This volume takes a look at the status quo of whistleblowing in several jurisdictions from around the world. Covering a topic that draws the attention of a broad public and is gaining importance amongst legislators, practitioners and scholars all over the globe, the book examines the various aspects of whistleblowing. It looks at what kind of legal protection of whistleblowers is in force, who is protected, what kind of behaviour is protected, and what kind of behaviour whistleblowers are protected against. (...) This is achieved by a combination of a general comparative report with country-specific reports that give information on whistleblowing in various jurisdictions. These countries include, amongst others, Canada, Germany, France, Italy, the Netherlands and the USA. A synopsis comprises information on whistleblowing in 23 countries in one tabula. The chapters of this book were originally prepared for the XIXth International Congress of Comparative Law (20th and 21 July 2014) of International Academy of Comparative Law in Vienna.shrink)

Introduction: the foundation of justice -- Practical reason and justifying reasons: on the foundation of morality -- Moral autonomy and the autonomy of morality : toward a theory of normativity after Kant -- Ethics and morality -- The justification of justice: Rawls's political liberalism and Habermas's discourse theory in dialogue -- Political liberty: integrating five conceptions of autonomy -- A critical theory of multicultural toleration -- The rule of reasons: three models of deliberative democracy -- Social justice, justification, and power (...) -- The basic right to justification: toward a constructivist conception of human rights -- Constructions of transnational justice: comparing John Rawls's the law of peoples and Otfried Höffe's democracy in an age of globalisation -- Justice, morality, and power in the global context -- Toward a critical theory of transnational justice. (shrink)

RésuméL'ouvrage galéniqueSur les Éléments selon Hippocrateest une importante source d'information concernant les théories physiques de l'antiquité tardive. Les diverses doctrines atomistes discutées par Galien ainsi que les arguments employés par lui pour les réfuter ont été étudiés de près par les premiersMutakallimūn.Les abrégés de cet ouvrage, qui semblent avoir été écrits plusieurs siècles après Galien, et dont certains remontent aux débuts de la culture islamique, présentent un intérêt particulier. Dans cet article, nous donnons une édition, une traduction et une étude (...) d'un abrégé inconnu jusqu'ici, conservé dans un unique manuscrit, qui l'attribue à Ḥunayn ibn Isḥāq. Comme les autres abrégés, il s'agit en fait d'une doxographie de théories physiques qui ne reproduit pas toujours précisément ce que Galien a dit, mais qui reflète le discours de l'époque où elle a été rédigée. (shrink)

Over the past 15 years, Rainer Forst has developed a fundamental research programme within the tradition of Frankfurt School Critical Theory. The core of this programme is a moral account of the basic right of justification that humans owe to one another as rational beings. This account is put to work by Forst in articulating - both historically and philosophically - the contexts and form of justice and of toleration. The result is a powerful theoretical framework within which (...) to address issues such as transnational justice and multicultural toleration. In this volume, Forst sets out his ideas in an extended essay, which is responded to be influential interlocutors including: Andrea Sangiovanni, Amy Allen, Kevin Olson, Anthony Laden, Eva Erman and Simon Caney. The volume concludes with Forst's response to his interlocutors. (shrink)

We invoke the ideal of tolerance in response to conflict, but what does it mean to answer conflict with a call for tolerance? Is tolerance a way of resolving conflicts or a means of sustaining them? Does it transform conflicts into productive tensions, or does it perpetuate underlying power relations? To what extent does tolerance hide its involvement with power and act as a form of depoliticization? Wendy Brown and Rainer Forst debate the uses and misuses of tolerance, an (...) exchange that highlights the fundamental differences in their critical practice despite a number of political similarities. Both scholars address the normative premises, limits, and political implications of various conceptions of tolerance. Brown offers a genealogical critique of contemporary discourses on tolerance in Western liberal societies, focusing on their inherent ties to colonialism and imperialism, and Forst reconstructs an intellectual history of tolerance that attempts to redeem its political virtue in democratic societies. Brown and Forst work from different perspectives and traditions, yet they each remain wary of the subjection and abnegation embodied in toleration discourses, among other issues. The result is a dialogue rich in critical and conceptual reflections on power, justice, discourse, rationality, and identity. (shrink)

The development and management of the Covid-19 outbreak in the Netherlands is described. The “intelligent lockdown” was aimed at minimizing new infections and limiting the number of deaths, while keeping the economy running as much as possible. Changes in consumer behavior, exit strategy, and lessons learned are considered.

Enactive approaches to emotion are rare and to anxiety and anxiety disorder even more. This article aims to show how an enactive paradigm might be helpful in solving some problems in the clinical and scientific understanding of anxiety and anxiety disorder. I begin by pointing at a number of relevant clinical features of anxiety and anxiety disorder and by sketching how and why anxiety theories have difficulties with doing justice to these features. I specifically focus on two themes: a) how (...) to conceptualize anxiety as the expression of a dynamical interaction with the environment instead of as just a reaction to the environment (or to... (shrink)

In his book A secular age, Charles Taylor rejects the view that modernity must lead to a steady decline of religion and argues that although the conditions of belief changed, causing a destabilization and recomposition of religious forms, our modern world still can and should be open to the transcendent. I attempt to give a general overview of A secular age by describing shifts in worldview with respect to nature, self, society and God. Finally, I discuss how Taylor’s message relates (...) to that of Reformational thinking. Taylor’s description of motivations to regard the world as closed to the transcendent corresponds well with the Reformational analysis of the humanistic ground motives of freedom and nature. Taylor, however, seems to consider our current worldview as a neutral basis and religion as an optional add-on. (shrink)

1. Cornelius Valerius en Sebastianus Foxius Morzillus als bronnen van Coornhert.

This book focuses on two important, interlinked themes in psychiatry, i.e., the relation between self (or: person), context and psychopathology; and the intrinsic value-ladenness of psychiatry as a practice. -/- Written against the background of scientistic tendencies in today’s psychiatry, it is argued in Part I that psychiatry needs a clinical conception of psychopathology alongside more traditional scientific conceptions; that this clinical conception of psychopathology must be based on a fundamental rethinking of the interaction between illness manifestations, contextual influences and (...) the patient as person, such that psychopathology is conceived as the product of this interaction rather than as the outward manifestation of a broken mechanism within the patient. -/- In Part II, it is shown that self- and context-related factors have a large impact on who one is as a professional. I argue that an analysis is needed of the normative aspects of the relations that sustain and frame professional role-fulfilment. This analysis culminates into a so-called normative practice model (NPM) which distinguishes between qualifying, conditioning and foundational principles (or: rules, norms). The normative practice model helps to locate and resist scientistic defenses of the legitimacy of psychiatry and to replace them by a positive account that provides clinicians (and scientists) the conceptual tools they need to justify what they do in broader contexts. The main thrust of the argument is to show that psychiatry needs a value-sensitive account of its legitimacy, in which other normative dimensions are recognized than those that sustain the expert role. Psychiatrists should in other words not defend the legitimacy of their profession by referring to the expert role solely but provide a broader account in which justice is done to the broader social, legal, and economic contexts of professional activity. The analysis of this inherent normativity begins within clinical practice, it extends to the concept of disease as well as to wider domains of psychiatric care and the sociology of professions, and, finally, amounts into an analysis of the value-ladenness of interactions between healthcare institutions, the government, professional organizations and patient groups. (shrink)

This book offers an Arabic edition, English translation, study and glossaries of ʿUbaidallāh Ibn Buḫtīšūʿ’s important work on apparent death; an appendix moreover provides the Arabic and Hebrew recensions of ʿUbaidallāh’s lost Greek _Vorlage_.

Understanding a sentence and integrating it into the discourse depends upon the identification of its focus, which, in spoken German, is marked by accentuation. In the case of written language, which lacks explicit cues to accent, readers have to draw on other kinds of information to determine the focus. We study the joint or interactive effects of two kinds of information that have no direct representation in print but have each been shown to be influential in the reader’s text comprehension: (...) i. the (low-level) rhythmic-prosodic structure that is based on the distribution of lexically stressed syllables, and ii. the (high-level) discourse context that is grounded in the memory of previous linguistic content. Systematically manipulating these factors, we examine the way readers resolve a syntactic ambiguity involving the scopally ambiguous focus operator auch (engl. `too') in both oral (Experiment 1) and silent reading (Experiment 2). The results of both experiments attest that discourse context and local linguistic rhythm conspire to guide the syntactic and, concomitantly, the focus-structural analysis of ambiguous sentences. We argue that reading comprehension requires the (implicit) assignment of accents according to the focus structure and that, by establishing a prominence profile, the implicit prosodic rhythm directly affects accent assignment. (shrink)

In this collection of essays, the first translation into English of the ground-breaking 'Normativität und Macht' (Suhrkamp 2015), Rainer Forst presents a new approach to critical theory. Each essay reflects on the basic principles that guide our normative thinking. Forst's argument goes beyond 'ideal' and 'realist' theories and shows how closely the concepts of normativity and power are interrelated, and how power rests on the capacity to influence, determine, and possibly restrict the space of justifications for others. By (...) combining insights from the disciplines of philosophy, history, and the social sciences, Forst revaluates theories of justice, as well as of power, and provides the tools for a critical theory of relations of justification. Translated from German. (shrink)

The concept of toleration plays a central role in pluralistic societies. It designates a stance which permits conflicts over beliefs and practices to persist while at the same time defusing them, because it is based on reasons for coexistence in conflict - that is, in continuing dissension. A critical examination of the concept makes clear, however, that its content and evaluation are profoundly contested matters and thus that the concept itself stands in conflict. For some, toleration was and is an (...) expression of mutual respect in spite of far-reaching differences, for others, a condescending, potentially repressive attitude and practice. Rainer Forst analyses these conflicts by reconstructing the philosophical and political discourse of toleration since antiquity. He demonstrates the diversity of the justifications and practices of toleration from the Stoics and early Christians to the present day and develops a systematic theory which he tests in discussions of contemporary conflicts over toleration. (shrink)

Rainer Forst develops a critical theory capable of deciphering the deficits and potentials inherent in contemporary political reality. This calls for a perspective which is immanent to social and political practices and at the same time transcends them. Forst regards society as a whole as an ‘order of justification’ comprising complexes of different norms referring to institutions and corresponding practices of justification. The task of a ‘critique of relations of justification’, therefore, is to analyse such legitimations with regard (...) to their validity and genesis and to explore the social and political asymmetries leading to inequalities in the ‘justification power’ which enables persons or groups to contest given justifications and to create new ones. Starting from the concept of justification as a basic social practice, Forst develops a theory of political and social justice, human rights and democracy, as well as of power and of critique itself. In so doing, he engages in a critique of a number of contemporary approaches in political philosophy and critical theory. Finally, he also addresses the question of the utopian horizon of social criticism. (shrink)

This article analyzes the changes in The Handmaid’s Tale’s moral and political outlook as it tracks different forms of complexity in the novel, the film, and the TV series. While the sense of female empowerment increases with each adaptation of this tale of forced sexual servitude in fictional theocratic state of Gilead, the essay argues that Hulu’s TV series develops an intriguing interaction between the interiority of Margaret Atwood’s 1985 novel and the exteriority emphasized in Volker Schlöndorff’s 1990 film. In (...) so doing, the TV series Escher-twists across related binaries between activity/passivity and personal/political actions as well. By expanding, displacing, and creatively intersecting storylines which the novel cut short, the series weaves an intricate perspectival web that invites the viewer to participate in its mind games. (shrink)

_Contexts of Justice,_ highly acclaimed when it was published in Germany, provides a significant new intervention into the important debate between communitarianism and liberalism. Rainer Forst argues for a theory of "contexts of justice" that leads beyond the narrow confines of this debate as it has been understood until now and posits the possibility of a new conception of social and political justice. This book brings refreshing clarity to a complex topic as it provides a synthesis of traditions and (...) theories that leads to a truly original approach. Forst makes a four-part distinction to decipher the debate between communitarianism and liberalism. These four parts concern the constitution of the self, the neutrality of law, the ethos of democracy, and the opposition between universalism and contextualism. He shows that a comprehensive theory of justice needs to take these different contexts adequately into account. He discusses recent debates about discursive democracy and feminist critiques of liberalism, and addresses such topics as multiculturalism and civil society. (shrink)

The Einstein-Podolsky-Rosen (EPR) paradox and the correlated states it introduced comprise one of the central interpretive problems of quantum mechanics. Because of the apparent nonlocal character of this paradox, it should be given a relativistic treatment. The purpose of this paper is to provide such a treatment.

In this paper, I raise an objection to Philip Goff’s “Revelation Thesis” as articulated in his Consciousness and Fundamental Reality. In Sect. 1 I present the Revelation Thesis in the context of Goff’s broader defence of pan-psychism. In Sect. 2 I argue that the Revelation Thesis entails the identity of indiscriminable phenomenal properties. In Sect. 3 I argue that the identity of indiscriminable phenomenal properties is false. The upshot is that the Revelation Thesis is false.

The approach to AIDS as a disease and a threat for social discrimination is used as an example to illustrate a conceptual thesis. This thesis is a claim that concerns what we call a medical issue or not, what is medicalised or needs to be demedicalised. In the friction between medicalisation and demedicalisation as discursive strategies the latter approach can only be effected through the employment of discourses or discursive strategies other than medicine, such as those of the law and (...) of economics. These discourses each realise different values, promote a different subject, and have a different concept of man. The concept of discourse is briefly outlined against concepts such as the linear growth concept of science and the growth model of science as changes in paradigm. The issue of testing for AIDS shows a conflict between the medical and the legal discourse and illustrates the title of our contribution: the human body as field of conflict between discourses. (shrink)

The approach to AIDS as a disease and a threat for social discrimination is used as an example to illustrate a conceptual thesis. This thesis is a claim that concerns what we call a medical issue or not, what is medicalised or needs to be demedicalised. In the friction between medicalisation and demedicalisation as discursive strategies the latter approach can only be effected through the employment of discourses or discursive strategies other than medicine, such as those of the law and (...) of economics. These discourses each realise different values, promote a different subject, and have a different concept of man. The concept of discourse is briefly outlined against concepts such as the linear growth concept of science and the growth model of science as changes in paradigm. The issue of testing for AIDS shows a conflict between the medical and the legal discourse and illustrates the title of our contribution: the human body as field of conflict between discourses. (shrink)

Der Einladung von Bernard Tschumi folgend kommt es in den Jahren 1985 bis 1987 zu einer engen Zusammenarbeit zwischen Jacques Derrida und Peter Eisenman für ein Teilareal des Parc de la Villette in Paris. Wenige Jahre später gilt Derrida als meistzitierter Philosoph in der Architektur. Dieser hohen Präsenz im allgemeinen Diskurs steht die wissenschaftliche Auseinandersetzung bislang nach. Der vorliegende Band zum Philosophischen Entwerfen setzt sich zum Ziel, die Bedeutung der Architektur in Derridas Schriften systematisch aufzuarbeiten. Ausgangspunkt hierfür bildet die eingehende (...) Lektüre der Gesamtheit dieser Schriften. Darauf aufbauend wird nachgezeichnet, inwieweit Derrida sich der Architektur annähert, sich mit dieser auseinandersetzt und davon ausgehend Möglichkeiten eines Weiterdenkens aufzeigt. Fordert Derrida gegenüber Eisenman bisweilen eine Rückbesinnung auf ein grundlegendes Denken ein, wie er es beispielhaft bei Vitruv aufgreift, wendet er seinen Blick zugleich voraus und formuliert den Anspruch, nicht mehr allein konzeptuell, sondern im Stein zu denken: ohne Nostalgie, der lebendigste Gedächtnisakt! (shrink)

In this note a recently developed quantum oscillating finite space cosmological model is described. The principle novelty of the model is that there is a quantum blurring of the classical singularity between cycles, instead of a singularity free bounce. Recently, Quentin Smith (1988) has argued that present theoretical and observational evidence justifies the belief that the past history of the universe is finite. The relevance of this cosmological model to Smith's arguments is discussed.

Many methods are used in research on complexity. One of these is qualitative comparative analysis. Although many authors allude to the relationships between complexity and QCA, these links are rarely made explicit. We propose that one way of doing so is by using critical realism as a meta-framework. This article discusses the viability of this approach by examining the extent to which QCA is a complexity-informed method. This question is answered in three steps. First, we discuss the nature of complexity (...) and its epistemological implications. Second, we focus on Bhaskar’s perspective on critical realism and show how it can be used as a framework for understanding social complexity. Third, we examine the ontological and epistemological assumptions underlying QCA and synthesize these with our critical realist approach to complexity. We argue that complex reality is non-decomposable, contingent, non-compressible and time-asymmetric. We conclude that, although QCA is inevitably reductive and partial, its core premises are built upon the notions of contingency and time-asymmetry. Therefore, it is not only a powerful method for doing complexity-informed research, but is also a complexity-informed method by itself. (shrink)

The concepts of adaptation and fitness have such an appeal that they have been used in other scientific domains, including the social sciences. One particular aspect of this theory transfer concerns the so-called fitness landscape models. At first sight, fitness landscapes visualize how an agent, of any kind, relates to its environment, how its position is conditional because of the mutual interaction with other agents, and the potential routes towards improved fitness. The allure of fitness landscapes is first and foremost (...) that it represents a complex story about adaptation and fitness in one coherent image. Different accounts of fitness landscapes in different domains in the social sciences suggest that the properties and functions of fitness landscapes are attributed rather freely. These differences are testimony of the model’s versatility. At the same time, one will notice that the different approaches can also create ambiguity about the exact meaning and role of fitness landscapes in the social sciences. This article presents an extensive literature survey of the diverging interpretations and uses of fitness landscapes in the social sciences and discusses the implications in terms of how these models inform scientific inquiry. (shrink)

Does preaching bring God on stage? Protestants assume an intimate relationship between the ‘Word of God’ and preaching. However, the principle that ‘preaching of the Word of God is the Word of God’ caused intense debates about the status of God language. The author highlights the classic disputes of the 19th and 20th centuries and argues that the old dilemma must be overcome. Sermons address the subjective-contextual conditions of the listeners, and this in no way precludes the attention for divine (...) disclosure. On the contrary, there is a true reciprocity between personal spirituality and the sense of God as really other. The author defends the thesis that the renewed attention for the human condition in the theological debates of the last decades should also include a positive stand towards the believer’s spiritual awareness of God’s real existence and presence. (shrink)