Suchergebnisse

AbstractThere are three types of sexual moralism in evidence in the discussions regarding the regulation of prostitution: the overt moral fervour of the Victorian crusaders, the more covert moralism of contemporary crusaders (residents) and legislators, and the principled moralism of contemporary radical feminism. It is maintained—using arguments and evidence from the author's own and other Canadian research—that each type has contributed heavily to the failure to adequately evaluate the nature of sex work. As a consequence, our ability to develop appropriate social and legal policies has been severely restricted. It is argued that the key to appropriate social and legal reform lies in recognizing four points: prostitution per se is not different from other work; prostitution as currently practised is different; the evaluation of commercial sex must be conducted in the broader context of human sexuality; and it is essential to focus on the specificity of women, rather than the specificity of prostitution.

This paper studies the case law of the Constitutional Court of the Republic of Colombia of 26 April 2017 (Case C-246/17) which interpret the capacity of the minor to give informed consent to aesthetic medicine and plastic surgery treatments, as well as participation of such person in campaigns promoting this type of treatments. In this case, the Court first decided that the ban on aesthetic medicine and plastic surgery procedures for minors should not be applied to adolescents over 14 years of age who, due to their level of development, are able to participate together with persons having parental authority in the decision-making about the risks involved in such procedures and are able to consent to the procedure in an informed and qualified manner. The Constitutional Court also finds that the prohibition on participating in campaigns promoting cosmetic medicine clinics and the treatments carried out there, which applies to persons aged between 15 and 18, is a proportionate and effective restriction. In this way, the legislator achieves constitutionally legitimate objectives, i.e. discouraging treatments that may expose the health of a minor to unnecessary risks and reducing gender stereotypes regarding a certain canon of beauty. In assessing this ruling, the article examines the concepts of: "free development of personality", "right to privacy", "informed consent to medical treatment" of minors, as well as "legal moralism" and "paternalist measures". To this end, a dogmatic method was used by reviewing the case law of the Constitutional Court of the Republic of Colombia, and the results obtained were presented through a descriptive method. In the conclusions, attention is drawn to the consistent doctrine existing in the Court's jurisprudence relating to the concepts.

The file associated with this record is under embargo until 12 months after publication, in accordance with the publisher's self-archiving policy. The full text may be available through the publisher links provided above. ; Background There is increasing support to include people who use drugs (PWUD) into debates about drug policy reform in order to improve policy legitimacy and outcomes. The aim of this paper is thus to critically analyse the perspectives of PWUD on UK drug policy and the law. This is the first empirical study to apply the four philosophical positions that underpin drug policy debates: Millian liberalism, legal moralism, strict libertarianism and paternalism (MacCoun and Reuter, 2001) to understand opinions and ideology. Methods Forty interviews were conducted with PWUD about the meaning of and motivation for their substance consumption and about their opinions on drug policy and the law. The responses were analysed using the sociocognitive approach pioneered by van Dijk 2014; 2015 from the field of critical discourse studies. The analysis involved connecting personal experiences, knowledge and opinions to broader values, attitudes and ideology, specifically the analysis focused upon the extent to which participants challenged or supported prohibitionist ideology. Results The opinions of those PWUD studied were diverse and complex. There was some support for prohibition, but overwhelmingly there was resistance and challenge to it. We theorise the challenge to prohibitionist ideology on a continuum from anti-prohibition to pro-reform. Key themes from the analysis included: knowledge gaps regarding terminology; uncertainty about and lack of consideration of policy and reform; political dissonance; apprehension about public attitudes and behaviours; reform rooted in social welfare and human rights ideology; and apathy through counter-culture. Conclusion The findings demonstrate a lack of clarity amongst some PWUD regarding drug policy and reform. Educational initiatives outlining the different reform approaches would therefore provide PWUD with invaluable knowledge and help facilitate their enagement into reform debates. Despite a lack of clarity and consistency within opinions, participants were united in their discussion of human rights, health, economics and education; therefore these topics could help frame future approaches that seek to include PWUD into debates about drug policy. ; This work was supported by the British Academy (Grant number: SG151054) awarded to Rebecca Askew in 2015. ; Peer-reviewed ; Post-print

Using the example of sadomasochistic pornography & practice, the relationship between law, morality, & sexual practices is explored, & the problem of what sorts of social interventions should be made with regard to them is analyzed. Beginning with a review of "Queer" theory & postmodern approaches to the issue, a position that defends legal & moral intervention is established, but one outside of the moralism of the political Right or radical feminism. The responses of the critical legal academy to the Canadian Supreme Court case, Butler, & the English House of Lords decision, Brown, are explored. Criminal law in these cases, it is shown, is not a deterrent to sadomasochistic or pornographic activity, but alternatives such as symbolic legislation or a "moral Left" curriculum are more effective & progressive approaches to the regulation of "morally bad" behavior. Defenders of such sexual practices argue that they are an expression of empowerment in the face of oppression, but, it is argued, domination in any form cannot be a tool of emancipation & must be subject to social restraint. 64 References. J. Cowie

chapter 1 Empowering the Self: Romanticism, the French Revolution, and the Rise of Sociological Hermeneutics -- chapter 2 Reforming American Democracy: Socialism, Progressivism, and Pragmatic Reconstruction -- chapter 3 Envisioning Pragmatist Sociology: Philosophical Sources, Methodological Principles, and Political Underpinnings of Social Interactionism -- chapter 4 Challenging Critical Theory: The Frankfurt School, Communicative Action, and the Pragmatist Revival -- chapter 5 Reading Text Pragmatically: Modernity, Postmodernism, and Pragmatist Inquiry -- chapter 6 Signing in the Flesh: Pragmatist Hermeneutics, Embodied Sociology, and Biocritique -- chapter 7 Reframing the Law: Legal Pragmatism, Juridical Moralism, and the Embodied Democratic Process -- chapter 8 Cultivating Democratic Demeanor: Liberalism, Affect Control, and Emotionally Intelligent Democracy -- chapter 9 Becoming a Public Intellectual: Advocacy, National Sociology, and Paradigm Pluralism.

Post-truth : what is it about? : introduction / Tiziana Andina and Angela Condello -- A political and deliberative virtue? : the epistemic trust in trustworthy epistemic authorities / Davide Pala -- After the ordeal : law and the age of post-truth / Angela Condello -- Believing fake news / Elisabetta Galeotti -- Can we trust post-truth? : a Trojan horse in liberal counterspeech / Jacopo Domenicucci -- Certain trouble : mockumentaries and truth / Sanja Bojanic -- Fake news, the crisis of deference, and epistemic democracy / Diego Marconi -- From transparency to "trumparency" / Sara Guindani -- Idealism, empiricism, pluralism, law : legal truth after modernity / Luke Mason -- Realism and moralism in political thought / Brian Leiter -- The post-truth in painting / Enrico Terrone -- Truth, facts, alternates and persons : or, whatever has happened to post-modernism? / Tracy B. Strong -- Truth, lies, and post-truth / Tiziana Andina -- Who cares about privacy? : the documedia surplus value / Murizio Ferraris.

Frontmatter -- CONTENTS -- Acknowledgments -- Introduction: Materializing Democracy and Other Political Fantasies -- Tocqueville's Democratic Thing; or, Aristocracy in America -- Legal Slaves and Civil Bodies -- Mexicans in a Material World: From John Wayne's The Alamo to Stand-Up Democracy on the Border -- Souls That Matter: Social Death and the Pedagogy of Democratic Citizenship -- Uncle Sam Needs a Wife: Citizenship and Denegation -- The New Homonormativity: The Sexual Politics of Neoliberalism -- The Genealogy of a Democratic Crush -- Representative/Democracy: The Political Work of Countersymbolic Representation -- Rethinking Space, Rethinking Rights: Literature, Law, and Science -- A Long Foreground: Re-Materializing the History of Native American Relations to Mass Culture -- From Center to Margin: Internationalism and the Origins of Black Feminism -- Democratic Passions: Reconstructing Individual Agency -- Anti-Ideology: Education and Politics as Democratic Practices -- Moralism as Antipolitics -- Works Cited -- Contributors -- Index

AbstractThis article deploys a historical analysis of the relationship between law and imperialism to highlight questions about the character and role of international law in global politics. The involvement of two British international lawyers in practices of imperialism in Africa during the late nineteenth century is critically examined: the role of Travers Twiss (1809–1897) in the creation of the Congo Free State and John Westlake's (1828–1913) support for the South African War. The analysis demonstrates the inescapably political character of international law and the dangers that follow from fusing a particular form of liberal moralism with notions of legal hierarchy. The historical cases raise ethico-political questions, the importance of which is only heightened by the character of contemporary world politics and the attention accorded to international law in recent years.

Обосновывается современная политика космополитизма. Констатируется, что легитимация космополитизма носит скорее культурный, чем политический характер. Либеральный культурный плюрализм на универсальных политико-правовых основаниях (Кант и Ролз) оказывается недостаточным, но он дает средства для решения проблем и избегания крайностей культурного космополитизма, таких, как европейская «негативная идентичность», юридификация и новые современные формы идентичностного политического морализма на манер «гипердемократии масс». ; This article is devoted to the search for an adequate justification for the modern policy of cos mo po litism. The author maintains that the legitimation of cos mopolitism is of rather cultural than political natu re. Liberal cultural pluralism based on universal poli ti cal and legal principles (Kant and Rawls) proves to be in sufficient. However, it provides the means to solve the problems and to avoid the extremes of cultural cos mo politism, such as the European "negative identity", juridification, and new modern forms of identity-centred political moralism akin to the "hyperdemocracy of the masses".

AbstractIn recent years, the Chinese Communist Party has declared that its governance
must dominate over all aspects of law-making and enforcement, declaring that its
leadership must be implemented across the entire process of governing the
country in accordance with the law. Contemporaneous to this new way of thinking
about the law-Party nexus is a propaganda push to integrate moral values into
the law. This paper is about moralizing governance in the Xi Jinping era. It
explores the ideology behind the promotion of this morals–law
integration, focusing on the Socialist Core Values in the legal realm under the
current Xi Jinping administration. We do so from two interrelated perspectives.
The first examines the relationship between law and morality. Here, we argue
that the Party's calls for a law–morality amalgam can be
understood as a form of "pan-moralism." The second looks at the
supremacy of Party rule, extending the theory of the "Leviathan"
proposed by Thomas Hobbes to take into account the Party's morality push.
This two-pronged argument enables us to assert that the Xi Jinping
administration is creating a "virtuous Leviathan."

AbstractThis article brings the sociological theory of governmentality to bear on a longitudinal analysis of American presidential speeches to theorize the formation of the citizen-consumer subject. This 40-year historical analysis—which extends through four economic recessions and the presidential terms of Ronald Reagan, Bill Clinton, George W. Bush, and Barack Obama—illustrates the ways in which the national mythology of the American Dream has been linked to the political ideology of the state to create the citizen-consumer subject in the United States. The quantitative and qualitative analysis of the data demonstrates 1) the consistent emphasis on responsibility as a key moral value, albeit meshed with ideals of liberalism and libertarianism at different presidential periods; 2) that the presidents iteratively link the neoliberal political ideology and the national mythology of the American Dream through a sophisticated morality play myth, wherein they cast the citizen-consumer as a responsible moral hero on a journey to achieve the American Dream; and 3) that the presidents use three main dispositives—disciplinary, legal, and security—to craft the citizen-consumer subject in their response to economic recessions. These findings extend prior consumer research on consumer subjectivity, consumer moralism, marketplace mythology, and politics of consumption.

This essay argues that the "consenting adult," while politically seductive and exonerative, is ultimately a perverted figure for progressive sexual politics. Valorized, the "consenting adult" generates a moralized portraiture of good and bad sexual personae rather than propelling political engagement. The author proposes supplanting (temporarily, partially) the consenting adult with comparatively unsexy, less parsimonious elucidations of fairness and debility as provisional first principles of progressive sexual politics. Taking fairness and debility seriously would rightly extend our political sympathies and energies without triggering the quarantining moralism—the liberal logic—of the figure of the consenting adult. The first part of this essay, "Offending Sex in Orleans Parish," describes a legal peculiarity and its ensuing politicization that is the motivating case study of the project. The second part, "The Political Perversity of the Consenting Adult," more carefully contemplates how and to what effect the sexual politics and rhetorics of sexuality observed in New Orleans are contoured by an apotheosis of the consenting adult. The final section, "Fairness, Debility, and Sexual Justice Politics," considers how sex workers (or persons convicted of soliciting sex), sex offenders, and other queers might find points of political solidarity irreducible to sexual identities subsumed under the consenting adult. Fairness and debility, the author submits, could hold out more promising political visions and arrangements.

Intro -- Title page -- Copyright page -- Contents -- Introduction -- 1 -- 2 -- 3 -- 4 -- 5 -- Chapter 1 Jurisprudence -- Chapter 2 The Model of Rules I -- Embarrassing questions -- Positivism -- Rules, principles, and policies -- Principles and the concept of law -- Discretion -- The rule of recognition -- Notes -- Chapter 3 The Model of Rules II -- Social rules -- Do I really disagree with Hart? -- Does 'institutional support' constitute a rule of recognition? -- Do judges have to have discretion? -- Are rules really different from principles? -- Notes -- Chapter 4 Hard Cases -- Introduction -- The rights thesis -- Rights and goals -- Institutional rights -- Legal rights -- Political objections -- Notes -- Chapter 5 Constitutional Cases -- 1 -- 2 -- 3 -- 4 -- 5 -- Notes -- Chapter 6 Justice and Rights -- 2 -- Notes -- Chapter 7 Taking Rights Seriously -- The rights of citizens -- Rights and the right to break the law -- Controversial rights -- Why take rights seriously? -- Notes -- Chapter 8 Civil Disobedience -- Note -- Chapter 9 Reverse Discrimination -- 1 -- 2 -- 3 -- 4 -- 5 -- Notes -- Chapter 10 Liberty and Moralism -- Lord Devlin's disenchantment -- The first argument: Society's right to protect itself -- The second argument: Society's right to follow its own lights -- The concept of a moral position -- Lord Devlin's morality -- Postscript on pornography -- Notes -- Chapter 11 Liberty and Liberalism -- Chapter 12 What Rights Do We Have? -- No right to liberty -- The right to liberties -- Notes -- Chapter 13 Can Rights be Controversial? -- 1 -- 2 -- 3 -- Notes -- Appendix: A Reply to Critics1 -- Hart and a good night's sleep -- Greenawalt and the rights thesis -- Munzer and no right answer -- Richards and positivism revived -- Soper and positivism redefined -- Nickel and myopia -- Mackie and playing fast and loose

Intro -- Acknowledgments -- Praise for Evil as a Crime Against Humanity -- Contents -- List of Tables -- 1 Imagination and Reality -- 1.1 The Rift and the Alternative -- 1.2 The Mosaic and Its Elements -- 1.2.1 An Alternative to R2P's Apolitical Logic -- 1.2.2 Identifying the ICC's Primary Purpose -- 1.2.3 A Distinctive Vision of World Order -- 1.2.4 The Meaning and the Role of Evil -- 1.3 Chapter Outline -- 1.4 Conclusion -- Bibliography -- 2 Evil as a Crime Against Humanity -- 2.1 Approaching Evil -- 2.2 Defending Evil Against 'Evil-Sceptics' -- 2.2.1 A Fundamental Mindset Inclined to Burn Witches -- 2.2.2 Abusing Evil: Dichotomising the World -- 2.2.3 Crusading Moralism -- 2.2.4 Everything-Including Evil-Is Relative (and Only That Is Absolute) -- 2.2.5 The Concept of Evil: A Black Hole -- 2.2.6 Abandoning Evil? -- 2.3 Evil as a Crime Against Humanity -- 2.3.1 Hannah Arendt's Account of Evil -- 2.3.2 Mass Atrocities as-And Through the Lens of-Evil -- 2.4 Conclusion -- Bibliography -- 3 A Responsibility to Protect Humanity from Evil -- 3.1 The Responsibility to Protect and Evil -- 3.1.1 Born Out of the Experience of Evil -- 3.1.2 Designed to Combat Evil (?) -- 3.2 R2P as an Evil: Sceptics and Critics -- 3.2.1 The Bible, the Sword and the R2P: R2P as (Western) Neo-imperialism -- 3.2.2 Intervention as a Threat to International Order, Stability and Peace -- 3.2.3 Sound and Fury Signifying Nothing: R2P the Legal Void -- 3.2.4 The Anti-political Theory of R2P: The Need to Re-politicise R2P -- 3.3 R2P Against Evil: A Responsibility to Protect Humanity from Evil -- 3.4 Conclusion -- Bibliography -- 4 The International Criminal Court as a Bulwark Against Evil -- 4.1 A Court of Dreams? -- 4.2 Swords and Scales -- 4.3 Combatting Evil as the ICC's Primary Purpose -- 4.3.1 Combatting Evil-The ICC's raison d'être?.