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All Outputs (62)

Moral Precaution and the Limits of Knowledge: A Reply to Coggon (2025)
Journal Article
Beyleveld, D., & Pattinson, S. D. (2025). Moral Precaution and the Limits of Knowledge: A Reply to Coggon. Clinical Ethics, 20(2), 98-106. https://doi.org/10.1177/14777509251339277

It is widely assumed in the bioethical literature that the existence of any absolute moral principle depends on the ability of moral intuition to be in line with metaphysical reality. It is further assumed by many that we have shared access to (at le... Read More about Moral Precaution and the Limits of Knowledge: A Reply to Coggon.

Punitive and Preventive Justice in an Era of Profiling, Smart Prediction and Practical Preclusion: Three Key Questions (2019)
Journal Article
Beyleveld, D., & Brownsword, R. (2019). Punitive and Preventive Justice in an Era of Profiling, Smart Prediction and Practical Preclusion: Three Key Questions. International Journal of Law in Context, 15(2), 198-218. https://doi.org/10.1017/s1744552319000120

In the context of a technology-driven algorithmic approach to criminal justice, this paper responds to the following three questions: (1) what reasons are there for treating liberal values and human rights as guiding for punitive justice; (2) is prev... Read More about Punitive and Preventive Justice in an Era of Profiling, Smart Prediction and Practical Preclusion: Three Key Questions.

Inclusive governance over agricultural biotechnology: risk assessment and public participation (2017)
Journal Article
Beyleveld, D., & Jianjun, L. (2017). Inclusive governance over agricultural biotechnology: risk assessment and public participation. Law, Innovation and Technology, 9(2), 301-317. https://doi.org/10.1080/17579961.2017.1377908

A public outcry opposing the use of genetic modification of rice has produced a governance deadlock in China, which threatens to undermine attempts to reap the benefits that modern agricultural biotechnology can offer to the Chinese people. It is arg... Read More about Inclusive governance over agricultural biotechnology: risk assessment and public participation.

Morality in Intellectual Property Law: A Concept-Theoretic Framework (2016)
Journal Article
Adcock, M., & Beyleveld, D. (2016). Morality in Intellectual Property Law: A Concept-Theoretic Framework. Intellectual property rights. Open access, 4(1), Article 154. https://doi.org/10.4172/2375-4516.1000154

This paper presents a ‘concept-theoretic’ position on the relationship between law and morality in any legal system that includes respect for human rights as a fundamental principle of the legal validity of its rules. With European Union law (EU law)... Read More about Morality in Intellectual Property Law: A Concept-Theoretic Framework.

Korsgaard v. Gewirth on Universalization: Why Gewirthians are Kantians and Kantians Ought to be Gewirthians (2015)
Journal Article
Beyleveld, D. (2015). Korsgaard v. Gewirth on Universalization: Why Gewirthians are Kantians and Kantians Ought to be Gewirthians. Journal of Moral Philosophy, 12(5), 573-597. https://doi.org/10.1163/17455243-4681026

Christine Korsgaard claims that Gewirth’s argument for morality fails to demonstrate that there is a categorically binding principle on action because it operates with the assumption that reasons for action are essentially private. This attribution i... Read More about Korsgaard v. Gewirth on Universalization: Why Gewirthians are Kantians and Kantians Ought to be Gewirthians.

Why and How Should We Represent Future Generations in Policymaking? (2015)
Journal Article
Beyleveld, D., Düwell, M., & Spahn, A. (2015). Why and How Should We Represent Future Generations in Policymaking?. Jurisprudence, 6(3), 549-566. https://doi.org/10.1080/20403313.2015.1065642

This paper analyses the main challenges (particularly those deriving from the non-identity problem and epistemic uncertainty concerning the preferences of future persons) to the idea that we should and can represent future generations in our present... Read More about Why and How Should We Represent Future Generations in Policymaking?.

Towards a Kantian Phenomenology of Hope (2015)
Journal Article
Beyleveld, D., & Ziche, P. (2015). Towards a Kantian Phenomenology of Hope. Ethical Theory and Moral Practice, 18(5), 927-942. https://doi.org/10.1007/s10677-015-9564-x

The aim of this paper is to examine the extent to which Kant’s Critique of the Power of Judgment (CPoJ) can be, or otherwise ought to be, regarded as a transcendental phenomenology of hope. Kant states repeatedly that CPoJ mediates between the first... Read More about Towards a Kantian Phenomenology of Hope.

Williams’ False Dilemma: How to Give Categorically Binding Impartial Reasons to Real Agents (2013)
Journal Article
Beyleveld, D. (2013). Williams’ False Dilemma: How to Give Categorically Binding Impartial Reasons to Real Agents. Journal of Moral Philosophy, 10(2), 204-226. https://doi.org/10.1163/17455243-4681001

According to Bernard Williams, attempts to justify a categorically binding impartial principle fail because they can only establish categorically binding requirements on action by making them non-universalizable (Gewirth), and can only establish impa... Read More about Williams’ False Dilemma: How to Give Categorically Binding Impartial Reasons to Real Agents.

Emerging Technologies, Extreme Uncertainty, and the Principle of Rational Precautionary Reasoning (2012)
Journal Article
Beyleveld, D., & Brownsword, R. (2012). Emerging Technologies, Extreme Uncertainty, and the Principle of Rational Precautionary Reasoning. Law, Innovation and Technology, 4(1), 35-65. https://doi.org/10.5235/175799612800650644

This paper argues that, in a context of 'extreme uncertainty' (where it is believed that it is possible that an emerging technology might cause harm to humans, damage to the environment, or some form of moral violation; but where the likelihood of su... Read More about Emerging Technologies, Extreme Uncertainty, and the Principle of Rational Precautionary Reasoning.

The Principle of Generic Consistency as the Supreme Principle of Human Rights (2011)
Journal Article
Beyleveld, D. (2011). The Principle of Generic Consistency as the Supreme Principle of Human Rights. Human Rights Review, 13(1), 1-18. https://doi.org/10.1007/s12142-011-0210-2

Alan Gewirth’s claim that agents contradict that they are agents if they do not accept that the principle of generic consistency (PGC) is the supreme principle of practical rationality has been greeted with widespread scepticism. The aim of this arti... Read More about The Principle of Generic Consistency as the Supreme Principle of Human Rights.

Defending Moral Precaution as a Solution to the Problem of Other Minds: A Reply to Holm and Coggon (2010)
Journal Article
Pattinson, S. D., & Beyleveld, D. (2010). Defending Moral Precaution as a Solution to the Problem of Other Minds: A Reply to Holm and Coggon. Ratio Juris: An international journal of Jurisprudence and Philosophy of Law, 23(2), 258-273. https://doi.org/10.1111/j.1467-9337.2010.00453.x

This article responds to Holm & Coggon (2009) 22 Ratio Juris 295–309, which criticises a thesis advanced and defended in earlier (joint and sole authored) work . This ‘precautionary thesis’ is re-expressed and developed to show that Holm & Coggon’s c... Read More about Defending Moral Precaution as a Solution to the Problem of Other Minds: A Reply to Holm and Coggon.

The Foundational Role of the Principal of Instrumental Reason in Gewirth’s Argument for the Principle of Generic Consistency: A Response to Andrew Chitty. (2009)
Journal Article
Beyleveld, D., & Bos, G. (2009). The Foundational Role of the Principal of Instrumental Reason in Gewirth’s Argument for the Principle of Generic Consistency: A Response to Andrew Chitty. King's Law Journal, 20(1), 1-20

The legal idealism associated with the 'Sheffield School' rests on Gewirth's argument for the dialectical necessity of the 'PGC,' in which an interim derivation is the dialectically necessity for agents to claim the 'generic rights' for themselves. A... Read More about The Foundational Role of the Principal of Instrumental Reason in Gewirth’s Argument for the Principle of Generic Consistency: A Response to Andrew Chitty..

Principle, Proceduralism and Precaution in a Community of Rights. (2006)
Journal Article
Beyleveld, D., & Brownsword, R. (2006). Principle, Proceduralism and Precaution in a Community of Rights. Ratio Juris: An international journal of Jurisprudence and Philosophy of Law, 19(2), 141-168

This paper presents a sketch of the way in which an ideal-typical community of rights, Gewirthia, responds to the so-called "internal problem of authority". Notwithstanding the deep moral consensus in Gewirthia, where citizens are fully committed to... Read More about Principle, Proceduralism and Precaution in a Community of Rights..

When is Personal Data Rendered Anonymous? Interpreting Recital 26 of Directive 95/46/EC (2004)
Journal Article
Beyleveld, D., & Townend, D. (2004). When is Personal Data Rendered Anonymous? Interpreting Recital 26 of Directive 95/46/EC. Medical Law International, 6(2), 73-86. https://doi.org/10.1177/096853320400600201

Outlines the scope of Council Directive 95/46. Discusses whether the principles of data protection apply to data rendered anonymous. Examines the difficulty in applying sufficient protection to data once it has been rendered anonymous and stresses th... Read More about When is Personal Data Rendered Anonymous? Interpreting Recital 26 of Directive 95/46/EC.