This chapter first considers the most important of Kelsen's own express statements of a connection between his legal theory and the philosophy of Cohen. It then argues that Cohen's interpretations of Kant as well as his own ‘System of Philosophy’ actually differ profoundly from the historical Kant, thus showing the key theorem of Cohen's system to be not Kantian in origin but Platonic. Finally, the chapter considers the centrepiece of Kelsen's theory, the doctrine of the basic norm. It shows that (...) Kelsen's solution to the problem of establishing legal validity by appeal to the basic norm represents a direct application of the key theorem of Cohen's system, and that this theorem offers one plausible possibility — albeit not the only one — for the problem of validity on the basis of a concept of law that refers neither to natural law nor to any metajuridical source. (shrink)

New-born screening programs for congenital disorders and chronic disease are expanding worldwide and children “at risk” are identified by nationwide tracking systems at the earliest possible stage. These practices are never neutral and raise important social and ethical questions. An emergent concern is that a reflexive professionalism should interrogate the ever earlier interference in children’s lives. The Flemish community of Belgium was among the first to generalize the screening for hearing loss in young children and is an interesting case to (...) study the public justification of early interventions for families with deaf children. This article uses a critical lens to study the archive of the government child healthcare organization in Flanders in order to uncover underlying constructions of childhood, deafness, and preventive health. We focus on two interrelated themes. The first is the notion of exclusion of the human factor through the mediation of technology. The second is the idea of deafness as endangering a healthy development, an impairment that can nevertheless be treated if detected early enough. It is argued that, since deafness cannot be viewed as a life-threatening condition, the public interest which is implicitly defended is not the rescue of deaf children rather the exclusion of otherness. (shrink)

On a general level, this paper proposes a critical analysis of one of the attempts to make bridges between economics and moral and political philosophy. A priori, we may expect that formal methods may lead to clearer and more rigorous arguments, and may facilitate practical applications. However, this paper illustrates how precision is bought at the price of becoming tautological. Therefore, the statement that "it is already widely recognized that formal methods derived from economics can contribute to ethics" (Broome 1989: (...) ix) seems hasty. The paper is organized as follows: Section 2 discusses some philosophical background assumptions which underlie a decision theoretic argument in favour of utilitarianism. Section 3 recalls briefly John Harsanyi's decision theoretic arguments in favour of utilitarianism. It then focuses on the crucial assumption of separability in order to show that separability can always be saved as an assumption if one applies the strategy of dispersion. Section 4, finally, shows how the theorem may indeed reconcile the concern for equality and utilitarianism, at the price of becoming futile. (shrink)

This book discusses the writings of the mystic Jan van Ruusbroec (1293-1381) within their medieval contexts of literary, religious and intellectual life, thus offering the first comprehensive biography of the most influential medieval Dutch author.

Abraham Edel addresses the questions of what is meant by "education," how educational institutions and processes are evaluated, and how they can be improved, and what curriculums are best and why. At a time when our ability to provide effective education can spell success or failure for individuals and society alike, Edel clears away old confusions and indicates the conditions that must be satisfied in order for education to be successful for this and future generations.

Jon Kabat-Zinn's Full Catastrophe Living skilfully succeeded in translating traditional Buddhist concepts in modern everyday language so as to make them accessible to the West. It was a stroke of genius to take mindfulness training out of the Buddhist context, but the risk might be that, instead of opening a door to the Dharma (the Buddhist teaching), it might also close a door leading to the vast richness of that context full of valuable insights and practices. This article aims at (...) back translating some mindfulness concepts to basic Buddhist concepts (in a movement opposite to Jon Kabat-Zinn's first move) to make Buddhist literature more accessible to MBSR/ct teachers that are less familiar with the Buddhist traditions and to allow us reconnect with some treasures that are present in our roots. It freely walks through texts and concepts of different Buddhist traditions when they seem relevant to this enterprise, drawing from the logic of the Pali Canon, the metaphors of the Mahayana sūtras and the paradoxes of Zen koans. (shrink)

In the past few decades there has been a growing interest and debate amongst historians of education surrounding issues of visuality, materiality, spatiality, transfer, and circulation. This collection of essays – with its focus on the interaction between ideas, images, objects, and/or spaces that contain an educational dimension – is a contribution to this ongoing debate. The contributors address how meaning is created, conveyed, and transformed through multiple modes of communication, representation, and interaction; through movement across spaces; through media and (...) technologies; and through collective memory- and identity-making. The collection demonstrates that meaning is mobilized through ‘multimodality’, ‘translocation’, ‘technology’, and ‘heritage’, and that it assumes different qualities which need to be reflected upon in the history of education in particular and in education research in general. This book was originally published as a special issue of _Paedagogica Historica. _. (shrink)

The maintenance of genetic integrity is of vital importance to all living organisms. However, DNA – the carrier of genetic information – is continuously subject to damage induced by numerous agents from the environment and endogenous cellular metabolites. To prevent the deleterious consequences of DNA injury, an intricate network of repair systems has evolved. The biological impact of these repair mechanisms is illustrated by a number of genetic diseases that are characterized by a defect in one of the repair machineries (...) and in general predispose individuals to cancer. This article intends to review our current understanding of the complex nucleotide excision repair pathway, a universal repair system with a broad lesion specificity. Emphasis will be on the recent advances in the genetic analysis of this process in mammalian cells. (shrink)

One of the most interesting features of the computer is its ability to create virtual environments. These environments allow us to interact with objects that are simulated by the computer and are not real. They thus allow us to realize actions that have no repercussions whatsoever on the non-virtual world. This seems to qualify virtual environments as an ideal playground to do all kinds of things that would be labelled ethically wrong if realized in the real world. Nevertheless, we have (...) the feeling that certain types of virtual actions – raping computer simulated girls for example – are not right at all, in spite of the fact that we know that no actual person is harmed by this. In the light of phenomena like virtual rape and violence, philosophical reflection on the ethical status of actions realized in virtual worlds has become inevitable. This paper will provide the groundwork for such a reflection, by answering the following questions: Can we apply the predicates of ‘right’ and ‘wrong’ to actions realized in virtual worlds? And if this turns out to be problematic, how can we explain our feeling of discomfort with certain types of virtual behaviour, i.e. our feeling that there is something ‘not at all right’ about, for example, virtual rape? These questions will be answered in the three sections of this paper.The first section deals with the necessary condition for the application of the predicates of ‘right’ and ‘wrong’ to virtual actions: freedom in the virtual environment.In the second section, we will endeavour to demonstrate that the fulfilment of this necessary condition is not sufficient when it comes to the application of these predicates to virtual actions.The last section explains how we can still be uncomfortable with certain virtual actions, even though the said actions escape ethical judgment. (shrink)

Ralf Stoecker hat argumentiert, dass allein Menschen im strengen Sinne handeln könnten, weil sie allein fähig seien, etwas aus Gründen zu tun und über diese Gründe Rechenschaft abzulegen. In einem weniger strengen Sinn könnten auch Tiere handeln. Ich werde in diesem Beitrag zunächst Stoeckers Begründung seiner zweigeteilten These rekapitulieren (1) und dann zwei Rückfragen dazu stellen: (a) Warum soll es gerade die Praxis des logon didonai sein, die Verhalten zu Handlungen im engen Sinne macht? (b) Warum soll es genau zwei (...) Sinne von ,handeln' geben, einen engen und einen weiten? Handlungsfähigkeit könnte ja auch eine Sache des Grades sein (2). Schon Aristoteles hat einen engen Handlungsbegriff für Menschen reserviert und einen weiteren auf andere Tiere angewandt. Stoecker geht auf Aristoteles nicht ein, doch gibt es interessante Parallelen zwischen beider Ausführungen dazu, welche Fähigkeiten allein Menschen besitzen und warum (3). Im Rest des Beitrags weite ich den Blick und stelle zunächst eigene Überlegungen dazu an, welches die Vorzüge eines gradualistischen Verständnisses von Fähigkeiten sind und welche Rolle die Vagheit fähigkeitszuschreibender Ausdrücke spielt (4). Dann skizziere ich die These, dass die je artspezifischen Fähigkeitsprofile von Menschen und anderen Tieren durch „Realisierungslücken“ voneinander getrennt sind (5). Der Beitrag mündet in Metaüberlegungen zum Streit über die „anthropologische Differenz“: Die zwischen „Assimilationisten“ und „Differentialisten“ umstrittene Frage, ob sich Menschen und andere Tiere in ihren mentalen Fähigkeiten qualitativ oder bloß quantitativ unterscheiden, ist schlecht definiert und unfruchtbar. Sie sollte zugunsten gehaltvollerer Fragen zu den Akten gelegt werden (6). (shrink)

We argue that pain behaviour cannot be wholly accounted for within the operant model of Fordyce (1976). Many pain behaviours, including facial expression, are not socially reinforced but are evolutionarily predetermined. We urge researchers to take into consideration other learning accounts. Building on the idea that pain sufferers learn to suppress the expression of pain, we begin the development of a framework for a relational understanding of pain complaint.

There is a relation between the way we analyse arguments and the consideration we give to the role of showing in argumentation. the concept of showing covers different ideas. Different kinds of showing are present in argumentative practice. This can be exemplified by reference to sensory evidence, logical inference, and analogical arguments. If showing plays an essential role in the argumentative use of language, and analysis which completely replaces that which is shown by that which is said, distorts what it (...) is trying to understand. Analysing argument is interpreting and continuing argumentative practice; it does not operate on a separate level. (shrink)

In this, the first comprehensive survey of the phonological system of Dutch, Geert Booij lays particular stress on the relation between morphology, syntax, and prosodic structure at both word- and sentence-level. His primary aim is to provide an overview of the system as a whole, based in part on a number of more detailed studies of particular aspects of Dutch phonology. As a reference work, the book directs the reader to the available literature. The book is not primarily intended (...) as a contribution to phonological theory; however, it is couched in terms of present-day non-linear generative phonology, and the author's analyses are relevant for a number of current issues in phonological theory such as the principles of syllable structure, the interaction of phonology and morphology, underspecification, rule typology, the domain specification of phonological rules, cliticization, and the role of rhythm in word stress. (shrink)

Historians are showing increasing interest in scientific internationalism, the notion that science transcends national differences and hence advances peace and cooperation. This notion became particularly popular in the decades around 1900, the heyday of the universal expositions and the so-called first era of globalization. In this article I argue that in order to properly historicize scientific internationalism, it is imperative to understand how actors imagined science to have pacifist effects, and to relate their technoscientific to their geopolitical imaginaries. To illustrate (...) this, I analyze the 1911 novel Der Menschheit Hochgedanken by the famous Austrian pacifist Baroness Bertha von Suttner. It tells the story of a scientific conference whose participants, by the sheer brilliance of their thought, ward off war and preserve world peace. Relating the novel to von Suttner’s own life experiences, I situate her internationalism in the social texture and international relations of the late Habsburg Empire. It appears that von Suttner mobilized notions of the pacific effects of science with an eye to preserving both the European system of states and the position of the aristocracy. (shrink)

This paper presents a comprehensive account of Peirce's post-1900 theory of abduction. The account aims at bringing together various strands of discussion in Peirce's work, showing how their interaction creates a more coherent picture of his thoughts on abductive reasoning as manifest after the turn of the century. The discussion is of a historical nature, rather than a critical assessment.

Introduction Ours is an Age of Criticism. Very few institutions, professions or vocations, modes of life, ways of thought have escaped criticism in the ...

Chapter The Nature And Role Of Philosophy The word "Philosophy" means the love of wisdom. Any man, therefore, who seeks understanding is in spirit a ...

In this article, we explore the implicit conceptions of business ethics and social responsibility of owners−managers of small and medium enterprises (SME) in Cameroon. While using a hermeneutical approach, our main objective is to clarify how Sub-Saharan African business people themselves understand and define corporate responsibility in their particular economic and political environment. Our aim is not to deliver an empirical study of business practices and management behavior in SMEs. We wish to discuss which responsibilities they themselves judge to be (...) relevant and which can legitimately be attributed to them by third parties. Secondly, we relate our findings to other empirical work on SMEs, in Africa and elsewhere. It is shown that there are similarities with the way in which SMEs in Europe interpret their responsibility, but also striking differences. Further, we relate our findings to some theoretical controversies around corporate social responsibility (CSR) in SMEs, to questions about evaluation tools for CSR in the SME context, and to the role of CSR with respect to poverty alleviation in developing countries. (shrink)

This book supplies the need for an authoritative account of the morphology of Dutch in English and at the same time will make an important contribution to current theoretical discussions of word formation; the interactions between morphology, syntax, semantics, and phonology; and morphological change. The author is the leading scholar in the field.

This article discusses the conditions under which the use of expert knowledge may provide an adequate response to public concerns about high-tech, late modern risks. Scientific risk estimation has more than once led to expert controversies. When these controversies occur, the public at large – as a media audience – faces a paradoxical situation: on the one hand it must rely on the expertise of scientists as represented in the mass media, but on the other it is confused by competing (...) expert claims in the absence of any clear-cut standard to judge these claims. The question then arises, what expertise can the public trust? I argue that expert controversies cannot be settled by appealing to neutral, impartial expertise, because each use of expert knowledge in applied contexts is inextricably bound up with normative and evaluative assumptions. This value-laden nature of expert contributions, however, does not necessarily force us to adopt a relativist conception of expert knowledge. Nor does it imply active involvement of ordinary citizens in scientific risk estimation – as some authors seem to suggest. The value-laden, or partisan, nature of expert statements rather requires an unbiased process of expert dispute in which experts and counter-experts can participate. Moreover, instead of being a reason for discrediting expert contributions, experts'' commitment may enhance public trustworthiness because it enlarges the scope of perspectives taken into account, to include public concerns. Experts who share the same worries as (some of) the public could be expected to voice these worries at the level of expert dispute. Thus, a broadly shaped expert dispute, that is accessible to both proponents and opponents, is a prerequisite for public trust. (shrink)

In this paper, I deal with a striking phenomenon that often occurs when we explore the virtual environment of, for example, a video game. Suppose a friend sees me playing a video game and asks ‘Where are you?’ There are two possible answers to this question. I can either refer to my actual location (‘I am in my room’), but I can also refer to my location in the virtual world (‘I am in a space-ship’). Although my friend is probably (...) after this second reply, the first one is not false. At first sight, this gives rise to a tension. On the one hand both claims – ‘I am in my room’ and ‘I am in a space-ship’ – seem true. But on the other hand they also seem mutually exclusive as bilocation, i.e. being in two places at the same time, is impossible. I am either in London or in Paris, in the bathroom or in the kitchen, in a space-ship or in my room. How can I claim to be in two places at once? In the following, I discuss two ways to dissolve this tension:. (shrink)

Recent new materialist and posthumanist research in curriculum and pedagogy studies is focusing more and more on the intertwinement between social justice, fairness, and accountability, and how to put these ideals to use to create inclusive, consciousness-raising canons, curricula, and pedagogies that take the dehumanized and the more-than-human into account. Especially pedagogical responsibility, often rephrased as ‘response-ability’ to accentuate the entanglements that this notion engenders versus forgotten or forcefully eradicated knowledges, and between teacher and student as intra-active learners, is highlighted (...) in this ethico-political turn. In this chapter, a critical pedagogical cartography of response-ability is sketched out to philosophically expand on—and also better anchor—the above turn. This critical cartography is put together at the backdrop of critical new materialist reflections with regards to the COVID-19 crisis; a crisis demanding a pedagogical but also ethico-political reorientation toward the hauntological powers of past-present-future injustices, the thick material present, and a more response-able engagement with the world. (shrink)

In discussions of the composition of wealth, a common distinction is made between non-financial assets and financial assets. Within the latter category the uncommon distinction is drawn between ‘capital ownership assets’ (referring to ownership in enterprises) and other financial assets. The reason is that capital ownership assets come with a degree of actual or potential economic power – in the sense of having the capacity to significantly influence enterprises’ policies. The article empirically applies this distinction to 24 OECD countries that (...) report uniform data on this (in line with the OECD guidelines). For the OECD average of these countries around 2019, it is shown that whereas the top 10% of households owns 51% of the total net wealth and 68% of the total financial assets, the top 10% owns 85% of the total capital-ownership assets. For individual OECD countries, the last figure ranges from 63% (Greece) to 97% (Lithuania). The figure for the USA is near to the latter, at 94%. (shrink)

Since its foundation, militant democratic arguments have underpinned an enforced secularism in Turkey. The 2002 election of the AKP, described as a “moderate Islamist party”, has challenged Turkey’s secular identity. In the more than twelve years since the AKP has been in power, Turkey’s political landscape has experienced significant changes, with periods of extensive democratic reforms punctuated by regression in certain areas, notably freedom of expression and the right to protest. State repressive measures coupled with Recep Tayyip Erdoğan’s reluctance to (...) exit the political stage have been the focus of much commentary and analysis. This article argues, however, that under AKP rule the Kurdish issue – critical to ensuring the normalization of politics and democratization in Turkey – has been brought in from the political cold and assesses the creation and role of the HDP, a Kurdish political party that is endeavoring to situate itself in the mainstream of Turkey’s political landscape. We posit that the HDP can be viewed as the offspring of this “democratic opening,” a project that was meant to ensure a radical transformation of the Kurdish issue in Turkey. Through analysing the historical trajectory of both AKP and HDP and the militant democratic arguments that led to their predecessors’ exclusion from the public sphere, this article engages with the key question of the extent to which the AKP’s treatment of the Kurdish issue has provided a vehicle for broader democratisation and facilitated a reconsideration of the Kurdish question in Turkey. (shrink)

Welfare expenditure is under attack, so that a grasp of the determinants of welfare policy is timely. Neither functionalist nor instrumentalist theory, whether of a Marxist or mainstream kind, has been successful here. This paper offers a systematic presentation of the bourgeois state and of its interdependence with the economy, of which welfare policy is a key aspect. Controversially, the systemic necessity of welfare policy grounds a right to existence not adequately sustained by the value-form determination of the economy, reproduced (...) by market mechanisms: formal equality of process does not ensure equity of outcome. The state is thus faced with a problem of managing the conflicting demands of economic efficiency and individual's right to existence, while at the same time maintaining the autonomy of the economy. (shrink)

The emergence of conferences in the late nineteenth century significantly changed the ways in which the international scientific community functioned and experienced itself. In the early modern Republic of Letters, savants mainly related through print and correspondence, and apart from at local and later national levels, scholars rarely met. International conferences, by contrast, brought scientists together regularly, in the flesh and in great numbers. Their previously imagined community now became tangible. This paper examines how conferencing reshaped the collective of international (...) scientists by zooming in on the massive meetings of the International Congress of Applied Chemistry, 1893–1914. Drawing on Emile Durkheim's studies of religious gatherings it analyses the ritualization of routine conference practices, such as plenary ceremonies, toasts, ladies’ programmes and committee meetings. It looks at how roles were distributed as participants performed as hosts and guests, and in masculine and feminine and national and international identities. Importantly, it shows both how the sacralization of chemistry as a higher aim served to instil senses of dedication in order to organize labour and mitigate conflict, and how the self-perception of the international chemical community was based on contemporary understandings of parliament, democracy and representation. (shrink)

Welche Beschränkungen sollten sich Wissenschaftlerinnen und Wissenschaftler bei der Entscheidung auferlegen, wen sie als Vortragende zu universitären Veranstaltungen einladen? Und von welchen Überlegungen sollten sie sich dabei leiten lassen? Gibt es Personen, die für einen Auftritt an der Universität schlechthin ungeeignet sind? Wenn ja, aufgrund welcher Eigenschaften oder aus welchen anderen Gründen? Wir argumentieren zunächst, dass jüngere Kontroversen über die Einladung politisch exponierter Sprecher zu akademischen Veranstaltungen den Blick auf diese universitätspolitischen Fragen eher verstellt haben, insoweit sie als Streit um (...) die Rede- und um die Wissenschaftsfreiheit geführt wurden (1.). Im Anschluss erörtern wir die radikal liberale Auffassung, nach der sich Einladungsverbote überhaupt nicht begründen lassen (2.). Häufiger wird heute vertreten, dass es durchaus kategorische Ausschlussgründe gebe: Einige Debattenteilnehmerinnen ziehen die rote Linie dort, wo bestimmte politischen Positionen vertreten werden, insbesondere solche, in denen Rassismus oder andere Arten gruppenbezogener Menschenfeindlichkeit zum Ausdruck kommen (3.). Andere ziehen die rote Linie dort, wo zu erwarten ist, dass der Inhalt eines Vortrags Zuhörende psychisch stark belastet (4.). Wir werden in kritischer Auseinandersetzung mit diesen Auffassungen eine tugendbezogene Antwort auf die Titelfrage vorschlagen (5.). Sie läuft darauf hinaus, dass man sich für eine Einladung an die Universität nicht durch bestimmte Meinungen oder durch bestimmte Wirkungen disqualifiziert, sondern durch einen Mangel an intellektueller Redlichkeit. (shrink)

Background:A high prevalence of cognitive impairment and frailty complicates the feasibility of advance care planning in the long-term-care population.Research aim:To identify challenges in implementing the ‘Let Me Decide’ advance care planning programme in long-term-care.Research design:This feasibility study had two phases: (1) staff education on advance care planning and (2) structured advance care planning by staff with residents and families.Participants and research context:long-term-care residents in two nursing homes and one community hospital.Ethical considerations:The local research ethics committee granted ethical approval.Findings:Following implementation, over (...) 50% of all residents had completed some form of end-of-life care plan. Of the 70 residents who died in the post-implementation period, 14% had no care plan, 10% (with capacity) completed an advance care directive and lacking such capacity, 76% had an end-of-life care plan completed for them by the medical team, following discussions with the resident (if able) and family. The considerable logistical challenge of releasing staff for training triggered development of an e-learning programme to facilitate training.Discussion:The challenges encountered were largely concerned with preserving resident’s autonomy, avoiding harm and suboptimal or crisis decision-making, and ensuring residents were treated fairly through optimisation of finite resources.Conclusions:Although it may be too late for many long-term-care residents to complete their own advance care directive, the ‘ Let Me Decide’ programme includes a feasible and acceptable option for structured end-of-life care planning for residents with variable capacity to complete an advance care directive, involving discussion with the resident (to the extent they were able) and their family. While end-of-life care planning was time-consuming to deliver, nursing staff were willing to overcome this and take ownership of the programme, once the benefits in improved communication and enhanced peace of mind among all parties involved became apparent in practice. (shrink)

This article proposes a way to zoom in on the concept of the social license to operate from the broader normative perspective of contractarianism. An SLO can be defined as a contractarian basis for the legitimacy of a company’s specific activity or project. “SLO”, as a fashionable expression, has its origins in business practice. From a normative viewpoint, the concept is closely related to social contract theory, and, as such, it has a political dimension. After outlining the contractarian normative background (...) to the SLO, we will show how academic concepts such as legitimacy and stakeholder management have a tendency to provide the intellectual underpinning for the business case for securing an SLO. While business case perspectives on the SLO may well be in line with the use of the term in business practice, we will highlight certain difficulties and ambiguities related to the instrumental use of the expression. In the final section, we briefly introduce the articles of this Special Issue to the reader and explain how they relate to the topic. (shrink)

In this paper, I will argue that it is a moral obligation for companies, firstly, to accept their moral responsibility with respect to non-discrimination, and secondly, to address the issue with a full-fledged programme, including but not limited to the countering of microsocial discrimination processes through specific policies. On the basis of a broad sketch of how some discrimination mechanisms are actually influencing decisions, that is, causing intended as well as unintended bias in Human Resources Management (HRM), I will argue (...) that the well known tools of legislation and ethical codes are necessary although insufficient to cope with the problem. However, based on empirical evidence, we know which set of measures is likely to diminish discrimination. Taking non-discrimination seriously implies complex and longitudinal policies which include assigning responsibility for a non-discrimination policy within the firm, making managers conscious of implicit stereotypes and helping them to cope with prejudices that no one can totally overcome. Insofar as corporate responsibility with respect to non-discrimination is accepted and strategies that are not prohibitively expensive are known, companies are bound to implement them. Not implementing the best set of measures may be considered at least as a moral shortcoming or, depending on the size of the company, mere lip service to the non-discrimination principle. Although the paper refers to empirical material of diverse backgrounds, its intent is clearly normative. It wishes to spell out what companies ought to do if they are committed to responsible behaviour. The discussion of effective remedies against discrimination is based on a case study of a French company. The retailer Auchan was recently surprised to learn that it was discriminating against ethnic minorities despite strong ethical standards, an ethics committee and ethical leadership. The company dropped its naïve beliefs and set up an ambitious policy cope with the issue. The case illustrates what recent empirical research has revealed about the effectiveness of diversity policies: establishing responsibility for diversity results, firm ethical commitment and support from top management make diversity programs effective. (shrink)