There have been many reports of medical students performing pelvic exams on anaesthetised patients without the necessary consent being provided or even sought. These cases have led to an ongoing discussion regarding the need to ensure informed consent has been secured and furthermore, how it might be best obtained. We consider the importance of informed consent, the potential harm to both the patient and medical student risked by the suboptimal consent process, as well as alternatives to teaching pelvic examinations within (...) medical school. The subsequent discussion focuses on whether medical students should perform pelvic examinations on anaesthetised patients without personally ensuring that they have given their explicit consent. Whilst we question the need to conduct pelvic examinations on anaesthetised patients in any circumstance, we argue that medical students should not perform such exams without personally securing the patients informed consent. (shrink)

Drawing on Michel Foucault's writings as well as the writings of feminist scholars bell hooks and Jane Gallop, this paper examines faculty–student sexual relations and the discourses and policies that surround them. It argues that the dominant discourses on professor–student sex and the policies that follow from them misunderstand the form of power that is at work within pedagogical institutions, and it examines some of the consequences that result from this misunderstanding. In Foucault's terms, we tend to theorize faculty–student (...) relations using a model of sovereign power in which people have or lack power and in which power operates in a static, stable, and exclusively top-down manner. We should, however, recognize the ways in which individuals in pedagogical institutions are situated within disciplinary and thus dynamic, reciprocal, and complex networks of power, as well as the ways in which the pedagogical relation may be a technique of the self and not only of domination. If we reconsider these relations in terms of Foucault's accounts of discipline and technologies of the self, we can recognize that prohibitions on faculty—student sexual relations within institutions such as the university are productive rather than repressive of desire, and that such relations can be opportunities for development and not only for abuse. Moreover, this paper suggests that the dominant discourses on professor—student relations today contribute to a construction of professors as dangerous and students as vulnerable, which denies the agency of (mostly female) students and obscures the multiplicity of forms of sexual abuse that occur within the university context. (shrink)

Bioethics scholarship considering the possibility of gestating an embryo to full term in an artificial womb (ectogenesis) often overstates the capacities of current technologies and underestimates the barriers to the development of full ectogenesis. Moreover, this debate causes harm by (1) neglecting more immediate problems in the development of artificial wombs, (2) treating abortion as a “problem with a technological solution,” bolstering anti-abortion rhetoric, and (3) presuming the stability of women’s reproductive rights. The ectogenesis conversation must consider anticipated uses of (...) the technology (neonatal intensive care) and acknowledge the immediate context (recognizing abortion as essential healthcare and existing reproductive inequities). (shrink)

In response to two trenchant objections, radical subjective Bayesianism has been widely rejected. In this paper, I seek, if not to rehabilitate subjectivism, at least to show its critic what is attractive about the position. I argue that what is at stake in the subjectivism/anti-subjectivism debate is not, as is commonly thought, which norms of rationality are true, but rather, the conception of rationality that we adopt: there is an alternative approach to the widespread telic approach to rationality, which I (...) call the poric approach, on which subjectivism is an attractive position. I then argue that the poric approach—and therefore subjectivism—cannot be easily dismissed. (shrink)

Implicit biases involve associations outside conscious awareness that lead to a negative evaluation of a person on the basis of irrelevant characteristics such as race or gender. This review examines the evidence that healthcare professionals display implicit biases towards patients. PubMed, PsychINFO, PsychARTICLE and CINAHL were searched for peer-reviewed articles published between 1st March 2003 and 31st March 2013. Two reviewers assessed the eligibility of the identified papers based on precise content and quality criteria. The references of eligible papers were (...) examined to identify further eligible studies. Forty two articles were identified as eligible. Seventeen used an implicit measure, to test the biases of healthcare professionals. Twenty five articles employed a between-subjects design, using vignettes to examine the influence of patient characteristics on healthcare professionals’ attitudes, diagnoses, and treatment decisions. The second method was included although it does not isolate implicit attitudes because it is recognised by psychologists who specialise in implicit cognition as a way of detecting the possible presence of implicit bias. Twenty seven studies examined racial/ethnic biases; ten other biases were investigated, including gender, age and weight. Thirty five articles found evidence of implicit bias in healthcare professionals; all the studies that investigated correlations found a significant positive relationship between level of implicit bias and lower quality of care. The evidence indicates that healthcare professionals exhibit the same levels of implicit bias as the wider population. The interactions between multiple patient characteristics and between healthcare professional and patient characteristics reveal the complexity of the phenomenon of implicit bias and its influence on clinician-patient interaction. The most convincing studies from our review are those that combine the IAT and a method measuring the quality of treatment in the actual world. Correlational evidence indicates that biases are likely to influence diagnosis and treatment decisions and levels of care in some circumstances and need to be further investigated. Our review also indicates that there may sometimes be a gap between the norm of impartiality and the extent to which it is embraced by healthcare professionals for some of the tested characteristics. Our findings highlight the need for the healthcare profession to address the role of implicit biases in disparities in healthcare. More research in actual care settings and a greater homogeneity in methods employed to test implicit biases in healthcare is needed. (shrink)

Background Implicit biases are present in the general population and among professionals in various domains, where they can lead to discrimination. Many interventions are used to reduce implicit bias. However, uncertainties remain as to their effectiveness. -/- Methods We conducted a systematic review by searching ERIC, PUBMED and PSYCHINFO for peer-reviewed studies conducted on adults between May 2005 and April 2015, testing interventions designed to reduce implicit bias, with results measured using the Implicit Association Test (IAT) or sufficiently similar methods. (...) -/- Results 30 articles were identified as eligible. Some techniques, such as engaging with others’ perspective, appear unfruitful, at least in short term implicit bias reduction, while other techniques, such as exposure to counterstereotypical exemplars, are more promising. Robust data is lacking for many of these interventions. -/- Conclusions Caution is thus advised when it comes to programs aiming at reducing biases. This does not weaken the case for implementing widespread structural and institutional changes that are multiply justified. (shrink)

Ethical issues arise in the world’s first population-level treatment of severe lead poisoning caused by small-scale mining for gold in rural Nigeria. Emergency medical intervention and environmental cleanup have reduced the mortality in children younger than 5 years from lead poisoning from over 40 to 2.5 per cent leaving little evidence of the harms caused by lead poisoning. In the absence of obvious sequelae, family adherence to long-term intensive therapy to remove accumulated lead reservoirs in children wanes and some community (...) miners challenge safer mining interventions to prevent recontamination of the environment with lead. This letter raises questions regarding community versus individual rights in public health interventions and patient autonomy. (shrink)

Qu'elle soit entendue comme état de désordre social ou qu'elle soit pensée comme ordre social sans Etat, l'anarchie reste difficilement appréhendée par les juristes autrement que par l'exclusion. Droit et anarchie seraient incompatibles, car le droit impliquerait nécessairement l'autorité (dont l'Etat moderne constitue la forme ultime, par la monopolisation du pouvoir de contrainte) que l'anarchie supprime. Aussi, l'étude de l'anarchie n'aurait plus grand chose à révéler au juriste, et sa marginalisation intellectuelle ne devrait pas surprendre. Pourtant, est-il vraiment satisfaisant de (...) cantonner la question de l'anarchie à l'histoire des idées politiques, alors que l'enjeu du débat touche les fondements mêmes de l'ordre juridique? C'est cette question complexe des rapports entre le droit et l'anarchie que cet ouvrage - qui regroupe les actes d'une journée d'étude organisée par l'Institut d'études de droit public de la faculté jean Monnet de l'Université Paris Sud - se propose d'investir à nouveau. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy's Role in Psychopathology Back to Jaspers and an Appeal to Grow PracticalThe author reports no conflicts of interest.In "Philosophy's role in theorizing psychopathology," Gibson presents a defense of the continued relevance of philosophy to psychopathology, and a non-exhaustive framework for the role of philosophy in this domain (Gibson, 2024). I find it hard to disagree that psychopathology is soaked in philosophy from its origins, and that to try (...) and dry it out would be both unwise and impossible.In this commentary, I go back to Karl Jaspers' account of the role of philosophy in his General Psychopathology. In doing so, I do not find that Gibson adds anything new, but instead gives us a well-illustrated reminder that philosophy "is operative within every living science" (Jaspers, 1997, p. 770).Situated Psychopathological TheorizingGibson addresses a broad 'we' who might be engaged with psychopathological theorizing. This seems to encompass three main settings, from which examples are drawn.1. Everyday and regulative social practices (ordinary and legal setting).2. Empirically driven disciplines which work with psychopathological constructs (academic setting).3. Psychiatry and psychotherapy (clinical setting).In my view, it is a mistake not to map the terrain where psychopathological theorizing is situated. In each setting psychopathological theorizing has its own set of aims and constraints. In the ordinary setting, the aim might be to know whether to blame a loved one for their action. In the legal setting it might be to decide whether treatment or punishment is appropriate. In the clinical setting, the aim is usually a therapeutic assessment, and moral stance taking is often best kept at bay. In the academic setting, we might want to ensure our concepts are reliable and valid, opening them up to investigation using objective scientific methods. [End Page 13]Beyond what can be said in the most general terms, the role of philosophy will look different in these different situations.Understanding Is Not (Just) a Philosophical ToolUnderstanding is a mode of knowing that is concerned with the particular, rather than the general, and accessed inter-relationally, relying on tacit knowledge and empathetic imagination. Gibson introduces the concept as an elementary form of social intuition, used in ordinary life to make sense of social relations and other people's behaviors and reactions. I agree with Gibson, drawing on Strawson, that Understanding is a mode of knowledge that involves the subject of enquiry as a participant (Strawson, 1982). There is a moral imperative to take this stance, which drives us to value the expansion of what we are able to understand of other people's mental states. This at least partly motivates the agenda when we theorize about psychopathology.At times throughout his argument, Gibson seems to be arguing for the role of Understanding in psychopathological theorizing, in place of his explicit aim of arguing for the role of philosophy. However it is not at all clear that this replacement can be made. Accepting the picture drawn, Understanding is not any more the expertise or domain of the philosopher than the author, police officer, or sociologist. We are surely not meant to take Understanding as a uniquely philosophical tool, but rather a mode of knowing available to all social agents, integral to social reasoning in ordinary life and in the human studies.What philosophy can distinctively do is point to and defend the existence of forms of intersubjective and tacit knowledge within human studies such as psychopathology. For Jaspers, Understanding can be a scientific tool, albeit one that reminds us that knowledge in psychopathology is not all of one kind. One role for philosophy therefore is to help us to "distinguish the different modes of knowing," so that we might "order knowledge into a comprehensive whole" (Jaspers, 1997, p. 769). This is akin to the 'synthetic' role that Gibson proposes.Philosophy and ScienceJaspers defines scientific knowledge broadly as knowledge with "general validity, convincing insights (which can be proved), clarity of method, and the possibility for a meaningful discussion" (Jaspers, 1997, p. 768).We do not get such a definition from Gibson, but in the sections of... (shrink)

An overview of the philosophical and bioethics literature on conscientious refusals by health care professionals to provide abortion and contraceptive services.

While many periods of history are popularly known by their 'great men',the Enlightenment stands out for the prominence of its 'great groups'. This volume assemblesleading scholars using data-driven scholarship to study the networks that madethe Enlightenment possible, and contributed to creating a new sense of Europeanidentity. From Voltaire's correspondence with Catherine the Great, to AdamSmith's travels on the European continent, mediated and unmediatedcommunication networks were the lifeline of the Enlightenment. What is particularly notable about theEnlightenment is how these different networks (...) were central to theirparticipants' identity. One could nottake part in the Enlightenment on one's own. Although some older historical studies highlightthe importance of social networks in the Enlightenment, data-driven approachesallow for a more comprehensive and granular understanding of the many differenttypes of networks that formed the intellectual and cultural infrastructure ofthe Enlightenment throughout Europe. The recent influx of metadata from thecorrespondences of major Enlightenment figures now allows scholars to studythese networks at both the micro and macro levels, and to explore the worlds ofthe philosophes and the "nodes" intheir networks in rich detail. It is at this intersection of Enlightenmenthistoriography, data capture, and social network analysis that the essayscollected in this volume all fall, taking advantage of new data sources,configurations, and modes of analysis to deepen our understanding of howEnlightenment sociability worked, who it included, and what it meant forparticipants. (shrink)

Although sexual harassment in the workplace is illegal, it often goes unreported. This study employs causal evidence to evaluate one deterrent to reporting: bias against women known to be sexual harassment targets. I theorize about the form this bias takes and test the argument with a national survey experiment run in five waves from October 2017 to February 2018, where participants were asked to propose employment outcomes for an employee with one of four harassment experiences. Participants were less likely to (...) recommend a woman for promotion if she self-reported sexual harassment relative to otherwise identical women who experienced nonsexual harassment or whose sexual harassment was reported by a coworker. The woman who self-reported sexual harassment experienced normative discrimination: that is, the promotion bias was significantly mediated by perceptions that she was less moral, warm, and socially skilled than the woman whose coworker reported her sexual harassment. These results indicate that women may hesitate to report sexual harassment because they rightly perceive that doing so could cause them to experience bias. Yet they also suggest that bias can be avoided if a bystander reports the harassment. Finally, exploratory analyses suggest that in the wake of #MeToo this bias may be fading. (shrink)

L’anticipation est généralement conçue comme un phénomène qui, d’un point de vue temporel et logique, est antérieur à une action ou une situation donnée. Dans cet article, nous proposons d’interroger cette conception en nous intéressant en détail à ce que l’anticipation fait à l’action qu’elle anticipe. En détail c’est-à-dire, très littéralement, en observant dans des situations d’interactions ordinaires les effets que peut produire le fait d’anticiper une action. En l’occurrence, dans des situations d’apprentissage entre hommes et chiens comme celles que (...) nous examinons, anticiper une action en l’évaluant avant qu’elle n’ait eu lieu contribue en grande part à la configurer. Cette avancée nous conduit à développer une vision proprement pragmatiste de l’action, conçue comme un procès façonné de manière émergente et collaborative par l’ensemble des participants qui l’accomplissent. (shrink)

Psychiatric diagnoses are increasingly seen as viable categories around which self and social identities might be drawn. This introduces a new pressure on the “boundary problem” for psychiatry: when members of the public request diagnoses to affirm their self-identities how should we draw the line between mental disorder and normality? If psychiatrists have the authority to recognize and diagnose mental disorder, how can roles as diagnosers and gate-keepers be balanced in a post-stigma era of mental health care? Focusing on the (...) disorder identified would-be patient who would not attract the diagnosis they seek were they not to seek it, this essay explores what it means to have an identity bound to a psychiatric diagnosis and considers a framework for psychiatrists to negotiate clinical encounters that involve the seeking of identity affirming diagnoses. (shrink)

The conception of conscience that dominates discussions in bioethics focuses narrowly on private regulation of behaviour resulting from explicit attitudes. It neglects to mention implicit attitudes and the role of social feedback in becoming aware of one's implicit attitudes. But if conscience is a way of ensuring that a person's behaviour is in line with her moral values, it must be responsive to all aspects of the mind that influence behaviour. There is a wealth of recent psychological work demonstrating the (...) influence of implicit attitudes on behaviour. A necessary part of having a well-functioning conscience must thus be awareness and regulation of one's implicit attitudes in addition to one's explicit attitudes; this cannot be done by an individual in isolation. On my revised conception of conscience, heeding social feedback, being emotionally self-aware and engaging in self-monitoring are important for the possession of a well-functioning conscience. Health professionals may need specific training to help them develop and maintain a well-functioning conscience, which should involve cultivation of awareness of implicit attitudes, emphasis on social feedback and techniques to enable better control over them. (shrink)

This paper begins with a recognition that questions of climate change, environmental degradation, and our relations to the natural world are increasingly significant and requiring of a response not only as philosophers of education but also as citizens of the planet. As such the paper explores five of the key journals in philosophy of education in order to identify the extent, range, and content of current discussions related to the environment. It then organizes and summaries the articles that were located (...) while seeking to identify the extent, possibilities, and limitations of current discussions relating to the environment in the philosophy of education community. The hope is that ultimately this work is an invitation to anyone, regardless of tradition, orientation, and expertise, to contribute to the expansion and deepening of both theory and practice in the face of this most serious of challenges. (shrink)

Awareness growth—coming to entertain propositions of which one was previously unaware—is a crucial aspect of epistemic thriving. And yet, it is widely believed that orthodox Bayesianism cannot accommodate this phenomenon, since that would require employing supposedly defective catch-all propositions. Orthodox Bayesianism, it is concluded, must be amended. In this paper, I show that this argument fails, and that, on the contrary, the orthodox version of Bayesianism is particularly well-suited to accommodate awareness growth. For it entails what I call the refinement (...) view, which allows us to capture that awareness growth consists in the increase of one’s capacity of discernment. (shrink)

Arts and Humanities in Higher Education, Ahead of Print. Despite the growing interest of academia in public outreach, little is known about what university students, among who are future researchers, take away from their academic education in terms of research dissemination opportunities. In this study, we analyzed social science students’ discourses on creative dissemination practices in relation to standardized dissemination practices. Our findings reveal that student’s conceptions of creative research dissemination are diverse and influenced by varying perceptions of knowledge, the (...) public, and creativity. Discourses on CRD are also strongly linked with values such as innovation and impact on society, but the concrete meaning of these values often remains undefined. We propose rethinking the academic context at the educational level so it offers a platform for multimodal formats of research dissemination. This would require encouraging students to take a stance toward how they envision a progressive academic future. (shrink)

Cet article propose le repérage et l’analyse de trois manières distinctes de conceptualiser la prière dans les travaux de sciences humaines et sociales qui la prennent pour objet à compter de la publication de l’essai de Marcel Mauss (1909). Ces trois conceptualisations de prière mises en débat dès le XXe siècle sont déterminées par une variation des stratégies discursives et des rapports au théologico-religieux. Normalisée, la prière est définie selon sa forme jugée idéale. Enchantée, elle est mise au service des (...) théories de l’homo religiosus. Désenchantée, elle est ramenée à une construction socio-psychologique. En relevant les intérêts comme les limites analytiques de chacune de ces options théoriques, l’objectif est de faire apparaître leur complémentarité afin d’esquisser les traits d’une nouvelle manière possible d’étudier la prière. (shrink)

This article explores the propensity of Iliadic landscape similes to encourage reflections on human fragility. Landscape in the similes is usually interpreted as a medium which conveys a consistent symbolic value (for example storms as the hostility of nature); however, landscape is often a more flexible medium. By offering close readings of three Iliadic similes (winter torrents at 4.452–6, snowfall at 12.279–89 and clear night at 8.555–9), this article argues that landscape allowed the poet to frame the main narrative in (...) various ways, both helping the listener to imagine described events and interrupting the listener's immersion in the main narrative. While many have analysed how similes offer analogies to the main narrative, the ways in which the same simile can also disrupt and reframe the narrative are less understood. This article observes that shifts in narrative space and time played a key role in changing the perspective of the listener. Taking a broadly phenomenological approach, it proposes that embodied descriptions of space, which recreate the experience of the moving body in landscape, invite the listener to consider the temporal scale of the natural world. By looking at how landscape in select similes shifts the listener's spatial and temporal experience, this article argues that landscape contributes to the wider Iliadic theme of human fragility. In particular, it identifies the potential for landscape similes to minimize the scale of human experience, question the possibility of human agency, and reveal the limitations of human perspectives and knowledge. (shrink)

Multimodal prehabilitation is increasingly recognized as an important component of the pre-operative pathway in oncology. It aims to optimize physical and psychological health through delivery of a series of tailored interventions including exercise, nutrition, and psychological support. At the core of this prescription is a need for considerable health behavior change, to ensure that patients are engaged with and adhere to these interventions and experience the associated benefits. To date the prehabilitation literature has focused on testing the efficacy of devised (...) exercise and nutritional interventions with a primary focus on physiological and mechanistic outcomes with little consideration for the role of behavioral science, supporting individual behavior change or optimizing patient engagement. Changing health behavior is complex and to maximize success, prehabilitation programs should draw on latest insights from the field of behavioral science. Behavioral science offers extensive knowledge on theories and models of health behavior change to further advance intervention effectiveness. Similarly, interventions developed with a person-centered approach, taking into consideration individual needs and preferences will increase engagement. In this article, we will provide an overview of the extent to which the existing prehabilitation literature incorporates behavioral science, as well as studies that have explored patient's attitudes toward prehabilitation. We will go on to describe and critique ongoing trials in a variety of contexts within oncology prehabilitation and discuss how current scientific knowledge may be enhanced from a behavioral science perspective. We will also consider the role of “surgery schools” and detail practical recommendations that can be embedded in existing or emerging clinical settings. (shrink)

Theoretical perspectives on non-suicidal self-injury have long underscored the affective regulating properties of NSSI. Less attention has been given to the processes through which individuals choose to engage in NSSI, specifically, to regulate their distress. In the present study, we tested one theoretical model in which recent stressful experiences facilitates NSSI through emotional reactivity. Further, we tested whether the indirect link between stressful experiences and NSSI was moderated by several NSSI specific risk factors. Given the widespread prevalence of NSSI among (...) community-based samples of adolescents and emerging adults, we surveyed 1,125 emerging adults in first-year university at a large academic institution. Participants completed an online survey three times, reporting on their recent stressful experiences in university, emotional reactivity, NSSI, as well as three NSSI specific risk factors. As expected, path analysis revealed that there was a significant indirect effect of recent stressful experiences on NSSI engagement, through emotional reactivity. However, this effect was maintained across moderator analyses. These novel findings underscore the salient role of proximally occurring stressors in the prediction of NSSI among emerging adults in university, and can inform developing theoretical perspectives on NSSI. (shrink)

Au cours de la guerre froide, les organisations internationales, notamment celles du système de l’ONU, sont des tribunes instrumentalisées par les deux superpuissances pour se mettre en valeur. C’est le cas de l’UNESCO. Le discours de la cosmonaute soviétique Valentina Terechkova en 1966 est la première prise de parole d’une femme soviétique dans cette enceinte. Terechkova, qui a été la première femme au monde à effectuer, en 1963, un vol dans l’espace, utilise la tribune de l’UNESCO pour introduire des enjeux (...) de genre dans le cadre des relations internationales marquées par le contexte de guerre froide. Au-delà des rapports de force entre États marqués par la bipolarisation du monde, elle tente d’exprimer des arguments à prétention universaliste en faveur des droits des femmes et du développement, tout en produisant un discours à rhétorique typiquement soviétique. (shrink)

This commentary argues the case for developmental psychopathology in understanding social learning. Informed by work on “epistemic disruption,” we have described difficulties with social learning associated with many forms of psychopathology. Epistemic disruption manifests in an inability to move between innovation and conformity, and arises from poor mentalizing, which generates difficulties in identifying social cues that trigger the correct stance.

The current study examines changes in the economic, social, and well-being life events that women and men reported during the first 7 months of the COVID-19 pandemic. Analyses compared monthly averages in cross-sectional national probability data from two annual waves of the New Zealand Attitudes and Values Study collected between October 2018–September 2019, and October 2019–September 2020, which included the first 7 months of the pandemic. Results indicated that people reported increased job loss in the months following an initial COVID-19 (...) lockdown relative to the same months the year earlier. Women also experienced an increase in family troubles when restrictions eased and reported increased negative lifestyle changes that persisted throughout the first 7 months of the pandemic. The proportion of people experiencing many other life events in New Zealand did not differ reliably from the pre-pandemic monthly baseline. These results highlight resilience to many potential negative life events within the first 7 months of the COVID-19 pandemic. However, the pandemic did not affect everyone equally, and the burden of increased negative events appears more heavily borne by women. As the pandemic continues more than 18 months from initial community transmission of COVID-19, our findings provide important insight into the impact of the pandemic on potential negative life events, especially among women, that may have critical consequences for mental health, gender equality, and social well-being over time. (shrink)

Brette presents arguments that query the existence of the neural code. However, he has neglected certain evidence that could be viewed as proof that a neural code operates in the brain. Albeit these proofs show a link between neural activity and cognition, we discuss why they fail to demonstrate the existence of an invariant neural code.

Preamble: Singers gathering on stage This is a paper for three voices. An attempt at a philosophic experience in the symphonic form. The first voice carries the tune and holds the shape of the paper as it focuses on Baudrillard and proposes that public education in Canada today is in fact a simulacra. The second voice has more room to roam, tracing some of the Western philosophical underpinnings of Baudrillard’s stages of the simulacra from Aristotle to Saussure’s centralization of human (...) language and out to the disappearance of the signified altogether. And the third voice, plays a parallel tune to the first two but focuses on the evolution of education for sustainable development. Eventually all three voices find harmonies around the challenges of their respective simulacrum and will, as a dramatic conclusion, seek to offer some important educational implications. We have employed, as seen above, different fonts for each voice and divided the paper along symphonic lines with each movement being accompanied by one stage of Baudrillard’s development of the simulacra. We encourage the reader to think of this paper as a philosophical score choosing to read each voice separately or all three together seeking resonances along the way. (shrink)

The fractious but potentially fruitful dialogue between legal history and legal theory has been the subject of much recent scholarly attention. Despite this, instances of meaningful engagement over the role of history in legal theorising remain scarce. This is particularly true in respect of normative theorising—the difficult but crucial tasks of critiquing and reforming law—where history is frequently considered to play a relativising role that threatens to destabilise strong evaluation. In this article, I argue that in order to advance the (...) dialogue it is essential to look beyond disciplinary differences and instead focus on the divide between immanence and transcendence, which arises within and also between legal history and legal theory. Reorienting our attention in this way discloses important sources of dissonance but also points towards significant opportunities for cooperation; it is therefore an essential first step in the pursuit of meaningful dialogue, either critical or collaborative. (shrink)

Les deux dernières décennies ont été marquées dans les pays occidentaux par d’importants changements culturels dans les domaines de la sexualité et de la parenté. En France, les évolutions législatives telles que le vote du pacte civil de solidarité (pacs) en 1999 et l’ouverture du mariage aux individus de même sexe en 2013, ainsi que les polémiques et les mouvements d’opposition qu’elles ont suscités, témoignent des profondes mutations à l’œuvre dans nos systèmes de parenté et nos modes de c...

This paper examines the reasons why peasant migrants in Chinese cities, a long exploited but silent working class, recently started to voice out claims for better protection of their legal rights. As legal consciousness develops among migrant workers, who slowly learn how to mobilize the law in an effort to resist an oppressive system, so does the awareness of the regime's failings and of the need for alternative forms of representation. However, the migrants' attempts to achieve more autonomy have so (...) far been hijacked by the Party_state and hardly give rise to society empowerment. mobilization of the grassroots, how to guide the new civil rights movement towards a nonviolent and legal form of expression; how to limit the negative developments caused by the reform through political reform, protect society’s rights and constrain officials’ rights in order to establish a political system that respects human rights—these are the challenges confronting the Chinese Communist regime if it wants to appease the wrath of the people. (shrink)

Cognitively engaging physical activity has been suggested to have superior effects on cognition compared to PA with low cognitive demands; however, there have been few studies directly comparing these different types of activities. The aim of this study is to compare the cognitive effects of a combined physically and cognitively engaging bout of PA to a physical or cognitive activity alone in children. Children were randomized in pairs to one of three 20-min conditions: a cognitive sedentary activity; a non-cognitively engaging (...) PA; and a cognitively engaging PA. Executive function was assessed using a modified Eriksen flanker task immediately before and 10–15 min following the experimental condition. Children ages 6–8 years were included in the study. A repeated measures ANOVA found no significant difference between groups with respect to scores on the flanker task. The results do not support the hypotheses that a cognitively engaging bout of PA enhances cognitive performance over non-cognitively engaging PA or sedentary activities. Possible explanations for our findings include overexertion during the acute bout of PA and depletion of positive affect prior to performing the post-intervention EF tasks. (shrink)