalizing rights will either continue to be embedded or will fall backward into a maelstrom of nationalist backlash, religious resurgence and faltering Western power. Each chapter talks directly to the others in an interactive dialogue, providing a theoretical and methodological framework for a clear research agenda for the next decade. Scholars, graduate students and practitioners of political science, history, sociology, law and development will find much to both challenge and provoke them in this innovative book.
Algorithms permeate our lives in numerous ways, performing tasks that until recently could only be carried out by humans. Artificial Intelligence (AI) technologies, based on machine learning algorithms and big-data-powered systems, can perform sophisticated tasks such as driving cars, analyzing medical data, and evaluating and executing complex financial transactions - often without active human control or supervision. Algorithms also play an important role in determining retail pricing, online advertising, loan qualification, and airport security. In this work, Martin Ebers and Susana Navas bring together a group of scholars and practitioners from across Europe and the US to analyze how this shift from human actors to computers presents both practical and conceptual challenges for legal and regulatory systems. This book should be read by anyone interested in the intersection between computer science and law, how the law can better regulate algorithmic design, and the legal ramificatio
The advent of the CRISPR/Cas9 class of genome editing tools is transforming not just science and medicine, but also law. When the genome of germline cells is modified, the modifications could be inherited, with far-reaching effects in time and scale. Legal systems are struggling with keeping up with the CRISPR revolution and both lawyers and scientists are often confused about existing regulations. This book contains an analysis of the national regulatory framework in eighteen selected countries. Written by national legal experts, it includes all major players in bioengineering, plus an analysis of the emerging international standards and a discussion of how international human rights standards should inform national and international regulatory frameworks. The authors propose a set of principles for the regulation of germline engineering, based on international human rights law, that can be the foundation for regulating heritable gene editing both at the level of countries as well as
The advent of the CRISPR/Cas9 class of genome editing tools is transforming not just science and medicine, but also law. When the genome of germline cells is modified, the modifications could be inherited, with far-reaching effects in time and scale. Legal systems are struggling with keeping up with the CRISPR revolution and both lawyers and scientists are often confused about existing regulations. This book contains an analysis of the national regulatory framework in eighteen selected countries. Written by national legal experts, it includes all major players in bioengineering, plus an analysis of the emerging international standards and a discussion of how international human rights standards should inform national and international regulatory frameworks. The authors propose a set of principles for the regulation of germline engineering, based on international human rights law, that can be the foundation for regulating heritable gene editing both at the level of countries as well as
Findings from research on false memory have major implications for a number of fields central to human welfare, such as medicine and law. Although many important conclusions have been reached after a
National Human Rights Institutions (NHRIs) – human rights commissions and ombudsmen – have gained recognition as a possible missing link in the transmission and implementation of international human rights norms at the domestic level. They are also increasingly accepted as important participants in global and regional forums where international norms are produced. By collecting innovative work from experts spanning international law, political science, sociology and human rights practice, this book critically examines the significance of this relatively new class of organizations. It focuses, in particular, on the prospects of these institutions to effectuate state compliance and social change. Consideration is given to the role of NHRIs in delegitimizing – though sometimes legitimizing – governments' poor human rights records and in mobilizing – though sometimes demobilizing – civil society actors. The volume underscores the broader implications of such cross-cutting research for scho
National Human Rights Institutions (NHRIs) – human rights commissions and ombudsmen – have gained recognition as a possible missing link in the transmission and implementation of international human rights norms at the domestic level. They are also increasingly accepted as important participants in global and regional forums where international norms are produced. By collecting innovative work from experts spanning international law, political science, sociology and human rights practice, this book critically examines the significance of this relatively new class of organizations. It focuses, in particular, on the prospects of these institutions to effectuate state compliance and social change. Consideration is given to the role of NHRIs in delegitimizing – though sometimes legitimizing – governments' poor human rights records and in mobilizing – though sometimes demobilizing – civil society actors. The volume underscores the broader implications of such cross-cutting research for scho
Kant is often portrayed as the author of a rigid system of ethics in which adherence to a formal and universal principle of morality - the famous categorical imperative - is an end itself, and any concern for human goals and happiness a strictly secondary and subordinate matter. Such a theory seems to suit perfectly rational beings but not human beings. The twelve essays in this collection by one of the world's preeminent Kant scholars argue for a radically different account of Kant's ethics. They explore an interpretation of the moral philosophy according to which freedom is the fundamental end of human action, but an end that can only be preserved and promoted by adherence to moral law. By radically revising the traditional interpretation of Kant's moral and political philosophy and by showing how Kant's coherent liberalism can guide us in current debates, Paul Guyer will find an audience across moral and political philosophy, intellectual history, and political science.
Human rights and environmental protection are closely intertwined, and both are critically dependent on supportive legal opportunity structures. These legal structures consist of access to the courts; 'legal stock' or the set of available standards and precedents on which to base litigation; and institutional receptiveness to potential litigation. These elements all depend on a variety of social, political, and economic variables. This book critically analyses the complexities of uniting human rights advocacy and environmental protection. Bringing together international experts in the field, it documents the current state of our environmental human rights knowledge, strategically critical questions that remain unanswered, and the initiatives required to develop those answers. It is ideal for researchers in environmental governance and law, as well as interested practitioners and advanced students working in public policy, political science and environmental studies.
The middle of the second until the middle of the first century BCE is one of the most creative periods in the history of human thought, and an important part of this was the interaction between Roman jurists and Hellenistic philosophers. In this highly original book, René Brouwer shows how jurists transformed the study of law into a science with the help of philosophical methods and concepts, such as division, rules and persons, and also how philosophers came to share the jurists' preoccupations with cases and private property. The relevance of this cross-fertilization for present-day law and philosophy cannot be overestimated: in law, its legacy includes the academic study of law and the Western models of dispute resolution, while in philosophy, the method of casuistry and the concept of just property.
States have long denied basic rights to non-citizens within their borders, and international law imposes only limited duties on states with respect to those fleeing persecution. But even the limited rights previously enjoyed by non-citizens are eroding in the face of rising nationalism, populism, xenophobia, and racism. Beyond Borders explores what obligations we owe to those outside our political community. Drawing on contributions from a broad variety of disciplines – from literature to political science to philosophy – the volume considers the failures of law and politics to guarantee rights for the most vulnerable and attempts to imagine new forms of belonging grounded in ideas of solidarity, empathy, and responsibility in order to identify a more robust basis for the protection of non-citizens at home and abroad. This title is also available as Open Access on Cambridge Core.
Interrogating the development and conceptual framework of economic thought in the Islamic tradition pertaining to ethical, philosophical, and theological ideas, this book provides a critique of modern Islamic economics as a hybrid economic system. From the outset, Sami Al-Daghistani is concerned with the polyvalent methodology of studying the phenomenon of Islamic economic thought as a human science in that it nurtures a complex plentitude of meanings and interpretations associated with the moral self. By studying legal scholars, theologians, and Sufis in the classical period, Al-Daghistani looks at economic thought in the context of Sharī'a's moral law. Alongside critiquing modern developments of Islamic economics, he puts forward an idea for a plural epistemology of Islam's moral economy, which advocates for a multifaceted hermeneutical reading of the subject in light of a moral law, embedded in a particular cosmology of human relationality, metaphysical intelligibility, and economic
Seventeenth-century Europe witnessed an extraordinary flowering of discoveries and innovations. This study, beginning with the Dutch-invented telescope of 1608, casts Galileo's discoveries into a global framework. Although the telescope was soon transmitted to China, Mughal India, and the Ottoman Empire, those civilizations did not respond as Europeans did to the new instrument. In Europe, there was an extraordinary burst of innovations in microscopy, human anatomy, optics, pneumatics, electrical studies, and the science of mechanics. Nearly all of those aided the emergence of Newton's revolutionary grand synthesis, which unified terrestrial and celestial physics under the law of universal gravitation. That achievement had immense implications for all aspects of modern science, technology, and economic development. The economic implications are set out in the concluding epilogue. All these unique developments suggest why the West experienced a singular scientific and economic ascendanc
