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Conclusion The lesson is that while externalists avoid devastating objections to internalist moral realism, they thereby sacrifice most of thepractical significance of moral realism as an alternative to noncognitivism. They defend the objectivity of moral beliefs, but are forced to concede that the practical relevance and appeal of those beliefs depends on subjective desires. It is because they correctly reject internalism that they succumb to the non-cognitivists'tu quoque.  相似文献   

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Friedland  Julian 《Law and Critique》2001,12(2):185-199
This paper provides a critique of the contemporary notion of intellectual property based on the consequences of Wittgenstein's “private language argument”. The reticence commonly felt toward recent applications of patent law, e.g., sports moves, is held to expose erroneous metaphysical assumptions inherent in the spirit of current IP legislation. It is argued that the modern conception of intellectual property as a kind of natural right, stems from the mistaken internalist or Augustinian picture of language that Wittgenstein attempted to diffuse. This view becomes persuasive once it is shown that a complete understanding of the argument against private language must include Wittgenstein's investigation of the role of the will in the creative process. It is argued that original thought is not born by decree of the will, but engendered by a public context of meaning and value. What marks a person as a genius is, therefore, according to Wittgenstein, not some sovereign capacity of conceptual world-making, but merely a propitious dose of intellectual courage. This revised version was published online in July 2006 with corrections to the Cover Date.  相似文献   

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The number of women in the legal profession has grown tremendously over the last 40 years, with women now representing about half of all law school graduates. Despite the decades‐long pipeline of women into the profession, women's representation among law firm partnerships remains dismally low. One key reason identified for women's minority presence among law firm partners is the high level of attrition of women associates from law firms. This high rate of female attrition undermines efforts to achieve gender equality in the legal profession. Using a survey of 1,270 law graduates, we employ piecewise constant exponential hazard regression models to explore gendered career paths from private law practice. Our analysis reveals that, for both men and women, the time leading up to partnership decisions sees many lawyers exit private practice, but women continue to leave private practice long after partnership decisions are made. Gender differences in leaving private practice also surface with reference to cohorts, areas of law, billable hours, firm sizes, and career gaps. Notably, working in criminal law augmented women's risk of leaving private practice, but not for men, while taking time away from practice for reasons other than parental leaves, hastens both men's and women's exits from private practice.  相似文献   

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The inner-city riots of 1980s Britain provoked an important set of debates in the progressive criminological literature about police accountability and the policing of racial minorities. Two main oppositional political strategies emerged. Following the pioneering work of Hall et al. (1978) some British criminologists supported a police monitoring strategy that proceeded on a case by case approach. In a more generalized approach, the strategy employed by the left realist school made use of the local crime survey in order to gather data on crime and policing practices that were used in public forum to make police accountable. In fulfilling this mandate, the first sweep of the Islington Crime Survey (ICS) provides an empirically grounded analysis of focused military-style policing in the Black community. These authors argue that differential policing practices, such as stop and search patterns, alienate Black youth from the police and contribute to the reduced flow of information from the community to the police vital for police effectiveness at crime control.The premise of this paper is that while both of these positions have been conceptually useful, they probably oversimplify the more complex social response of the Black community to focused policing methods. The paper begins with a critique ofPolicing The Crisis and suggests that it was this critique that primarily motivated the left realist response. In examining the scope of this response, the paper reviews two specific models of these relationships as proposed in various publications from the realist school. It is suggested that seven hypotheses can be deduced from these models, and that data from the first sweep of the ICS allow some assessment of the empirical support for these models.After examining the empirical evidence from the ICS, the paper concludes that while there is considerable empirical support for the analysis provided inThe Islington Crime Survey, the authors have probably not gone as far in their analysis as the data allow. A further analysis suggests that the response to military-style and focused policing, far from being uniform, is, in fact, bifurcated. In some instances, the very people who are the targets of biased policing practices demand more of the same. A model that depicts the complex nature of this response is provided.  相似文献   

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Larry W. Yackle, Reform and Regret: The Story of Federal Judicial Involvement in the Alabama Prison System New York and Oxford: Oxford University Press, 1989, xii+322 pp.  相似文献   

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《Federal register》1983,48(219):51648-51650
The Office of the Secretary, Department of Health and Human Services, is proposing to amend 41 CFR 3-1.6, Debarred, Suspended, and Ineligible Bidders, to implement the provisions of Federal Procurement Regulations [FPR] Temporary Regulation 65, Debarment, Suspension and Ineligibility of Government Contractors.  相似文献   

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On 10 April 2007, the United States requested consultationswith China regarding trading rights for publications and audiovisualproducts. Following US—Gambling, this case is likely toprovoke the next clash between free trade and public morals.This article takes an abstract approach to the scope and contentof the public morals and public order exceptions in the GATSand the GATT and, given the absence of a public order exceptionunder the GATT, analyzes how these two concepts interrelatewith one another. In this regard, the finding in US—Gamblingthat Members should individually define the scope of ArticleXIV(a) GATS is critically examined, but the article suggeststhat it deserves support based on an interpretation in accordancewith general principles of the law of treaties. Following theidentification of instruments that limit the risk for abuseof the morals and order exceptions, the article will turn tothe scope-related aspect regarding the justifiability of ‘extraterritorial’measures.  相似文献   

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This article examines the ethics of medical practice under managed care from a pragmatic perspective that gives physicians more useful guidance than existing ethical statements. The article begins by stating the authors' starting premises and framework for constructing a realistic set of ethical principles: namely, that bedside rationing in some form is permissible; that medical ethics derive from physicians' role as healers; that actual agreements usually trump hypothetical ones; that ethical statements are primarily aspirational, not regulatory; and that preserving patient trust is the primary objective. The authors then articulate the following concrete ethical guides: financial incentives should influence physicians to maximize the health of the group of patients under their care; physicians should not enter into incentive arrangements that they would be embarrassed to describe accurately to their patients or that are not in common use in the market; physicians should treat each patient impartially, without regard to source of payment, and in a manner consistent with the physician's own treatment style; if physicians depart from this ideal, they must tell their patients honestly; and it is desirable, although not mandatory, to differentiate medical treatment recommendations from insurance coverage decisions by clearly assigning authority over these different roles and by having physicians to advocate for recommended treatment that is not covered.  相似文献   

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Police procedures and practices in the investigation of crime are shaped by many things. One particularly important constituent part of the development of investigative procedures and practices is the approach of the courts to the admissibility at trial of evidence obtained in a certain manner. While a judge can only address the specifics of whatever cases are brought before him, the judiciary as a whole have a significant role to play in terms of police accountability and governance through their development and application of any exclusionary rules of criminal evidence. This article examines the judicial oversight of policing by way of the exclusion of improperly obtained evidence at trial. Its central focus is on the development and operation of the exclusionary rule in Ireland, though relevant law in other jurisdictions, including England and Wales, the United States, Canada and New Zealand, is also considered. Particular attention is paid to the recent Irish Supreme Court decision of DPP v Cash, and its ramifications for judicial oversight of policing.  相似文献   

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