The 19th World Congress in Philosophy of Law and Social Philosophy Le 19ème Congrès Mondial de Philosophie du Droit et de Philosophie Sociale 19 Congreso Mondial de Filosofia del D e r e cho y Filosofia Social 1 9 .We l t k o n g r e für Rechts – und Sozialphilosophie

Congress Pr o g r a m

PACE UNIVERSITY

24 JUNE – 30 JUNE, 1 9 9 9

NEW YO R K , N. Y.U. S. A . Dear World Congress Attendees:

Pace University is honored to be the host of the 19th World Congress on the Philosophy of Law and Social Philosophy. This year’s event marks the first time in over twenty years that the Congress is being held in the United States and the first time ever in NewYork City.

The Congress is a prestigious event that features legal historians and scholars from around the world. Participants have the opportunity to explore fundamental philosophical and legal concepts such as sovereignty, property and equality with their peers from other countries. This year’s topics include some of the most important issues facing our world,including individual and group rights; global security; medical ethics; technology; and legal and governmental systems.

We are excited to have you with us and please enjoy your stay in NewYork.

Sincerely,

President Patricia O’Donnell Ewers Pace University B a c k g r o u n d i n f o r m a t i o n

A Brief History of Am i n ta ph i l

The American section of the IVR, known as Amintaphil, for “American Section of the International Association for the Philosophy of Law and Social Philosophy,” dates from 1963, when it was established by Tom Cowen of Rutgers University Law School, Sam Shuman of Wayne State University School of Law, and Gray Dorsey, of the Washington University School of Law, among others. Its first president was Jerome Hall, a lawyer, and the second was Iredell Jenkins, a philosopher. Since its establishment,Amintaphil has had seventeen presidents and five execu- tive directors. About a dozen years ago, Amintaphil’s Canadian members established a Canadian national section; but most of them continue as active members of Amintaphil as well. Gray Dorsey was president of IVR for a four-year term, and Carl Wellman, his secretary general, is today an hon- orary president of the IVR. The first American member of the IVR Executive Committee was Lon Fuller, who was elected to the Executive Committee in 1975. Since then,Amintaphil has been represented by an unbroken chain of members of the Executive Committee. Although Amintaphil was first established by academic lawyers, its members decided early on to encourage philosophers and political scientists to join as well. Since then, its meetings have been held alternately at the major annual meetings of the principal organizations representing those disciplines: the Association of American Law Schools, the American Philosophical Association, and the American Political Science Association. In a departure from the practice of most other national sections, panelists at Amintaphil’s meetings do not read their papers at the meetings. Persons attending the meetings are expected to have read the papers prior to the meetings themselves. The chair of a panel summarizes the papers to refresh the memories of attendees, and the bulk of the time is devoted to a spirited discussion among panelists and other participants. The membership has developed an elaborate system of hand signals to enable the chair of a session to determine whether those seeking to intervene in the discussion intend to elaborate on the point currently being discussed or to move on to a new aspect of the issue. Some sections of the IVR World Congress in St. Louis in 1975 were conducted in this way as a demonstration, and it has in fact caught on in some other national sections. Amintaphil is proud to serve as the American affiliate hosting the nineteenth world congress of the IVR, and extends a warm welcome to its colleagues from around the world. h i s t o r i c a l s u r v e y

19th World Congress on Ph i lo s ophy of Law and Social Ph i lo s oph y

Pace University June 1999

The International Society for Philosophy of Law and Social Philosophy (known by its German initials, IVR, for Internationale Vereinigung für Rechts- und Sozialphilosophie—altered from the original title,Wirtschaftsphilosophie) will hold its nineteenth world cong ress at Pace University in New York City. The IVR was established in Berlin in 1909 as a forum at which scholars in the fields of law, ph i l o s o p h y, and political science could exchange views on theoretical and practical issues related to philosophy, la w, and the social sciences. It s fo u n d e rs , Josef Kohler and Fritz Berol z h e i m e r , had established the A r chiv für Rechts- und W i rt s ch a f t s p h i l o s o p h i e as an organ for legal and social philosophy. With the founding of the IVR, the journal became its official publi c a t i o n . Almost from its ver y inception by two neo-Hegelians, the IVR broadened its scope, both ideologically and geogra p h - ic a l l y . As the organization g rew, it established affiliated branches throughout the world. The American branch, known as Amintaphil, is now the largest affiliate. Virtually every European country has an affiliate, and others are located in , China, South Korea, Canada, ,Argentina,, and other parts of Asia and Latin America. In its earliest period, such renowned scholars as Paul Vinogradoff of England, Emile Durkheim of , and Giorgio del Vecchio of were actively involved in the IVR. Its members represented Neo-Kantianism, Neo- Hegelianism, Phenomenology, Existentialism, Roman Catholic Natural Law theory, Legal Realism, and many other movements in legal and social philosophy in its publications and meetings. Archiv has been published continually (with a five-year hiatus during the Second World War) since its founding, with more than 80 annual volumes and more than a hundred supplementary volumes in print. The quadrennial world congresses of the IVR are counted from the first post-war congress in 1957. They present opportunities for scholars from many nations with diverse legal, political, social, religious, and cultural backgrounds to exchange views on important issues and to get to know one another and establish professional and personal rela- tionships that often last a lifetime. The IVR currently has 44 national sections and 2500 members in all parts of the world. The 1999 IVR world congress is the first such event to be held in NewYork City and the second to be held in the United States. The IVR has survived two world wars, a multitude of dictators, and the cold war, maintaining throughout its dedica- tion to open discussion, respect for ideological differences, and the creation of personal friendships among its mem- bers. As Professor Gerhard Sprenger has put it, the IVR’s ecumenical nature, with legal and social philosophers con- vening from every corner of the earth, has assured its devotion above all to tolerance, the rule of law, and solidarity among its members.

— Burton M. Leiser, based upon accounts of the history of the IVR by Professors Rex Martin and Gerhard Sprenger G e n e r a l i n f o r m at i o n

Badges To avoid misunderstanding, please wear your IVR-99 Congress badge at all Congress events. Those individuals not wearing badges may be excluded. Badges are provided for accompanying persons as well as for participants; accompanying persons should also wear their badges to all Congress events.

Accompanying Persons Accompanying persons are welcome to participate in all Congress events. However, the accompanying persons fee does not cover publications, and various other items provided to regular registrants. All such items may be pur- chased separately by those registered as accompanying persons, subject to availability. Accompanying persons are asked please to wear their badges to all Congress events.

Punctuality The Congress is, as usual, on a very tight schedule. Therefore, for your own convenience and as a courtesy to oth- ers, you are asked to be punctual for all Congress events. Chairpersons are asked to try to see to it that speakers arrive on time – preferably some minutes before the beginning of a session – and to enforce schedules as strictly as possible.

Copies of Working Group Paper s Photocopies of working-group papers (those for which the authors have provided manuscripts) may be purchased at The World Trade Institute in Room 12. Registrants may take twenty complimentary copies. Identify the papers you want to the staff and you may take them.Additional copies may be purchased for $2.00.

Shuttle Bus Service For the convenience of those staying at the Pace University dormitories, a special Congress jitney will leave from in front of the Spruce Street entrance on Thursday, June 24 to the World Trade Institute and return to Pace University at regular intervals.

Opening Reception on June 24 Opening ceremonies will take place in The World Trade Institute on the evening of June 24th,beginning promptly at 17:30.

How the IVR Conference is Organized Organization of the Academicograms: Pr Sections and Units At this Congress, there are plenary lectures, which everyone attends. In addition to working-group presentations, there are also full-length lectures (in the shorter side) in parallel sessions.The sessions are held in various rooms and locations: please consult the “Schedule”ahead of time.

Working Group Presentations Working group presentations should be held to 15 minutes whenever possible. Chairpersons will stop speakers after 20 minutes – in some cases sooner, where the session is particularly tight. To avoid problems, working groups speakers should control their time carefully.Working-group presentations are intended only to summarize the papers which participants can obtain at The World Trade Institute (if manuscripts have been provided by the authors). Time must be left for discussion, which is the main point of the working groups. I V R - 9 9 P r o g r a m

Thursda y, 24 June 1999

09:00 -18:00 Registration World Trade Institute (WTI)

13:00 -17:00 Working Groups . WTI 13:00-15:00: Session I . WG 12: Business and Industry: Ethics and the Law. WG 18: Advances in Medical Sciences and Biomedical Engineering: Changing Ethical Perspectives. WG 19 & 22: International Intervention and National Sovereignty; Democracy and International Organizations (combined session). WG 25: Critical Legal Studies. 15:00-17:00: Session II . WG 26:Law and Literature. WG 27: Feminist Legal Theory. WG 28:Knowledge and Values in the Law. WG S1: Spanish-Speaking Group 1. 14:00-17:00 IVR Executive Committee Student Art Gallery, One Pace Plaza. 17:30-19:00 Reception, Welcoming Ceremon y. Lobby,WTI

Frida y, 25 June 1999

09:00 -11:30 Working Groups, Session III . WTI WG 2: Rights of Women in International Perspective. WG 3: Fundamental Legal Concepts: Sovereignty, Property,Personal and National Security, Laws of War and Peace. (First Session) WG 4: Legal Reasoning, Moral and Legal Norms in Multicultural Perspective. (First Session) WG 7: Human Rights: Social and Economic Rights and Group Cultural Rights. WG 9: Pragmatism, Realism,and Jurisprudence. WG17: Social Justice and Redistribution on a Global Scale. WG20: Logic and the Law. WG30: The Nature of the Law. (First session) WGS2: Spanish-speaking group 2.

10:00-12:00: IVR Executive Committee Student Art Gallery, One Pace Plaza.

13:00-15:30: Parallel Sessions I . One Pace Plaza 1 The Ethical, Legal and Social Impact of Scientific Disco very and Technolo gical Advances. • Michael McDonald, Director, Centre for Applied Ethics, University of British Columbia. • Giovanni Sartor,The Queen’s University, Belfast, Ireland. •Wesley Cragg,York University School of Law, Ontario, Canada. 2 Human Rights and Group Cultural Rights. •Tom Campbell,Australian National University. • Attracta Ingram, University College, Dublin, Ireland. •Virginia Held, Graduate Center, City University of New York. • Rainer Bauböck, Institute for Advanced Studies,Austria. • Rex Martin, University of Kansas, USA (Chair) 3 The Structure of Legal Systems. • Cristina Redondo, University of Cordoba,Argentina. • Gabor Halmai, Loránd Eötvös University School of Law, Budapest/Györ, Hungary. • Rolando Tamayo y Salmoran, Universidad Nacional Autónoma de México.

16:00-17:30 Plenary Session I. Minority Rights. One Pace Plaza • Shadrack Gutto, University of the Witwatersrand, South Africa. • Martin Farrell,Argentina. • Gertrude Ezorsky, USA (Chair) • Rebecca Tsosie,Arizona State University, USA

17:30-18:30 Young Scholar’s Prize-Winning Paper .

Saturda y, 26 June 1999

09:00 -11:30 Working Groups, Session IV . WTI WG 3 Fundamental Legal Concepts: Sovereignty, Property,Personal and National Security, Laws of War and Peace. (Second Session) WG 4 Legal Reasoning, Moral and Legal Norms in International Perspective (Second Session) WG 6 The Ethical, Legal, and Social Impact of Scientific Discovery and Technological Advances. WG 11 The Environment and Natural Resources: Preservation and Access to the World of Nature. WG 13 Juridical Models of Constitutions and Democratic Systems. WG 23 Sociological Jurisprudence. WG 29 Legal Systems and the Science of Law. WG 30 The Nature of Law (Second Session). WG 31 Natural Law. 10:00-12:00 ARSP Meeting,Student Art Gallery. One Pace Plaza

13:00-15:30 Parallel Sessions II . One Pace Plaza 4 The Communications Re volution and Computer Ethics;Artificial Intelligence , Logic, and the La w (combined session). • Deborah Johnson, Georgia Institute of Technology,Atlanta, Georgia, USA. • Mich Kabay, Director of Education, ICSA, Inc. • Arend Soeteman,Vrije University,Amsterdam,The . • Hajime Yoshino, Meiji Gakuin University Faculty of Law,Tokyo, Japan. 5 Pragmatism, Legal Realism, and Jurisprudence . • Enrico Pattaro/Gianfrancesco Zanetti/Paolo Comanducci, University of Bologna School of Law, Italy •Jes Bjarup, University of Stockholm, . • Robert C. L. Moffat, University of Florida School of Law, USA. 6 Conceptions of La w. •Werner Krawietz, University of Münster, . • Pablo Lopez Ruf, University of Buenos Aires,Argentina

16:00-18:00 Plenary Session II. Women’s Rights . Schimmel Center, One Pace Plaza •James Sterba, University of Notre Dame, Notre Dame, Indiana, USA. • Anindita N. Balslev, University of , .

Sunda y, 27 June 1999

09:00-11:30 Parallel Sessions III . One Pace Plaza 7 Business Ethics. • Richard T. De George, University of Kansas, USA. • David Wood, Melbourne University, Australia. •Wade Robison, Rochester Institute of Technology, USA (Chair) 8 Constitutions and Democratic Systems. • Michel Troper, Centre de Théorie, University of Paris, France. •Tatsuo Inoue,Tokyo University,Japan. • Ricardo A. Guibourg, University of Buenos Aires,Argentina. • Neil Walker, University of Aberdeen, United Kingdom.

13:00-16:00 IVR Nominating Committee. Student Art Gallery, One Pace Plaza

17:00-19:30 IVR CHAMBER CONCER T, THE HARMONIE ENSEMBLE . Schimmel Center, One Pace Plaza

Monda y, 28 June 1999

All day’s events to take place at: United Nations 46th Street and First Avenue Visitor’s Entrance (Invitation and Photo I.D. required) 10:00-12:00 Plenary III. Legal Reasoning, Legal and Moral Norms . • Joseph Raz, Oxford University, UK. • Jeremy Waldron, Columbia University, USA. • Patricia Smith, Baruch College, NewYork City, USA. 10:00-12:00 Prsident, National Sections of IVR. Faculty Dining Room, One Pace Plaza 12:00-12:30 Keynote Address,Abraham J . Foxman,Anti-Defamation League , New York . 12:30-14:00 Lunch Break . 14:00-16:15 Plenary IV . Law and the Environment . • Francois Ost, University of Saint Louis, Brussels, Belgium. • Nicholas Robinson, Pace University School of Law,White Plains, NY, USA. • Ben Boer 16:15-17:00 Keynote address, Hon. Charles Rangel, Member , Cong ress of the United States. 17:00-17:30 Presentation of “The Law in Philosophical Perspecti ve: My Philosophy of La w.” 17:15 Tour of the United Nations. 18:00-19:30 Reception. Tuesda y, 29 June 1999

08:30 Bus in front of Pace Plaza, transport to American Museum of Natural Histor y. Tour (Pre-Registration Required) 09:00-11:30 Working Groups Session V. WTI WG 1 Minority Rights: Cultural Identity and National Boundaries. WG 3 Fundamental Legal Concepts (Session 3). WG 4 Legal Reasoning, Moral and Legal Norms in Multicultural Perspective (Session 3). WG 7 Human Rights: Social and Economic Rights and Group Cultural Rights. WG 9 Pragmatism, Legal Realism, and Jurisprudence. WG 13 Juridical Models of Constitutions and Democratic Systems (Session 2). WG 24 Law and Economics. WG 29 Legal Systems and the Science of Law. WGS 3 Spanish-Speaking Working Group 3. 09:30 Tour of the American Museum of Natural Histor y, “Hall of Bio-Di versity” 10:00-12:00 Presidents, IVR National Sections Student Art Gallery, One Pace Plaza 13:00-15:30 Parallel Sessions IV . One Pace Plaza 9 Nationalism and Re gional Organizations. • Neil MacCormick, University of Edinburgh School of Law, Scotland. •Jan M. Broekman, Catholic University of Leuven, Belgium. • Omar Dahbour, Colorado State University, USA. 10 Medical Science , Biomedical Engineering, and Ethics. •Joan Callahan, University of Kentucky, USA. •Vilhjalmur Arnason, University of Rejkjavik, Iceland. • Deryck Beyleveld, Sheffield University School of Law, England. 11 Customary and Religious La w. • Martin Golding, Duke University, USA (Chair). • Carla Faralli/Alessandra Facchi, University of Bologna, Italy. • Diana Meyers, University of Connecticut, USA. • Ali Mazrui,State University of NewYork at Binghamton, USA. 16:00-18:30 Plenar y V. Fundamental Legal Concepts for a Global Society . Schmmel Center, One Pace Plaza • Charles Sampford, Griffith University, Queensland,Australia. • Sofia Popescu,Valahia University, Bucharest, Romania. •John Humbach, Pace University School of Law (Chair). • Ben Ferencz, Pace University School of Law, USA. 19:30-21:00 “Philosophy and Law at the Opera. ” Maestro Joseph Colaneri, Metropolitan Opera, and a Cast of Singers. 21:00-22:30 Farewell Reception and Championship Dance Exhibition, Mar riott-World Trade Center Grand Ballroom (by paid reservation only, $35 per person).

Wednesda y, 30 June 1999 A c k n ow l e d g m e n ts :

The Congress Organizers would like to express their thanks to all of those institutions and individuals who helped make this World Congress possible.

Amintaphil Pr og ram Committee Lindsley Homrighausen, Development. Larry Alexander, University of San Diego Marilyn Jaffe-Ruiz,Vice President,Academic Affairs School of Law. John Kim, Development. Sidney Axinn, Sarasota, Florida. John Mark, Student Aide Wesley Cragg,York University. Charles Masiello, Dean, Dyson College of Arts and Eugene Dais, University of Calgary School of Law. Sciences. Richard De George, University of Kansas. Alphonsine Muremanyundo, Community Relations. Joseph Ellin,Western Michigan University. Ron Nahum, Comptroller. Leslie Francis, University of Utah School of Law. Richard Ottinger, Dean, School of Law. Emily Gill, Bradley University. Richard Podgorski, Provost Carol Gould, Stevens Institute of Technology. Leonard C. Sippel, ExecutiveVice President,Finance Christopher Gray, Concordia University, Montreal. and Administration. Virginia Held, City University of NewYork Graduate Joan K.Tucker,Vice President for University Relations. Center. Jane Valetta,World Trade Institute. Alistair MacLeod, Queens University, Kingston, Nancy M.Walker,Vice President for Development. Ontario. Lillian Zito,World Trade Institute. Rex Martin, University of Kansas and University of Wales, Swansea. Lester Mazor, Hampshire College. Pace Uni versity Secretariat Diana T. Meyers, University of Connecticut (Faculty Advisory Committee) Robert C. L. Moffat, University of Florida Law Center. Madonna Adams, Philosophy. David F. Stern,Tampa, Florida. Virginia Black, Philosophy. Coordinator,Working Group Sessions. Carl Wellman,Washington University. Harold Brown, Philosophy. Pace Uni versity Administration and Staff Robert Chapman,Philosophy. Heather Carnesi,World Trade Institute. Robert Isaak, Management. Dennis Craig,World Trade Institute. Greg Julian, Social Sciences, United Nations Program. Juliana D’Erasmo, Special Events. Frances Keegan,Administration. Kathleen Dunleavy, Community Relations. Warren Keegan, Institute for Global Business. Bill Evans,Development. Tom O’Sullivan, Chair, Philosophy and Religious Patricia O’Donnell Ewers, President. Studies. Ellen Farber,Pace Adult Resource Center. Joseph M. Pastore, Management. Lisa Farese, Development. Wendy Porterfield,Assistant Dean, School of Law. Mia Fienemann, Dyson College. Lily Shortridge-Baggett, Lienhard School of Nursing. Christine Gendreau,Development. Gabriel Simoncini, History. David Hapke, Budget Harlan Wallingford, Marketing. D on ors

The Organizing Committee expresses its deep gratitude to the following donors, who have generously contrib uted funds without which IVR-99 would have been impossible . The Committee is especially appreciative of the enormous contrib ution Pace University has made, both in financial support and in the provision of services and fac i l i t i e s .

Abraham Edel, Professor Emeritus,University of Pennsylvania Amintaphil Professor Rex Martin, University of Kansas and University of Wales Washington University (St. Louis), Faculty of Arts & Sciences Women’s Research and Education Fund

A d v i s e rs

As Chair of the Organizing Committee, I extend my profound appreciation to all of the people and organizations mentioned above for the invaluable assistance they have given to us during the years of planning this Congress. I would be remiss, however, if I did not make special mention of Enrico Pattaro, President of the IVR during the past four years; Rex Martin, of the University of Kansas; and Carl Wellman, of Washington University for their extraordinary assistance in countless ways, for their sound advice and counsel, and for their wise guidance during times of crisis; and Virginia Black for her indefatigable efforts in organizing working groups.And finally, for her extraordinary patience, good judgment, and unfailing good humor during several years of hard work and sleepless nights, I owe my wife, Janet Johnson, my eternal gratitude.

R e c i pi e n ts of Awards Under the G rant from the Wom e n ’s Research and Educat ion Fund

Meenakshi Jain, Indian Institute of Comparative Law, working on a human rights project under Prof. K. B.Agrawal Alexandrina Serban, Lecturer at the Law Faculty, Ecological University, Bucharest, Romania Alexandra Xanthaki, from Greece, currently completing her doctorate at Keele University, Staffordshire, England Nidhi Gupta,Associate Professor of Law, Indian Institute of Comparative Law, Jaipur, India Violette Damian, Bucharest, Romania