What is a convention?

2010 ◽  
Vol 18 (2) ◽  
pp. 442-455
Author(s):  
Dana Riesenfeld
Keyword(s):  
Legal System ◽  
Review Article ◽  
Philosophical Study ◽  
Human Beings ◽  
Social Conventions ◽  
Critical Response ◽  
Social Actions ◽  
Definition Of

Ever since David Lewis’s publication of Convention: A Philosophical Study (1969) his definition of a convention has been widely accepted and marginally challenged. Andrei Marmor’s book Social Conventions: From Language to Law (2009) is both a continuation and a critical response to Lewis’s work. “Convention”, alongside “rule” and “norm”, is one of the most important and fundamental philosophical concepts. We tend to think of our behavior as human beings, of our linguistic and social actions, as largely conditioned by conventions. Marmor examines the role and significance of conventions in language, in the moral sphere, and in the legal system. His definition of convention renders language less conventional than we had thought it is and morality more so. In this review article I present Marmor’s concept of convention and follow the book’s main arguments. I then point to what I think is amiss in his account of convention, namely, the idea that some norms are conventional, which yields a conflation of norms and conventions.

Holism, Chinese Medicine and Systems Ideologies: Rewriting the Past to Imagine the Future

2018 ◽  
Author(s):  
Volker Scheid
Keyword(s):  
Eighteenth Century ◽  
Chinese Medicine ◽  
Medical Humanities ◽  
Science And Technology Studies ◽  
Human Beings ◽  
The Past ◽  
Starting Point ◽  
The Us ◽  
Shared Objective ◽  
Definition Of

This chapter explores the articulations that have emerged over the last half century between various types of holism, Chinese medicine and systems biology. Given the discipline’s historical attachments to a definition of ‘medicine’ that rather narrowly refers to biomedicine as developed in Europe and the US from the eighteenth century onwards, the medical humanities are not the most obvious starting point for such an inquiry. At the same time, they do offer one advantage over neighbouring disciplines like medical history, anthropology or science and technology studies for someone like myself, a clinician as well as a historian and anthropologist: their strong commitment to the objective of facilitating better medical practice. This promise furthermore links to the wider project of critique, which, in Max Horkheimer’s definition of the term, aims at change and emancipation in order ‘to liberate human beings from the circumstances that enslave them’. If we take the critical medical humanities as explicitly affirming this shared objective and responsibility, extending the discipline’s traditional gaze is not a burden but becomes, in fact, an obligation.

Genetic manipulation on human beings

2010 ◽  
pp. 52-72
Author(s):  
Serena Zacchigna ◽  
Mauro Giacca
Keyword(s):  
Gene Therapy ◽  
Genetic Manipulation ◽  
Human Beings ◽  
Ethical Challenges ◽  
Genetic Characteristics ◽  
Safety Issues ◽  
The Public ◽  
Aesthetic Appearance ◽  
The Aesthetic ◽  
Definition Of

Since the early days of gene therapy, both the scientific community and the public have perceived the ethical challenges intrinsic to this discipline. First, the technology exploited by gene therapy is still experimental and burdened by important safety issues. Second, in several instances gene therapy aims at stably modifying the genetic characteristics of individuals. Third, the same modifications could in principle be applied also to embryos, foetuses or germ cells. Finally, while gene therapy applications are generally accepted for therapeutic purposes, the same gene transfer technologies could also be exploited to improve the aesthetic appearance, or the physical and intellectual performance of people. The definition of suitable guidelines for a controlled, ethically accepted translation of gene therapy to the clinics remains a major challenge for the near future.

Artificial intelligence: criminal and procedural aspects

2021 ◽  
pp. 75-89
Author(s):  
Igor I. Kartashov ◽  
Ivan I. Kartashov
Keyword(s):  
Artificial Intelligence ◽  
New Technologies ◽  
Human Beings ◽  
Criminal Proceedings ◽  
Legal Advice ◽  
Judicial Practice ◽  
Legal Expert ◽  
To Come ◽  
Definition Of ◽  
Self Learning

For millennia, mankind has dreamed of creating an artificial creature capable of thinking and acting “like human beings”. These dreams are gradually starting to come true. The trends in the development of modern so-ciety, taking into account the increasing level of its informatization, require the use of new technologies for information processing and assistance in de-cision-making. Expanding the boundaries of the use of artificial intelligence requires not only the establishment of ethical restrictions, but also gives rise to the need to promptly resolve legal problems, including criminal and proce-dural ones. This is primarily due to the emergence and spread of legal expert systems that predict the decision on a particular case, based on a variety of parameters. Based on a comprehensive study, we formulate a definition of artificial intelligence suitable for use in law. It is proposed to understand artificial intelligence as systems capable of interpreting the received data, making optimal decisions on their basis using self-learning (adaptation). The main directions of using artificial intelligence in criminal proceedings are: search and generalization of judicial practice; legal advice; preparation of formalized documents or statistical reports; forecasting court decisions; predictive jurisprudence. Despite the promise of using artificial intelligence, there are a number of problems associated with a low level of reliability in predicting rare events, self-excitation of the system, opacity of the algorithms and architecture used, etc.

scholarly journals THE IMPLICATION OF DEFINING REFUGEE IN INDONESIAN IMMIGRATION LEGAL SYSTEM

2018 ◽  
Vol 1 (1) ◽  
pp. 63-72
Author(s):  
Anindito Rizki Wiraputra
Keyword(s):  
Foreign Policy ◽  
Legal System ◽  
Asylum Seekers ◽  
Immigration Law ◽  
Policy Perspective ◽  
Law System ◽  
Presidential Decree ◽  
The Subject ◽  
Handling Methods ◽  
Definition Of

Indonesia as a country which did not ratify UN Convention 1951 on Status of Refugees and Protocol 1967,  issued a Presidential Decree No.125/2016 on Handling Overseas Refugee in addressing the issues of  foreign nation subject who intend to seek refuge by passing through Indonesian territory, generally aiming  to seek refuge in Australia. These foreign nation subject introduced as “refugee” by media although the  subject is unrecognized by Indonesian immigration law system. Indonesian immigration law only recognize  subject as a person who enter or leave Indonesian territory by legal or illegal means. The definition of  Refugee on Presidential Decree No.125/2016 is the first definition of the subject in Indonesian legal system,  refers to both Refugee and Asylum Seekers in UN Convention 1951, which supposed to have different  handling methods. Therefore, the implementation of Presidential Decree No.125/2016 leads to different  understanding in immigration and foreign policy perspective on Refugee subject.   

scholarly journals Participation and the role of Public Space

2008 ◽  
Vol 2 ◽  
Author(s):  
Anna Gabriel Copeland
Keyword(s):  
Human Rights ◽  
Young People ◽  
Public Space ◽  
Legal System ◽  
Children And Young People ◽  
Civic Society ◽  
Broad Definition ◽  
The Many ◽  
Definition Of

This article examines participatory rights as human rights and considers their importance to the lives of children and young people. It argues that a broad definition of participation needs to be used which takes us from 'round tables' to understanding that young people participate in many different ways. It points out that failure to recognise and respect the many varied ways that children and young people choose to participate results in a breach of their human rights. It shows how our socio-legal system operates to permit and support these breaches of the rights of children and young people, resulting in their alienation from civic society.

scholarly journals Inference of Mulla Sadra's Ethical Views in the Four Realms of Meta-Ethics

2021 ◽  
Vol 8 (9) ◽  
pp. 109
Author(s):  
Mehran Seif-Farshad ◽  
Yousef Kheire ◽  
Seyyed Mohammad Amin Madayen
Keyword(s):  
Comparative Study ◽  
Normative Ethics ◽  
Human Beings ◽  
Ethical Philosophy ◽  
Fundamental Part ◽  
Intellectual System ◽  
Human Ethics ◽  
Definition Of ◽  
Philosophical Questions ◽  
Transcendent Wisdom

Meta-ethics is an important and fundamental part of ethical philosophy. Normative ethics discusses the ethical criterion and definition of happiness and obligation; but Meta-ethics deals with its background. In other words, it puts ethical propositions into philosophical questions in terms of meaning, cognition, and truth. In the intellectual system of transcendent wisdom, metaphysical issues and sheer philosophy are studied in order to help human beings to develop and transcend. In fact, human ethics and transcendence along with theology are two main goals of transcendent wisdom. In this regard, it is important to understand Mulla Sadra's views on meta-ethics as well as to discover and deduce it among Mulla Sadra's philosophical views. While defining meta-ethics, explaining its domains and asking main questions about each of these domains, the method of comparative study is used in this paper in order to provide the most appropriate and consistent possible answers to questions in the realm of meta-ethics - based on Mulla Sadra's views on the originality of existence Substantial motion and Union of Intelligent and Intelligible and so on. 

scholarly journals A new concept in the Turkish legal system: Mobbing

2020 ◽  
Vol 1 (18) ◽  
pp. 25-33
Author(s):  
Nuray Celik ◽  
Melike Yaman
Keyword(s):  
Legal System ◽  
Legal Problem ◽  
Employment Relationships ◽  
Definition Of

Mobbing is a phenomenon which has existed since employment relationships were established in business life. But this issue has been taken into consideration as a legal problem only relatively recently. Thus, within the scope of our work, the definition of mobbing shall be clarified. Moreover, Turkish legislation and judicial opinion regarding mobbing will be analysed.

scholarly journals Overview Of The Rights Of Person With Disabilities: A Human Rights Approach

2021 ◽  
Vol 5 (IV) ◽  
pp. 34-42
Author(s):  
Dr. Ram Charan Meena,
Keyword(s):  
Human Rights ◽  
Human Beings ◽  
Social Approach ◽  
Persons With Disabilities ◽  
Psychological Barriers ◽  
Contemporary Situation ◽  
The Law ◽  
The Government ◽  
Definition Of ◽  
The Right

Persons with disabilities have the right to enjoy the human rights to life, liberty, equality, security and dignity as human beings. However, due to social apathy, psychological barriers, a limited definition of “disability” entitled to the protection of the law and lack of proper data, persons with disabilities in India remain an invisible category. Although many laws set out to ensure their full and effective participation in society, they remain inadequate as they are based primarily on the discretion of the government. Also, the judiciary acts as the real protector of persons with disabilities whenever an opportunity arises, but it is not possible to approach the judiciary for every request. Unless the foundation of the law is strengthened, persons with disabilities cannot fully exercise their rights. The present research paper mentions the contemporary situation of people with disabilities with the current laws and concepts, and also the researcher believes that it is not only the law that will provide a solution to this problem, it is the change in the outlook of the society which may provide a solution to this problem. Thus, the horizons of the law should be expanded to provide a “human friendly environment” for all persons with disabilities to remove the barriers that impede their development. With timely implementation the time has come for effective legislation to protect their interests and empower their capabilities which are based on “rights–based approach” rather than charity, medical or social approach.

scholarly journals URBAN VIOLENCE, PRISON CONDITIONS AND HUMAN DIGNITY

2018 ◽  
Vol 2 (2) ◽  
pp. 91-111
Author(s):  
Ana Paula Barcellos
Keyword(s):  
Legal System ◽  
Human Dignity ◽  
Prison Population ◽  
Current Level ◽  
Fundamental Rights ◽  
Prison Inmates ◽  
Urban Violence ◽  
Human Beings ◽  
Brazilian Society

The paper deals with a situation that perhaps represents one of the most radical and profound challenges to the claim that contemporaneous western societies – and Brazilian society in particular – share the values concerning equality and essential or ontological dignity of mankind. It is an attempt to investigate how Brazilian society, immersed in a context of fear as a result of urban violence, deals with its prison population. This paper is divided into three main parts. Part one deals with a situation of fact: traditional, ongoing, generalized, serious and practically institutionalized violation of the fundamental rights of prison inmates in Brazil. This situation of fact easily leads one to conclude that inmates in Brazil are not treated like human beings (and are probably not even considered as human beings). Part two is an attempt to examine some possible explanations of why this situation exists. In part three, the paper tries to suggest that there is a connection between how prisoners are treated and the current level of urban violence in Brazil as a contributing factor. Considering that neither the principle of human dignity nor the actions of the legal system have been able to change the scenario that has built up in recent decades, perhaps it would be useful to suggest that inhumane treatment of inmates is not just a problem restricted to prisons: society as a whole receives the effects of this policy in the form of more violence. 

scholarly journals Quantifying Legal Entropy

2021 ◽  
Vol 9 ◽  
Author(s):  
Ted Sichelman
Keyword(s):  
Information Theory ◽  
Information Content ◽  
Legal System ◽  
Legal Systems ◽  
Information Costs ◽  
Precise Quantification ◽  
The Law ◽  
Legal Contexts ◽  
Definition Of ◽  
Quantitative Definition

Many scholars have employed the term “entropy” in the context of law and legal systems to roughly refer to the amount of “uncertainty” present in a given law, doctrine, or legal system. Just a few of these scholars have attempted to formulate a quantitative definition of legal entropy, and none have provided a precise formula usable across a variety of legal contexts. Here, relying upon Claude Shannon's definition of entropy in the context of information theory, I provide a quantitative formalization of entropy in delineating, interpreting, and applying the law. In addition to offering a precise quantification of uncertainty and the information content of the law, the approach offered here provides other benefits. For example, it offers a more comprehensive account of the uses and limits of “modularity” in the law—namely, using the terminology of Henry Smith, the use of legal “boundaries” (be they spatial or intangible) that “economize on information costs” by “hiding” classes of information “behind” those boundaries. In general, much of the “work” performed by the legal system is to reduce legal entropy by delineating, interpreting, and applying the law, a process that can in principle be quantified.

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