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Full-Text Articles in Arts and Humanities
The Consequence Of Final Causality: Competing Views Of Legal Teleology, Jonathan M. Dumdei
The Consequence Of Final Causality: Competing Views Of Legal Teleology, Jonathan M. Dumdei
Liberty University Journal of Statesmanship & Public Policy
Philosophy of law and legal jurisprudence have received recent attention in the United States due to the significant change in the makeup of the Supreme Court. Historical understanding of the legal philosophies that have influenced the U.S. and the ancient principles upon which they are built must of necessity be properly assessed. This thesis proposes that Aquinas’s conception of Natural Law as the basis for legal teleology provides a superior grounding for American jurisprudence than the theories of legal positivism and critical legal theory due to the superiority of Natural Law’s integration of ultimate final causes. Through a survey of …
Can Animals Contract?, John Enman-Beech
Can Animals Contract?, John Enman-Beech
Animal Studies Journal
Animals are, or are like persons, and so should not be treated as mere property. But persons are not just non-property; they are contractors. They interact with property and with other persons. This article analyses the possibilities for a range of animals to fit within market liberal society as contractors from a legal disciplinary perspective. Some animals are capable of contract-like relationships of reciprocal exchange, and can consent, in a certain sense, to parts of such relationships. However, the dangers of the contractual frame, which is used to legitimate exploitation, may exceed the benefits. Some scholars have begun to explore …
The Issues Of State Independence In The Comments Of Thinkers, Mavluda Zulkandar Kizi Ergasheva
The Issues Of State Independence In The Comments Of Thinkers, Mavluda Zulkandar Kizi Ergasheva
Scientific reports of Bukhara State University
The article is devoted to the analysis of views of enlightened thinkers on the state independence. At the beginning of the XX century, against the colonial oppression, the rule of the tyrannical system, encouraged the people to freedom and freedom, fought for the freedom of Motherland and national independence, the enlightened thinkers who died on this path have the irreplaceable civil courage and the restoration of the national independent state, mutual unity and cooperation, rich teachings on the need, legal democracy is as important in the realization of the noble goal as the construction of a state
Historical Formation Of The State Youth Policy Of Uzbekistan, Shukhrat Suvonovich Norov
Historical Formation Of The State Youth Policy Of Uzbekistan, Shukhrat Suvonovich Norov
Scientific reports of Bukhara State University
The article discusses the historical stage of development, and the formation of youth policy before and after Independence of Uzbekistan. The first and true state youth policy is compared. Institutions of civil society, their historical experience and role in supporting youth in the country over the years of Independence are also considered.
2011 Inamori Ethics Prize Speech: Democracy And Freedom Under Law: The Obligations Of Lawyers, Beatrice Mtetwa
2011 Inamori Ethics Prize Speech: Democracy And Freedom Under Law: The Obligations Of Lawyers, Beatrice Mtetwa
The International Journal of Ethical Leadership
transcript
The [Not So] Hidden Curriculum Of The Legalist State In The Book Of Lord Shang And The Han-Fei-Zi, Brandon R. King
The [Not So] Hidden Curriculum Of The Legalist State In The Book Of Lord Shang And The Han-Fei-Zi, Brandon R. King
Comparative Philosophy
This paper loosely draws some parallels between the experience of a subject in a so-called “Legalist” state with that of a contemporary student in Western schooling today. I explore how governance in the Book of Lord Shang and the Hanfeizi can be interpreted as pedagogy. Defining pedagogy in a relatively broad sense, I investigate the rationalizations for the existence of the state, the application of state mechanisms, and even the concentration of the ruler’s power all teach subjects habits, attitudes, and sensibilities in a similar fashion to what Philip Jackson called the “hidden curriculum”. Through his framework of “crowds, praise, …
Reflections On Tom Regan And The Animal Rights Movement That Once Was, Gary L. Francione
Reflections On Tom Regan And The Animal Rights Movement That Once Was, Gary L. Francione
Between the Species
No abstract provided.
The Edict Of King Gälawdéwos Against The Illegal Slave Trade In Christians: Ethiopia, 1548 -- Featured Source, Habtamu M. Tegegne
The Edict Of King Gälawdéwos Against The Illegal Slave Trade In Christians: Ethiopia, 1548 -- Featured Source, Habtamu M. Tegegne
The Medieval Globe
This study explores the relationship between documentary-legal prescriptions of slavery and actual practice in late medieval Ethiopia. It does so in light of a newly discovered edict against the enslavement of freeborn Christians and the commercial sale of Christians to non-Christian owners, issued in 1548 by King Gälawdéwos. It demonstrates that this edict emerged from a dramatic and violent encounter between the neighboring Sultanate of Adal, which was supported by Muslim powers, and the Christian kingdom of Ethiopia, which had the support of expanding European powers in the region. The edict was therefore issued to reaffirm and clarify the principles …
Land And Tenure In Early Colonial Peru: Individualizing The Sapci, "That Which Is Common To All", Susan E. Ramirez
Land And Tenure In Early Colonial Peru: Individualizing The Sapci, "That Which Is Common To All", Susan E. Ramirez
The Medieval Globe
This article compares and contrasts pre-Columbian indigenous customary law regarding land possession and use with the legal norms and concepts gradually imposed and implemented by the Spanish colonial state in the Viceroyalty of Peru in the sixteenth and early seventeenth centuries. Natives accepted oral histories of possession going back as many as ten generations as proof of a claim to land. Indigenous custom also provided that a family could claim as much land as it could use for as long as it could use it: labor established rights of possession and use. The Spanish introduced the concept of private property …
The Future Of Aztec Law, Jerome A. Offner
The Future Of Aztec Law, Jerome A. Offner
The Medieval Globe
This article models a methodology for recovering the substance and nature of the Aztec legal tradition by interrogating reports of precontact indigenous behavior in the works of early colonial ethnographers, as well as in pictorial manuscripts and their accompanying oral performances. It calls for a new, richly recontextualized approach to the study of a medieval civilization whose sophisticated legal and jurisprudential practices have been fundamentally obscured by a long process of decontextualization and the anachronistic applications of modern Western paradigms.
Editor's Introduction To "Legal Worlds And Legal Encounters" -- Open Access, Elizabeth Lambourn
Editor's Introduction To "Legal Worlds And Legal Encounters" -- Open Access, Elizabeth Lambourn
The Medieval Globe
This introduction presents and draws together the articles and themes featured in this special issue of The Medieval Globe, “Legal Worlds and Legal Encounters.”
Defeating Naturalism: Defending And Reformulating Plantinga's Eaan, Tyler D. Mcnabb
Defeating Naturalism: Defending And Reformulating Plantinga's Eaan, Tyler D. Mcnabb
Eleutheria: John W. Rawlings School of Divinity Academic Journal
Abstract: During the past two decades, Alvin Plantinga has formulated an argument against naturalism that focuses on naturalism’s acceptance of contemporary evolutionary theory. Plantinga argues that given naturalism and evolution, our cognitive faculties have been developed to produce beliefs that meet the Darwinian requirement of survival and reproduction. Plantinga argues that accepting this will lead a naturalist to have a defeater for all of their beliefs, including their belief in naturalism. In this paper, I survey and respond to two types of objections that have been given as a response to Plantinga’s argument. The first objection that I interact with …
Freedom, Benefit And Understanding: Reflections On Laurence Claus’S Critique Of Authority, John Finnis
Freedom, Benefit And Understanding: Reflections On Laurence Claus’S Critique Of Authority, John Finnis
San Diego Law Review
With wide-ranging and illuminating determination, Law’s Evolution and Human Understanding offers a refutation of the illusion of authority. No one, it rightly contends, has the right to be obeyed. Still less, as it correctly says, do any persons have the right that their say so be obeyed because they said so. Given the book’s stipulative definition of “authority,” these truths entail that authority is an illusion, and provide some important premises for a plausible further conclusion or pair of conclusions: it is harmful, both in practice and in theory, to say that some person or body has authority (“the rule …
On The Respectful Use Of Animals, Jon Garthoff
On The Respectful Use Of Animals, Jon Garthoff
Between the Species
In his essay “The Integration of the Ethic of the Respectful Use of Animals into the Law”, David Favre begins to articulate a new framework for understanding the legal status of nonhuman animals. The present essay supports the broad contours of Favre’s framework, but raises challenges for some of the framework’s elements. The first half questions Favre’s claim that possession of DNA and the capacity for life underlie the need for a more robust conception of animal legal standing. The second half questions Favre’s prior proposal that animals be deemed persons under law and questions his pragmatic suggestion that judges …
Ethics, Law, And The Science Of Fish Welfare, Colin Allen
Ethics, Law, And The Science Of Fish Welfare, Colin Allen
Between the Species
Fish farming is one of the fastest growing sectors of agriculture, attracting considerable attention to the question of whether existing farming regulations and animal welfare laws are adequate to deal with the expanding role of fish in feeding humans. The role of fish as model organisms in scientific research is also expanding -- a majority of research biology departments now keep zebrafish for the purposes of genome biology, and they are used widely used for basic neuroscience research. However, due to their diversity and distance from mammalian biology, fish pose difficult questions for the application of legal and ethical principles …
The Integration Of The Ethic Of The Respectful Use Of Animals Into The Law, David Favre
The Integration Of The Ethic Of The Respectful Use Of Animals Into The Law, David Favre
Between the Species
This article develops an ethical construct of “respectful use” to govern the conduct of humans toward animals. The scope of the terms “use” and “respectful” are developed. Some guidelines for the discernment of respectful use of animals are suggested. Then the status of animals within the legal system is briefly considered. Within the law, the socially defined key term is “unnecessary” rather than respectful. Finally, the newer legal standard of duty of care is shown to be approaching the ethical concept of respectful use.
Trends. Implications Of War And Peace For The Morality, Ethics, And Legality Of Killing And Incarceration, Ibpp Editor
Trends. Implications Of War And Peace For The Morality, Ethics, And Legality Of Killing And Incarceration, Ibpp Editor
International Bulletin of Political Psychology
This article provides a perspective for the controversy surrounding the appropriateness of killing and incarceration during a war on terrorism with global reach.
Slavery And The Sudan: Can Good Works Be Good?, Ibpp Editor
Slavery And The Sudan: Can Good Works Be Good?, Ibpp Editor
International Bulletin of Political Psychology
This article focuses on the consequences of attempts to free slaves and abolish slavery in the Sudan.
The Moral Decision: Right And Wrong In The Light Of American Law, By Edmond Cahn, W. Friedmann
The Moral Decision: Right And Wrong In The Light Of American Law, By Edmond Cahn, W. Friedmann
Indiana Law Journal
No abstract provided.