Theorising the Rainbow? The Puzzle of the Public-private Divide

Two influential approaches to conceptualising the relationship between public and private law have suggested that the distinction between them should be abandoned. The first, as exemplified by Oliver, suggests that the distinction should be abandoned in favour of fusion based on the notion of commonality. The second, as exemplified by Teubner, rejects fusion, arguing for the replacement of the distinction with a concept capturing the multi-dimensional complexity of law in multiple social contexts: `polycontexturality'. This article focuses primarily on exploring conceptual puzzles presented by Oliver's `commonality thesis', and argues for a reconceptualisation of the relationship between public and private law as multi-layered. Monolithic and rigidly binary concepts alike should be replaced by a complex set of relationships – a position broadly supportive of Teubner's. However, it is argued that the relationships between public and private law are to be seen as existing on a spectrum, or even on an overarching meta-spectrum, in which the existence of distinctive `archetypal conceptual paradigms' influence as `meta-spectrum extremities'. This presents a limited caveat to Teubner's thesis. I suggest that explicit theoretical attention to both the implications of polycontexturality and the existence of the archetypal conceptual paradigms as meta-spectrum extremities might avoid occluding important distinctions and nuances within a fusion that tends illegitimately to subsume private law within a public law paradigm. Such an analysis, I argue, could enhance the coherence of the law in complex, multi-dimensional cases at the troubled borderline between public and private law. This revised version was published online in August 2006 with corrections to the Cover Date.     

“PERHAPS YOU ONLY KISSED HER?”: A Contrapuntal Reading of the Penalties for Illicit Sex in the Sunni Hadith Literature

The goal of this essay is to illustrate how Ebrahim Moosa's method of “contrapuntal reading” can be applied fruitfully to the Sunni hadith literature. My case study is the set of penalties (hudud) for illicit sex, which include flogging, stoning, and banishment. I propose a fresh reading of these sacred texts that brings to the fore the ethical dimension of Prophet Muhammad's conduct, especially his strong reluctance to apply these measures. I conclude by identifying four ethical problems that the stoning penalty raises and suggest how the hadith literature can be read to argue against the validity of this specific punishment.     

Sexual ethics and communal judgments: on the pluralism of virtues, values, and practices.

Different judgments by Christian communities on issues in sexual ethics involve different weightings of various sources of moral authority, different understandings of the normativity of the natural, and different assessments of the scope of freedom to be exercised in relation to the goods of marriage. These fundamental differences of interpretation can be exemplified by the ongoing Roman Catholic discussion of the legitimacy of voluntary sterilization in certain "hard cases." The contributors to this issue of Christian Bioethics, in their spirited exchange on that issue, exemplify the need for careful attention to the ways that differences of theological emphasis and moral method lead to different judgements in particular cases, both within and between particular Christian communities.     

Group choice: competition, travel, and the ideal free distribution

If a group of foragers distributes among resource patches according to the ideal free distribution, the relative number of foragers in each patch should match the relative amount of resource obtained there, unless deviations arise from factors such as incomplete information or interforager interference. In analogy to individual choice, such effects may produce undermatching—group distribution falling short of resource distribution—or overmatching—group distribution overshooting resource distribution. In the present experiments, a flock of about 30 pigeons distributed between two patches with continuous inputs of green peas. Competition was varied by changing the size or extent of the patches. When the patches were areas or troughs, some undermatching occurred. When the patches were small bowls, strong undermatching occurred. When travel was required to switch patches, undermatching decreased slightly. A visual barrier that prevented pigeons from seeing one patch from the other had no effect. Overall rate of food delivery, varied over a wide range, had no effect. It appeared that the mechanism of flock distribution depended on comparisons between patches that were successive rather than simultaneous. Although most pigeons participated in the experiments, and different pigeons participated to different extents, individual pigeons tended to be consistent in the extent of participation from session to session, suggesting the possibility that participation might reflect competitive ability. Examination of the preferences and switching of individual pigeons revealed no consistency within or across individuals. It appeared that the flock's distribution was a truly emergent phenomenon, in the sense that results at the level of the flock in no way paralleled behavior at the level of the individual.     

The Brier Rule Is not a Good Measure of Epistemic Utility (and Other Useful Facts about Epistemic Betterness)

Measures of epistemic utility are used by formal epistemologists to make determinations of epistemic betterness among cognitive states. The Brier rule is the most popular choice (by far) among formal epistemologists for such a measure. In this paper, however, we show that the Brier rule is sometimes seriously wrong about whether one cognitive state is epistemically better than another. In particular, there are cases where an agent gets evidence that definitively eliminates a false hypothesis (and the probabilities assigned to the other hypotheses stay in the same ratios), but where the Brier rule says that things have become epistemically worse. Along the way to this ‘elimination experiment’ counter-example to the Brier rule as a measure of epistemic utility, we identify several useful monotonicity principles for epistemic betterness. We also reply to several potential objections to this counter-example.     

Francis Collins,the Skeptics,and Evidence for God

Skeptical Inquirer magazine has published an attempted refutation of Francis Collins' book, The Language of God. The refutation argues that Collins lacks scientific evidence for God and that Collins actually appeals not to evidence, but to personal belief. In refutation of this refutation, Ted Peters argues that Collins plays completely within the rules of scientific discourse while providing rational evidence—though not conclusive proof—for the existence of God as creator and moral lawgiver.     

Archbishop Wulfstan and the importance of paying God his dues

Archbishop Wulfstan of York (d. 1023) stands as one of the most powerful churchmen of his age. His sermons, law-codes, and political tracts are carefully crafted pieces of rhetorical power, albeit often prone to exergasia, anaphora, and epiphora. They are excellent examples of the quality and power of episcopal prose in the eleventh century, and the very real concerns facing the Anglo-Saxon realm. Beyond the enduring appeal and colourful flavour of his writings, it is possible to see a very determined effort to demand from the lay population a large number of payments for the service of the Church. Whilst this may appear a rather narrow-minded focus, certainly in a time of war and invasion, it will be argued here that for Wulfstan they offered a vehicle by which disaster could be averted, society could be aligned along proper Christian lines, and the nation itself could be saved.     

脑激活定律

用物理学的观点在系统水平上讨论脑内功能子系统的脑区激活及相互作用。引入一些参量描述脑功能特性 ,并且根据现有实验事实提出脑激活的四条定律。     

法律运行道德追问的两重向度

将法律运行的道德追问规定为两重向度 ,既有其学理的依据 ,又是历史给予的启示和破解现实难题的需要。对立法的道德追问不仅要考察法之形式正义和实质正义 ,而且要审视法与社会主导道德以及与广大民众心理和情感相契合的状况。对司法的道德追问则不仅要关注司法是否公正以及司法工作者是否具有良好的职业道德素质 ,而且应特别关注当下我国社会全面转型时期司法之“应然”。