The Dynamics of Legal Positivism. Some Remarks on Shiner's Norm and Nature

In a recently published book, Roger Shiner shows that understanding the fundamental discrepancies between different legal theories is important for a better understanding of law itself. He argues that one of the most important tasks of legal philosophers is to take into account the dynamics or conceptual movements generated by positivism and antipositivism. Our paper intends to show that Shiner's analysis can be developed and modified when other relevant elements are introduced into the universe of discourse. We emphasize the importance of a positivistic conception of legal science. According to Shiner, an adequate theory of law must reproduce the way in which legal norms work in the lives of the participants who accept the law. After analyzing the distinction between norms and norm propositions and the relationship between legal science and the external point of view, we show that legal positivism is not committed to reproducing the internal point of view to law.     

Older parents' expectations for filial support

A measure of general filial obligation expectations is presented. With data from a representative sample aged 70 and older, we show that generalized expectations for support from adult children are not patterned systematically by sociodemographic factors or by health needs of the older respondents. A typology is presented which relates expectations for help to judgments of the level received. This typology is meaningfully related to social indicators presumably related to need such as marital status and socioeconomic status. Whether one is dissatisfied, satisfied, or pleasantly surprised by the assistance one receives is associated with evaluative judgments of children. The parent-child bond is affected not only by exchange patterns but by the fit between expectations and exchange patterns.     

Accounting for culture in a globalized bioethics.

How might a global bioethics account for profound cultural difference in a world marked by porous borders? The authors endorse a critical, self-reflexive bioethics, suggesting that bioethics needs to change its fundamental orientation if it is going to remain relevant and intellectually vibrant throughout the twenty-first century. Bioethics must attend to issue of social justice and public health, while seriously considering the implications of social context for medical morality. Negotiating moral consensus across cultural boundaries will be difficult, but is is more likely to succeed if we critically engage with the cultural assumptions underlying bioethics itself.