This article discusses the alleged anti-corruption effects of procurement reforms by presenting the European Act on Public Procurement and the increasing number of appeals filed by suppliers due to perceived misevaluations of tenders and perceived impairments of transparency. The delays and costs that arise from this right to appeal are studied in the Swedish context with the aim of contributing to the debate on corruption in two ways. First, instead of using the modern definition of corruption, (...) the ancient definition is introduced to explain anti-corruption efforts, focusing on corruption as deviations from a pristine standard as opposed to corruption as the abuse of public power for private gain. Second, it will be argued that the fight against corruption in the practical implementation of the European Act on Public Procurement jeopardizes efficiency and might devaluate competence. However, striving for the total elimination of corruption–an evil that has to be fought disregarding the consequences–is integral in the war against it. (shrink)

The article “Prevention of corruption in public procurement: importance of general legal principles” examines the importance of general legal principles in the sphere of public purchases. The purpose of the work is to analyse the information on possible methods of prevention of and fight against corruption. The main result of the work is the conclusion that strict adherence to the general legal principles is one of the corruption-reducing factors. While combating corruption in the field of public (...) procurement, general legal principles should not be divided into primary and secondary principles, because they are all equally important and complement each other. Audit of the normative acts regulating public procurement shall be performed in the Member States of the European Union; positivisation of the following principles will effectively prevent manifestations of corruption in the area of public procurement: the principle of responsibility; principle of permanent composition of the procurement commission; the principle of in dubio pro reo; the principle of compensation; the principle of control; the principle of objectivity; the principle of completing the procurement procedure within a reasonable time period. (shrink)

Name der Zeitschrift: Jahrbuch für Wissenschaft und Ethik Jahrgang: 20 Heft: 1 Seiten: 237-240.

Name der Zeitschrift: Jahrbuch für Wissenschaft und Ethik Jahrgang: 20 Heft: 1 Seiten: 293-302.

This article concerns the implementation of new EU Directives coordinating the procedures for awarding public contracts in European Union Member States. In a number of countries, including Poland, the process of their implementation (Directive 2014/24/eu of the European Parliament and of the Council of 26 February 2014 on public procurement; Directive 2014/25/eu of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport, (...) and postal services sectors; Directive 2014/23/eu of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts) was delayed. In most cases, the modernization of EU regulations on public procurement required a thorough modification of national regulations in this respect. As a result of the introduction of the package of new Directives, the European Union public procurement market has undergone substantial changes. The need to adjust legal regulations to the changing political, social, and economic situations in a better way has resulted in the transposition of the modernized EU Directives concerning public procurement to the Polish legal system, affecting the final shape of the new Polish Public Procurement Law. The implementation of the package of new Directives has significantly affected the functioning of the Polish public procurement market. For the entities operating in this market, this means the necessity to expand their knowledge, so as to become familiar with the new legal solutions in this respect. (shrink)

This study investigates the relationship between moral schemas and corruption in public procurement. It adopts a moral schema framework to examine procurement-induced corruption from Uganda. Experiences, attitudes, and values of respondents are used to construct future behavior of public procurement staff. The schema framework was built around the premise that procurement-related corruption is a function of the social framework and human nature paradox, constructing logical justification for the acts of corruption. The study uses data (...) from 474 public procurement staff to demonstrate that social identity, ethical egoistic, legislative, amoral, and religious moral schemas account for 78.51% of the variance in moral schema of respondents. All these schemas were found to be significant predictors, accounting for 73.3% of public procurement corruption. The paper urges managers of procuring and disposing entities to utilize moral scripts in reducing corruption. Managers are encouraged to engage in morally responsible behaviors to promote ethics and value-for-money transactions. The paper provides an alternative framework for examining corruption in sub-Saharan Africa where explicit elaboration of insights on corruption is still lacking. (shrink)

On 21 April 2021, the European Commission published the proposal of the new EU Artificial Intelligence Act (AIA) — one of the most influential steps taken so far to regulate AI internationally. This article highlights some foundational aspects of the Act and analyses the philosophy behind its proposal.

This review essay explores the potential of a European perspective on the history of epidemics and pandemics over the last three centuries. To this end, it follows Benoît Majerus’ proposal to distinguish four different “European” perspectives on the history of medicine. Europe is simultaneously an imaginary, geographical, imperial, and integrative space. As an imaginary space (1), “European” ideas about pandemics reveal a specific conception of public health and the state; as a geographical space (2), many historical (...) case studies examined the development of comparable “European” practices at the national level; as an imperial space (3), it is necessary to provincialize Europe and ask about knowledge production and practices in non-European countries; and as an integrative space (4), European responses to pandemics and epidemics represent a neglected but important aspect of European integration. This essay can only suggest that the European perspective is an interesting analytical category for both the history of pandemics and the history of “Europe.”. (shrink)

Over the last decade, Corporate Social Responsibility (CSR) has been defined first as a concept whereby companies decide voluntarily to contribute to a better society and cleaner environment and, second, as a process by which companies manage their relationship␣with stakeholders (European Commission, 2001. Nowadays, CSR has become a priority issue on governments’ agendas. This has changed governments’ capacity to act and impact on social and environmental issues in their relationship with companies, but has also affected the framework in which (...) CSR public policies are designed: governments are incorporating multi-stakeholder strategies. This article analyzes the CSR public policies in European advanced democracies, and more specifically the EU-15 countries, and provides explanatory keys on how governments have understood, designed and implemented their CSR public policies. The analysis has entailed the classification of CSR public policies taking into consideration the actor to which the governments’ policies were addressed. This approach to the analysis of CSR public policies in the EU-15 countries leads us to observe coinciding lines of action among the different countries analyzed, which has enabled us to propose a ‹four ideal’ typology model for governmental action on CSR in Europe: Partnership, Business in the Community, Sustainability, and Citizenship, and Agora. The main contribution of this article is to propose an analytical framework to analyze CSR public policies, which provide a perspective on the relationships between governments, businesses, and civil society stakeholders, and enable us to incorporate the analysis of CSR public policies into a broader approach focused on social governance. (shrink)

AGAINST THE BACKGROUND OF VARIOUS EUROPEAN LEGISLATIVE INITIAtlves dealing with medical-ethical decisions at the end of life and an introduction on the Belgian "Act on Euthanasia," in the first part of this essay I present a concise comparison between the Belgian law and the provisions of Dutch legislation. In the second part of the essay I aim at a better understanding of the Belgian legislation by documenting two opportunities that might have enhanced the outcome by addressing the complexity of (...) end-of-life decisions and the proper position of palliative care. I offer some preliminary conclusions in light of the implementation of the law in Catholic institutions as well as its first official evaluation. (shrink)

Nearly fifteen years after the Council of Europe first called for a pan‐European convention on issues in bioethics to harmonize disparate national regulations, in November 1996 the council's Committee of Ministers approved the Convention on Human Rights and Biomedicine for formal adoption. The draft convention, released in July 1994, provoked strong public, professional, and governmental debate among European nations, particularly regarding provisions for biomedical research with subjects unable to give informed consent. If ratified, the “bioethics convention” will (...) become the first such document to have binding force internationally. (shrink)

In this paper, I argue that the Alt-Right needs to be taken seriously by the liberal establishment, the general public, and leftist cultural elites for five main reasons: 1) its ‘right-wing Gramscianism’ borrows from the French New Right and the French and pan-European Identitarian movement. This means that it is engaged in the continuation of a larger Euro-American metapolitical struggle to change hearts and minds on issues related to white nationalism, anti-Semitism, and racialism; 2) it is indebted to (...) the metapolitical evolution of sectors of the violent neo-Nazi and earlier white nationalist movements in the USA; 3) this metapolitical orientation uses the mass media, the internet, and social media in general to reach and influence the masses of Americans; 4) the ‘cultural war’ means that the Alt-Right’s spokesman Richard Spencer, French ND leader Alain de Benoist, and other intellectuals see themselves as a type of Leninist vanguard on the radical right, which borrows from left-wing authors such as Antonio Gramsci and their positions in order to win the metapolitical struggle against ‘dominant’ liberal and left-wing political and cultural elites; and 5) this ‘cultural war’ is intellectually and philosophically sophisticated because it understands the crucial role of culture in destabilizing liberal society and makes use of important philosophers such as Friedrich Nietzsche, Carl Schmitt, Julius Evola and others in order to give credence to its revolutionary, racialist, and anti-liberal ideals. (shrink)

Religion can affect public support for the European Union. However, specifying the circumstances under which religion may become a stronger predictor of EU-support has so far been neglected. This article shows that the media play a role in this process and it is investigated to what extent the presence or absence of references to religious issues in EU news coverage primes people's religious attitudes to contribute to their evaluation of the EU. For this purpose, a content analysis of (...) the amount of religious news items in EU coverage in German and Dutch newspapers between 1997 and 2007 was conducted. Two points in time were chosen — 1998, when only a small amount of religious news items appeared in EU coverage, and 2005, when religious items reached a peak. Eurobarometer data were used to test the media priming proposition. The findings show that an increasing religious dimension in media coverage about the EU primes a linkage between religious and political considerations and thus influences the strength of the impact of religion on attitudes towards the EU. (shrink)

Benefiting from a widely recognised experience of the field of bioethics, the Council of Europe which represents all the democratic countries of Europe, has embarked on the ambitious task of drafting a European Convention on bioethics. The purpose of this text is to set out fundamental values, such as respect for human dignity, free informed consent and non-commercialisation of the human body. In addition to this task, protocols will provide specific standards for the different fields concerned with the application (...) of biomedical sciences. The convention and the first two protocols (human experiments and organ transplants) are due to be ready for signature by mid 1994. (shrink)

The idea of ‘public reason’ has recently been associated with Rousseau’s views on the formation of a general will. Advocates of this idea in the Kantian tradition tend to emphasize reflective acts of rational deliberation which, I suggest, are more suited to written than to spoken language. Rousseau’s accounts of the role of spoken language as a means of expressing human needs and the role of pity in the development of a moral form of reasoning, which allows one properly (...) to take into account the interests of others, show that he cannot be so easily interpreted as an advocate of the idea of public reason. This is because his views on the importance of spoken language in democratic politics and the essential part played by the sentiment of pity in the development of moral reasoning imply the legitimacy of modes of expression in the formation of a general will that are not, in any obvious sense, compatible with the demands of public reason. (shrink)

The primary function of the European Court of Human Rights is to ensure that administrative and judicial processes in member states effectively conform to pan‐European Convention standards (‘constitutional justice’) rather than seeking to provide every deserving applicant with a remedy for a Convention violation (‘individual justice’). But, in order to do so effectively some core elements of the Convention's constitution require more deliberate articulation and more consistent application. In seeking to show how this might be achieved, this article (...) argues that three primary constitutional principles—the judicial protection of Convention rights (the ‘rights’ principle), the democratic pursuit of the public interest (the ‘democracy’ principle), and the principle of priority to rights (the ‘priority’ principle), each exercised according to the rule of law—can be distinguished from a cluster of secondary principles which support them in a variety of ways. An analysis of the Convention's key provisions shows, in particular, how the ‘priority’ principle can, and should, operate to give the Court's decisions greater coherence and constitutional authority. (shrink)

The article discusses the certain features of the constitutional doctrine of human rights developed by the Constitutional Court of Lithuania which were influenced by the jurisprudence of the European Court of Human Rights, the role of the European Convention on Human Rights as a legal source in the system of sources of constitutional law. The intersection of the jurisprudences, which came into being due to different assessments of the legal regulation in cases where the same legal act was (...) recognized by the Constitutional Court being in compliance with the Constitution and the European Court of Human Rights recognized that the application of the said act was a cause of the violation of a certain person’s rights protected by the Convention (or vice versa) is one of the most important questions and raises many theoretical and practical problems. Different assessment of the legal acts made by the European Court of Human Rights with regard to their compliance with the Conventionshould not be regarded as such an essential circumstance which could lead to possible repeated review of such legal act at the Constitutional Court, such intersection of the jurisprudences, should be solved by ordinary courts while following the doctrine that in cases where legal acts contain the legal regulation which competes with that established in the international treaty, the international treaty should be applied. (shrink)

This article broadens understanding of the role that East European intellectuals have played in building foundations for democratic institutions and practices over the past two decades. Drawing on Habermas’ writings on the public sphere, we use interviews conducted with founders of women’s and gender studies centers, professional women’s NGOs and Internet forums to examine the establishment of new micro-contexts for civic engagement and critical debate in Ukraine. Three main types of indigenous feminist micro-public are identified: academic, professional (...) and virtual. Through an analysis of these micro-publics as well as the works of writer Oksana Zabuzhko, we explore the articulation and legitimation of a “national feminist” standpoint that draws upon feminism to criticize populist understandings of national history and civic belonging. We contribute to studies of democratization and transition by suggesting how small groups of critical intellectuals (locally called “tusovky”) acted as microfoundations of civil society. By supporting local engagement with Western critical theory, these small groups helped to create a new infrastructure for engaging intellectuals in the pluralization and diversification of public life. (shrink)

There are not many international consensuses in the governance of biomedicine. One that exists concerns a general reluctance toward a commercialization of organ procurement. However, with reference to the problem of there is an increasingly louder call in ethical and legal discourse to and to establish a debate on financial incentives Other ethicists and jurists criticize this development, and warn of injustice, exploitation of the poor, and a commodification of the human body.

Legislation that authorises controversial organ procurement strategies but ignores respect for autonomy is flawed in principle and predictably unworkable in practiceThe UK Human Tissue Act 2004,1 designed to regulate all activity involving human tissue, organs, or bodies, was introduced in the House of Commons in December 2003, received Royal Assent on 15 November 2004,2 and has been partially implemented by Commencement Orders from April 2005. The new act, which repeals and replaces the Human Tissue Act 1961, the Anatomy Act (...) 1984, and the Human Organ Transplants Act 1989, has its origins in events of serious public concern, namely the retained organs scandals at Bristol Royal Infirmary3 and the Royal Liverpool Childrens’ Hospital.4 The act is correspondingly dominated by regulation of postmortem examinations and retention of human tissue, with consistent emphasis on the need for fully informed consent. Compliance with these requirements is now mandatory with the threat of up to three years’ imprisonment and/or fines for any deviation.The impact of the original proposals within the bill on research and the clinical practice of pathology have been carefully considered and documented,5 with subsequent amendments to ameliorate professional concerns.6 The act, however, also carries significant implications for medical practice in areas where donor recruitment for transplantation can take place, and representations on these aspects during readings of the bill7 have produced neither clarification, justification, nor amendment within the final legislation.Section 43 will make it lawful for hospital authorities “to take steps for the purpose of preserving the part for use for transplantation and to retain the body for that purpose”. The original explanatory notes for the bill8 while it proceeded through parliament implied that such action, prior to consent to transplantation being sought, was then lawful, clause 44 as section 43 …. (shrink)

Background:Moral courage is defined as courage to act according to one’s own ethical values and principles even at the risk of negative consequences for the individual. In a complex nursing practice, ethical considerations are integral. Moral courage is needed throughout nurses’ career.Aim:To analyse graduating nursing students’ moral courage and the factors associated with it in six European countries.Research design:A cross-sectional design, using a structured questionnaire, as part of a larger international ProCompNurse study. In the questionnaire, moral courage was assessed (...) with a single question (visual analogue scale 0–100), the questionnaire also covered several background variables.Participants and research context:The sample comprised graduating nursing students (n = 1796) from all participating countries. To get a comprehensive view about graduating nursing students’ moral courage, the views of nurse managers (n = 538) and patients (n = 1327) from the same units in which the graduating nursing students practised were also explored, with parallel questionnaires.Ethical considerations:Ethical approvals and research permissions were obtained according to national standards in every country and all participants gave their informed consent.Results:The mean of graduating nursing students’ self-assessed moral courage was 77.8 (standard deviation 17.0; on a 0–100 scale), with statistically significant differences between countries. Higher moral courage was associated with many factors, especially the level of professional competence. The managers assessed the graduating nursing students’ moral courage lower (66.5; standard deviation 18.4) and the patients slightly higher (80.6; standard deviation 19.4) than the graduating nursing students themselves.Discussion and conclusions:In all countries, the graduating nursing students’ moral courage was assessed as rather high, with differences between countries and populations. These differences and associations between moral courage and ethics education require further research. (shrink)

The article underlines the significance of social rights as important constitutional rights of a human being and emphasises the peculiarities of their nature from the point of view of not only national, but also international law. The article presents an analysis of the constitutional doctrine of the protection of guarantees of social rights, which has been formulated by the Constitutional Court of the Republic of Lithuania in the course of considering the issues of reduction of social guarantees—pensions and remuneration, which (...) were determined by the economic crisis. In the Constitutional Court’s jurisprudence the personal right to social security has been construed in the most broad and comprehensive terms. The human rights and freedoms enshrined in the Constitution have been treated as constituting an integrated and harmonious system, and social rights have been interpreted not only as certain obligations of the state to the public, which inter alia are determined by the social purpose of the state, but also as a person’s individual rights, for which judicial defence is guaranteed. Such concept of the said rights has also been influenced by international law, inter alia the jurisprudence of the European Court of Human Rights. Social rights, while being an object of regulation of international law, have been forming the European doctrine of guarantees of these rights and have influenced the concept of these rights in national law. The main attention in the article is devoted to the analysis of the doctrine formulated in the Constitutional Court’s jurisprudence in relation to the correction (limitation) of social rights (payment of pensions and remuneration) under the conditions of economic crisis. In the article the period of formation of this doctrine is divided into two stages: the period of 2002–2006, when the Constitutional Court had to decide regarding the compliance of the legal acts whereby social guarantees had been constricted with the Constitution, and which was caused by the consequences of the so-called Russian economic crisis for the economic development of the state of Lithuania; and the period from 2009 to date, during which the Constitutional Court has been forming the constitutional doctrine of limitation of social rights, which was conditioned by the outcomes of the global economic crisis for the economy of the state of Lithuania. The article raises a question as to whether the constitutional doctrine being formed by the Constitutional Court in relation to the limitation of social rights under the conditions of economic crisis may be assessed as an independent one or whether it still remains to be a separate case of limitation of rights within the general doctrine of limitation of human rights. On the basis of the analysis of the Constitutional Court’s jurisprudence, a conclusion is drawn that the criteria established in the Constitutional Court’s doctrine of limitation of social rights under the conditions of economic crisis are even stricter than the universally recognised criteria for the limitation of human rights in the law of human rights, therefore, it is possible to assess the doctrine of limitation of social rights under the conditions of economic crisis, as formulated by the Constitutional Court during 2009–2012, which is the continuation of the previous doctrine, as an independent doctrine, the basis of which, undoubtedly, remains to be formed by the general principles of limitation of human rights recognised in the law of human rights. The article is not only confined to the analysis of the jurisprudence of the Constitutional Court of the Republic of Lithuania, it also provides examples of construction of the doctrine of social rights (inter alia those influenced by the economic crisis) by certain other constitutional courts. (shrink)

"Ever Since This World Began" from Love Dog (Penny-Ante Editions, 2013) by Masha Tupitsyn continent. The audio-essay you've recorded yourself reading for continent. , “Ever Since the World Began,” is a compelling entrance into your new multi-media book, Love Dog (Success and Failure) , because it speaks to the very form of the book itself: vacillating and finding the long way around the question of love by using different genres and media. In your discussion of the face, one of the (...) themes of Love Dog , I think there is something to be said about the surfaces media create and how you constantly manipulate them in your work. This seems important for thinking also about your book LACONIA: 1,200 Tweets on Film ; a book on film written in tweets, interposing already three sets of expectations and pushing the boundaries of each medium's faciality, it's surface tension. In Love Dog , is there another kind of facial interaction? Perhaps the discursive faces of approaching love as topic and love as method? If so, how did/do these intersect for you, do/did they drive the creation of this book? MASHA TUPITSYN With LACONIA and Love Dog , I wanted to pay homage to the work modernism has done on subjective time and chronological time by carrying that experiment over into the digital economy. Because LACONIA is a time-based work of cultural criticism that employs the aphorism to look at 21 st century American culture, it is also an archival work of cultural mourning and memory. And in Love Dog , which is also a work about mourning as it relates to love, I wanted to think with all my senses, and to reflect that in the writing itself by using a multi-media form. LACONIA tackled the sound bite and the promotional image--the everyday language of consumer culture--which often wants to communicate ideological agendas through the repetition of a single image or reductive phrase. I had always been interested in the approaches of artists like Barbara Kruger and Jenny Holzer and essayistic, typographical filmmakers, like Chris Marker and Godard. In both cases, I felt it was important to try to compose a book in which deep—critical—thinking happens in so-called immediate, informal, and disposable contexts. That is, in places where you are either not supposed to be serious or are not required to take things seriously. To me the most intervention is needed in every day instances of culture and representation. In order to do that, I had to utilize and interrogate the very structures I was critiquing. In other words, the writing had to materialize in that live, digital, public space. It couldn’t simply happen at home on a piece of paper or in a word document on my computer that no one could see until it was finished. It had to unfold in real time, amidst everything else. And it had to literally be surrounded by the cultural landscape I wanted to assess. In both LACONIA and Love Dog , I wanted to know how and if we can get away from what we cannot get away from? From which there is no respite. Given this, I don’t think hypertexts can really be called hypertexts anymore. Hypertexts are simply the world today. This is not only the way we read the world now. It is the way the world reads. Likewise, interfaciality, as you put it, works on a number of levels for me, both on and off the page. There is my relation to epistemological and phenomenological surfaces—the screen, the body, the face, the voice, gender; the official story. Then there is the way this dovetails formally, and to which the digital adds yet another dimension. It’s also where sound comes into Love Dog (giving the book a sound; giving tonality to the book’s ideas and feelings). As Anne Carson pointed out in her essay “The Gender of Sound,” the two are connected, and of course so are love and gender. In “Ever Since This World Began,” I wanted to think about the phenomenology of the voice, which is why I visualize the sonic in the book and why in my writing about faces, I look at the tonal aspects (the things a face voices and a voice faces) of a face. This was standard to do when images and faces were “silent” in the silent era. Those images/faces were extraordinarily audible. The greatest screen face, to me, is still Falconetti’s in Dreyer’s The Passion of Joan of Arc . We can hear her face—even though there is no actual sound on screen of her speaking. The internet is a similarly “silent” space where actual voices are lacking. So intertextuality goes with interfaciality. I’ve also talked a lot about how categorization worked when it came to the reception of my first book, Beauty Talk & Monsters . How despite the fact that Beauty Talk is a text that crisscrosses form and content in a variety of ways, not pinpointing its exact genre—choosing one genre over another—only made things worse. Fiction was the category people were most adverse to me using, even though of course there is a lot of fiction in the book. Part of how fiction works in Beauty Talk is in the reader not knowing exactly where the fiction resides. In Godard’s 1967 film, Weekend , for example, everything matters. Everything is political, whether it’s real or imaginary, film or reality. In Weekend , life is not a game and neither is the game a game. The game is really life. Either everything is important or nothing is. But many people want clear answers and demarcations so that they can decide what is important and what is not important. My use of the “I,” subjective criticism, made everything “real” in Beauty Talk . But fiction is in the construction. It is in the blending. This is why I perforate the movie screen and connect the onscreen and the offscreen; the official story and the backstory. Although I don’t think there is a difference between onscreen and offscreen anymore. Nor is there a dialectic. It’s all screen all the time now. Non-fiction, on the other hand, was more tolerated as a moniker. Unlike Love Dog , Beauty Talk wasn’t explicitly or tangibly (what is tangible is a question in all these books) working with digital forms or within this digital economy, so some people resisted the book’s hypertextuality or intertextuality because they couldn’t see its other forms, if that makes sense. It was a problem of invisibility; of how to make something appear (this is where Nietzsche, big presence in Love Dog , comes in—the nature of appearances). Something people don’t necessarily want to see. Some readers couldn’t see the way forms were interfacing in that book. On the surface, Beauty Talk was simply a text about media culture—the domination of entertainment as a mode of being and knowing—and most readers could only see that one side of the book. But as Godard puts it in Wim Wenders’ documentary about the future of cinema, Room 666 , “Films are made, images are made, when there’s no one looking. That’s what the invisible is, that which we don’t see. That’s what the incredible is, that which we don’t see. And cinema shows you that which we don’t see, the incredible.” We are living in the aftermath of narrative and temporal collapse, which means we don’t read or feel in the same way. I began to use digital forms in my writing because I don’t see us as traditional book people anymore. I would add that power also resides in the invisible, in the things we make invisible by making them visible. Or it did for a long time. The new face of power is quickly becoming so-called transparency, which is even more corrupt because even though we now live in a behind-the-scenes culture, and see and know how the mechanisms of power and corruption operate, we still don't change. The world still doesn't change. Finally, another important thing that Godard says in Room 666 that relates to Love Dog is: “I’m here in front of the camera, and yet in my body and in my head, I’m behind it. My world is the imaginary and the imaginary is a journey between forwards and backwards.” This idea of visible/invisible, foresight and hindsight , backwards and forwards is an important dialectic in relation to time and the idea of the destinal. This is why I wanted Love Dog to travel, literally, figuratively, and discursively. You have to be open to not knowing. To epistemological, geographical, chronological, and emotional aporias. In Love Dog my story is both visible and invisible to me. Sometimes I could see where I was going. Other times I was completely in the dark existentially. Truth procedure, which love is, as bell hooks and Badiou tell us, requires expedition and openness to possibility. Unless you want a story you already know, but that is not truth procedure. So I tried to create this backwards and forwards journey in the book—this sense of travel and motion, hope and doubt—by jumping between forms, media, time; traveling to different places, texts, and emotional registers. The book’s “Time-Jump series,” which mostly takes the form of music—songs—but also a series of “green” videos that I shot, is the most obvious tribute to this idea of subjective and chronological time. continent. Your work aligns with writers that play with the form of their language, or have assumed the role of performance artist at some point: Kathy Acker, Chris Kraus, Avital Ronell, and Anne Carson to name a few representing varied approaches that show up in Love Dog . At the risk of ossifying the work, or missing the point—as these experimental modes of writing stack-up in piles of published works, do they approach a genre? MASHA As I noted in my book Life As We Show It , in Chelsea Girls the poet Eileen Myles points out, “You can’t get money without a category.” More importantly, you can’t get a category—or respect, rank—without a clear genre. This makes genre and gender an obvious pair. The two words are even linked etymologically and both genre and gender concern taxonomies of legitimacy—of sorting through what and who is valuable. So the words share common prejudices. The things one does not want to read is often synonymous with who one doesn't want to read about. Therefore a break-up of or with genre is maybe the genre or anti-genre that could be said to link these writers. Avital Ronell breaks up with philosophical tradition and modes of inquiry. Like Nietzsche, she revaluates methods of evaluation, testing out things you are not supposed to use philosophy to test (and, by the same token, testing philosophy in ways it’s not supposed to be tested), like drugs and stupidity—where philosophy fails and we fail philosophy. And Chris Kraus does something similar in her experimental fiction, using different forms to put female subjectivity “to the test,” so to speak. All these female writers and thinkers have tried to destabilize the systems that have been set up in (and against) writing. Thus missing the mark with genre, even intentionally, means that we have missed the point in some sense as writers and thinkers. And that to me is a good thing, however difficult. We’ve started at the wrong point and gone somewhere else instead. We’ve acknowledged that writing and thinking are also about failure, and that failure is always embedded in the act of writing and in our reasons for writing. So that missing the point is also the point. Derrida insisted: “We must invent a name for those ‘critical’ inventions which belong to literature while deforming its limits.” But how can you give something that resists and deforms, a name? Wouldn’t the name also be deformed? Isn't this why the aforementioned writers get hyphenated descriptors like ficto-criticism? Do we need a proper name to be able to read something carefully? I don’t think so. I don’t need it as a reader. I’ve always taken a work on its own terms. But for most people, if you don’t have an address, people don’t know how to find you. A lot of time, they won’t even know how to look. And in some cases, they’ll think you’re not even worth finding. You are not on the map because you have to literally make the map in order to exist. In her essay, “The Gender of Sound” Carson asks, “Why is female sound bad to hear?” I think for the same reason something uncategorizable (pedagogically, creatively, racially, and sexually)—Other—is hard to read. *For an audio recording of Florida , read by Masha Tupitsyn click here . continent. : We're also curious to hear know how you see the significance of 'performance' (and why the label sticks to the shoes of these authors like toilet paper) in describing this kind of writing work? MASHA I think I responded to the parenthetical portion of this question in my previous answer. As far as how performance relates to Love Dog , in Acker’s Don Quixote , which is another big presence in the book, she writes, “there is no other reality than anthropomorphism.” In Don Quixote , the dog is human and the human is dog. Which brings us to the title of Love Dog and the totemic function of the dog in the book: giving human things animal characteristics and animal things human characteristics. Rather than investing all our human love ideals into dogs, which we do constantly as a culture of dog lovers, I wanted to put the dog into love. It is the difference between the consumption of love as a patriarchal institution or status position and the essence of a type of radical and liberatory relation that would benefit humans in their bonds with other humans. So the dog in Love Dog is not simply the book’s cover or performative affect, so to speak. Love has always needed the dog, which is why the dog is the very embodiment of belief in love . Recall Argos The Great Dog and Odysseus. Argos is the only one who remembers and recognizes the ragged and old Odysseus even after his 20-year absence. So love is the high ideal and the dog, both common and dependable, is the bridge between the sacred and the profane. The dog is the house of love. And because Love Dog is a digital project, it seemed impossible to think about the post-human, technology, the virtual, or difference (which Badiou says is essential to love in In Praise of Love ) without thinking about animal-being and being-animal. Instead of simply “performing” these ideas and characteristics as literary affects, I’m interested in being-becoming. Which means the book’s tropes, leitmotifs, series, and even its titles are in service of that truth procedure. In other words, I actually want to live this way, not just write this way. And, more importantly, I want to live this way not just think this way. So Love Dog became both my totem animal and my autobiographical animal. This made the book organic, anthropomorphic—beyond literary. See the trailer to Masha Tupitsyn's new book available now from Penny Ante Editions. (shrink)

This paper looks at rescue-at-sea practices and their aftermath as portrayed in a number of European films. In this World, Malta Radio, Bon Voyage, Welcome, Terraferma, 4.1 Miles and Man at Sea address maritime migration, States’ omission in complying with their international obligations, and how the latter obliges individuals to make difficult choices against the backdrop of the law of the sea. The focus of these stories is on the saviours and their conflicts of interests while migrants are allocated (...) a secondary role and one in which they are usually portrayed as victims. Although this is in line with the humanitarian response that these films primarily seek to trigger, it deprives migrants of their rights. As victims, migrants are at the mercy of saviours and rescuing them or not is an act of compassion, and not one legally compulsory. The paper finally argues that a holistic rights-based approach to the migration challenge is needed, with equality as the key word. (shrink)

Within the Irish government there is a discussion regarding the possibility of limiting the legal protection afforded to the confessional secret. This paper addresses the question of whether this suggestion, if it were to be implemented by the legislature, would be compatible with the right to religious freedom under Article 9 of the European Convention on Human Rights (ECHR). This text will also highlight the role of the confessional secret in canon law and the protection of it under German (...) law. Catholic priests, should this plan that is currently under discussion be implemented, were obliged to disclose the knowledge gained in confession to law enforcement authorities. The canonical consequence of such a breach of the confessional secret would be excommunication. In such cases priests therefore would only have the choice between breaking the law (which would probably also be punishable under criminal law) and excommunication, with all the resulting disadvantages. In this paper, the canonical law rules regarding confession are presented before the provisions relating to the confessional secret in § 53 para. 1 No. 1 of the Code of Criminal Procedure, § 383 para. 1 No. 4 of the Code of Civil Procedure and § 139 para. 2 of the Criminal Code are discussed. Specifically, the question is raised as to whether a duty of priests to co-operate with the law enforcement authorities may be established by law. Here in particular the protection of the confessional secret under the protection of freedom of religion under Article 9 of the European Convention on Human Rights will be discussed. It has to be noted however that the protection afforded by Article 9 of the European Convention on Human Rights extends far less than the scope of § 53 para. 1 No. 1 of the Code of Criminal Procedure, § 129 para. 2 of the Criminal Code and § 383 para. 1 No. 4 of the Code of Civil Procedure, as Art. 9 ECHR only protects the confessional secret as far as it is required from a religious point of view, but not a general pastoral secret. The article then includes a discussion on the limitations of Article 9 ECHR. Limitations of Article 9(1) ECHR on religious freedom under Article 9(2) ECHR are only permitted if they are prescribed by law and necessary in a democratic society for the protection of public order, health, morals or the rights of others. This is discussed against the background of the legislative goal of more effective law enforcement. As a result, a limitation of the protection of confessional secret through normal (sub-constitutional, domestic) laws, despite the understandable goal of more effective law enforcement, is not compatible with Article 9 of the ECHR. (shrink)

The right to ‘domestic remedies’, which ideally connects ‘subsidiarity’ and ‘embeddedness’ of the ECHR in the legal systems of member States, is deemed to play a crucial role for the Strasbourg machinery survival as well as for an effective protection of human rights, especially in the field of the ‘reasonable-time’ requirement. In this respect the Italian case seems an excellent test. Once a compensatory remedy was introduced in the Italian legal system by Law No. 80 of 2001 (the ‘Pinto Act’), (...) it soon appeared that such a remedy could be considered ‘effective’ in so far as it was implemented in accordance with the ECtHR’s jurisprudence. Therefore a legal tool for the interaction between ECtHR and Italian courts had to be found. Nevertheless, the results of this interaction might suggest that the domestic remedy has neither increased the protection of the reasonable-time requirement in Italy nor is it the final solution to the ECtHR’s overload. (shrink)

This volume presents the proceedings from the Eleventh Brazilian Logic Conference on Mathematical Logic held by the Brazilian Logic Society in Salvador, Bahia, Brazil. The conference and the volume are dedicated to the memory of professor Mario Tourasse Teixeira, an educator and researcher who contributed to the formation of several generations of Brazilian logicians. Contributions were made from leading Brazilian logicians and their Latin-American and European colleagues. All papers were selected by a careful refereeing processs and were revised and (...) updated by their authors for publication in this volume. There are three sections: Advances in Logic, Advances in Theoretical Computer Science, and Advances in Philosophical Logic. Well-known specialists present original research on several aspects of model theory, proof theory, algebraic logic, category theory, connections between logic and computer science, and topics of philosophical logic of current interest. Topics interweave proof-theoretical, semantical, foundational, and philosophical aspects with algorithmic and algebraic views, offering lively high-level research results. (shrink)

Since 9/11 the European Court of Human Rights (the European Court) has raised anew the question of the relationship between religion and public education. In its reasoning, the European Court has had to consider competing normative accounts of the secular, either to accept or deny claims to religious liberty within Europe's public education system. This article argues that the trajectory on which the term 'secularism' had been used by the European Court pointed increasingly towards (...) secular fundamentalism. This study is located at the cutting edge of religion, education and the law and builds on previous work in the field (Arthur, 1998, 2008). It examines, through extensive research of legal cases, the most important developments of the usage of secular and secular education in modern discourse and explores the background to these concepts. Unless otherwise stated, religion in this article shall refer to the Christian tradition because Christianity has been the historical context for the development of the concept of 'secular' in Europe. The paper outlines three models of secular education before moving on to scrutinise how the European Court has understood and evaluated various legal cases before it on the interaction between secular States, public education and notions of religious symbolism and influence. The paper will discuss the significance of the European Court's reasoning and decisions for public education within a secular State context and offer some conclusions on the implications of these decisions. It examines the legal principles that underpin the European Court's supervision of the State's role in the provision of education. It focuses on the chimeric goal of neutrality and highlights the risks attached to the use of an ideological conception of secularism that could lead potentially to the complete removal of the religious as a vital cultural and intellectual dimension of public education. (shrink)

Organ donation after cessation of circulation and respiration, both controlled and uncontrolled, has been proposed by the Institute of Medicine as a way to increase opportunities for organ procurement. Despite claims to the contrary, both forms of controlled and uncontrolled donation after cardiac death raise significant ethical and legal issues. Identified causes for concern include absence of agreement on criteria for the declaration of death, nonexistence of universal guidelines for duration before stopping resuscitation efforts and techniques, and assumption of (...) presumed intent to donate for the purpose of initiating temporary organ-preservation interventions when no expressed consent to donate is present. From a legal point of view, not having scientifically valid criteria of cessation of circulation and respiration for declaring death could lead to a conclusion that organ procurement itself is the proximate cause of death. Although the revised Uniform Anatomical Gift Act of 2006 provides broad immunity to those involved in organ-procurement activities, courts have yet to provide an opinion on whether persons can be held liable for injuries arising from the determination of death itself. Preserving organs in uncontrolled donation after cardiac death requires the administration of life-support systems such as extracorporeal membrane oxygenation. These life-support systems can lead to return of signs of life that, in turn, have to be deliberately suppressed by the administration of pharmacological agents. Finally, allowing temporary organ-preservation interventions without expressed consent is inherently a violation of the principle of respect for a person's autonomy. Proponents of organ donation from uncontrolled donation after cardiac death, on the other hand, claim that these nonconsensual interventions enhance respect for autonomy by allowing people, through surrogate decision making, to execute their right to donate organs. However, the lack of transparency and the absence of protection of individual autonomy, for the sake of maximizing procurement opportunities, have placed the current organ-donation system of opting-in in great jeopardy. Equally as important, current policies enabling and enhancing organ procurement practices, pose challenges to the constitutional rights of individuals in a pluralistic society as these policies are founded on flawed medical standards for declaring death. (shrink)

The state regulates the way in which social power is exercised. It sometimes permits, enables, constrains, forbids how we may touch others, make offers, draw up contracts, use, alter, possess and destroy things that matter to people, manipulate, induce weakness of the will, coerce, engage in physical force, persuade, selectively divulge information, lie, enchant, coax, convince, … In each of these cases, we (sometimes unintentionally) get others to act in ways that serve our interests. Which such exercises of power should (...) the state forbid? Which should it permit? An intuitively appealing way to answer this question is, with Ripstein and Kant, to point to the role of freedom: exercises of social power can be legitimately prohibited when (and only when) they restrict people's freedom. But this raises a further question: How do we identify when such exercises of power make people unfree in the relevant sense? Ripstein, in defending Kant, draws a crucial distinction between actions that subject others’ wills to our choices (and which it would therefore be presumptively legitimate for the state to forbid) and actions that merely affect the contexts in which others act (and which it would therefore be presumptively illegitimate for the state to forbid). I query that distinction, and argue that the idea of independence cannot bear, on its own, the weight it is expected to bear within the Kantian framework. (shrink)

Algorithmic technologies and artificial intelligence are centred on data and generate new business models, known as the data-driven economy. In the European Union context, the development of such new business is accompanied by a regulatory and political framework. An important aspect of this regulatory framework regards the legal conditions that enable the data collection, availability, sharing, use and reuse. Within the larger context, this article analyses the development of the European Union regulatory framework governing the availability, sharing and (...) reuse of public sector data, also referred to as Public Sector Information policy. Anchored in the analytical tools provided by Discursive Institutionalism and Critical Data Studies and after studying the evolution of this policy over 25 years, this article argues that economic considerations have been overwhelmingly decisive in the European Union Public Sector Information policy and much less attention has been paid to fundamental rights and democracy issues. It also shows how European Union Public Sector Information policy contributes to the data infrastructure, enabling a thriving data-driven economy. In doing so, this article argues that the possible problematic effects of this new data-driven economy are not only affordances of the technology itself but are also the result of political and regulatory choices. More globally, the article stresses the need for policymakers to inscribe each of the policies and regulations affecting the digital transformation in the framework of fundamental rights and democracy. (shrink)

Background: For many years, studies have shown that the results of clinical trials are often published or reported selectively with a statistically significant bias in favour of positive trial results. Trial registration as a precondition for publication had only limited effects on current practice. Results of trials which were approved by research ethics committees are often published only partially, with a substantial time lag or not at all. This study examined existing procedures of RECs in the European Union to (...) monitor and prevent incomplete registration of trials and selective reporting of trial results. It further investigated opinions of REC members about the need to update current legislation on this matter. Methods: Web-based survey on members of RECs in 22 European countries. Results: Over 90 percent of respondents agreed that the incomplete publication of trial results had a strong or somewhat negative impact on public health and on healthcare professionals’ trust in the validity of clinical research, yet only 30 percent reported that their REC had some mechanism in place to check that findings of approved studies are published in some form. Less than 10 percent stated that their REC has further specific procedures in place to prevent or minimize selective reporting of study results. Respondents stated variously that their REC did not have the resources to follow up on this matter. Conclusions: The existing legislation to regulate trial registration and encourage complete publication of trial results leaves room for improvement. REC members welcome guidelines to adequately address both problems. The new Regulation EU No. 536/2014 as well as the FDA Amendment Act from 2007 require the reporting of summary results within 1 year after study end. As recent reviews demonstrated, without any systematic approach to monitor the adherence to these regulations, publication rates remain rather low. (shrink)

The central question of this article is how to deal (both theoretically and empirically) with the notion of the public sphere with reference to the EU. First the literature on the European public sphere is examined in order to disentangle various assumptions underlying the definition of the concept. Then, the concept of the public sphere is opened up by focusing on `public discourse' instead. Following from this change in perspective, a different model is sketched that (...) can be used to make sense of the public debate held in European media. Finally, the proposed approach is illustrated by applying it to the discourse developed on the issue of the EU enlargement in four weekly magazines, namely Cambio 16 (Spanish), Elsevier (Dutch), the New Statesman (British), and der Spiegel (German). (shrink)

Biobanks correspond to different situations: research and technological development, medical diagnosis or therapeutic activities. Their status is not clearly defined. We aimed to investigate human biobanking in Europe, particularly in relation to organisational, economic and ethical issues in various national contexts. Data from a survey in six EU countries were collected as part of a European Research Project examining human and non-human biobanking. A total of 147 institutions concerned with biobanking of human samples and data were investigated by questionnaires (...) and interviews. Most institutions surveyed belong to the public or private non-profit-making sectors, which have a key role in biobanking. This activity is increasing in all countries because few samples are discarded and genetic research is proliferating. Collections vary in size, many being small and only a few very large. Their purpose is often research, or research and healthcare, mostly in the context of disease studies. A specific budget is very rarely allocated to biobanking and costs are not often evaluated. Samples are usually provided free of charge and gifts and exchanges are the common rule. Good practice guidelines are generally followed and quality controls are performed but quality procedures are not always clearly explained. Associated data are usually computerised. Biobankers generally favour centralisation of data rather than of samples. Legal and ethical harmonisation within Europe is considered likely to facilitate international collaboration. We propose a series of recommendations and suggestions arising from the EUROGENBANK project. (shrink)

Through an analysis of the European Court of Human Rights’ decisions concerning the practice of veiling, this article problematises the semiotics-architectural structure of article 9 of the European Convention of Human Rights (Freedom of thought, conscience and religion), questioning which representation of the human and the female subject is recognised and therefore protected by secular/liberal and Human Rights law. It argues that the semiotics-architectural structure of article 9, which is based on the distinction between faith and its manifestation, (...) not only relies on a particular ontological understanding of the religious subject as well as a specific notion of religion, but it also reveals a distinct relationship between the individual and sovereign power through the division between the public and the private spheres. In light of this, the western debate surrounding the women’s veiling overlooks how liberal secularism perceives and defines the religious and legal gendered subject in the modern world, and how this understanding is embedded in and reproduced through the law, which emerges as an instrument for regulating minority religious communities. (shrink)

It is widely thought that if one cannot effect outcomes without others’ assistance, then one has agential power to effect those outcomes only if one has power over those whose assistance one requires. The corollary is that someone who just happens to find herself amongst people who share her preferences and would be disposed to help effect her preferred outcomes, but over whom she has no power, is lucky, but not thereby more powerful. This view is false. It ignores the (...) independent force of the power of numbers: the agential social power enjoyed by someone who finds herself amongst others disposed to act in concert with her, even if she has no power over them. The power of numbers is the power one may have in virtue of one’s position in social structures that shape preferences. It is the power enjoyed by members of persistent majorities. It is the power of whites in European and European-settler societies in virtue of their position in these societies’ racial structures. Sure, those with numbers on their side are lucky; but that’s just to say they are lucky to be powerful. (shrink)

In response to recent debates on the need to abandon the Dead Donor Rule (DDR) to facilitate vital-organ transplantation, I claim that, through a detailed philosophical analysis of the Uniform Determination of Death Act (UDDA) and the DDR, some acts that seem to violate DDR in fact do not, thus DDR can be upheld. The paper consists of two parts. First, standard apparatuses of the philosophy of language, such as sense, referent, truth condition, and definite description are employed to show (...) that there exists an internally consistent and coherent interpretation of UDDA which resolves the Reduction Problem and the Ambiguity Problem that allegedly threaten the UDDA framework, and as a corollary, the practice of Donation after the Circulatory Determination of Death (DCDD) does not violate DDR. Second, an interpretation of the DDR, termed ‘No Hastening Death Rule’ (NHDR), is formulated so that, given that autonomy and non-maleficence principles are observed, the waiting time for organ procurement can be further shortened without DDR being violated. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Thomas Abbt and the Formation of an Enlightened German “Public”Benjamin W. RedekopScholarly interest in the emergence of a “public sphere” and “public opinion” in eighteenth-century Europe remains strong, and with good reason. The ideological construct of a modern public in Europe “was a characteristic product of the Enlightenment, and it marked one of the critical zones of intersection between Enlightenment discourse and a broad range (...) of socio-economic and institutional changes.” 1 Analysis of the emerging figure of “the public” helps illuminate the relationship between intellectual and material culture, between “Enlightenment” and society. The recognition of the constitutive nature of language and its role in the interplay between “meaning” and “experience” 2 lead one to take seriously terms like “the public” and “public opinion” as important links between linguistic and social domains. Text and context merge into one as social entities like “the public” become rhetorical ones, and vice-versa.Keith Baker, for example, resolves the contextual dimension of “public opinion” in France into the textual one, whereby it emerges as a “rhetorical figure” or “political invention” in the latter decades of the eighteenth century. 3 Others stay closer to the social domain, including the salons of Paris, to look for the emergence of the notion of rational public opinion. 4 Taken together, these are two sides of the same coin—an emerging sphere of “public” discourse carried on by “private” individuals, and a more private sphere in which public discursivity was nurtured. 5 [End Page 81]In this article I explore these themes in a German context, focusing on the writings of Thomas Abbt (1738–66) as an attempt to grapple with the exigencies of German social and intellectual life in a novel fashion. Making use of a variety of European sourc es, Abbt—an academic with broad interests—strove in On Dying for the Fatherland (1761), On Merit (1765), and in his contributions to the seminal journal Letters Concerning the Newest Literature to conceptualize and to create a sense of citizenship and the “common good” which cut across the various divisions of German society, uniting all orders into a greater and harmonious whole or Publikum (public). The written word was the primary vehicle available for this simultaneous mo vement of enlightenment and socio-political formation, and Abbt’s works represent an early attempt to inscribe a public sphere—to create a space in which it became possible for individuals to think, talk, and act in reference to a larger socio-political whole. While Prussian patriotism was behind his initial foray into the topic of the public sphere in On Dying for the Fatherland, Abbt’s On Merit reveals an expansion in perspective, and with it the emergence of “the public” as a moral and s ocio-political point of reference. There is a good degree of continuity, however, between the two works, concerned as they are with overcoming the basic German problem of a fragmented public sphere with enlightened arguments designed to lead readers to lo cate themselves and their well-being in an enlarged societal frame.While at least one commentator has argued that Abbt was seeking to write for the common German Volk, 6 his primary audience was clearly that of the middling and higher orders. 7 The general problem Abbt addressed, however, was that of reconciling Enlightenment and reform with the entire spectrum of German society. This entailed the exploration of new, informal, and inclusive terms and modes of address: an available term was “the public,” and the mode of address a writing style which transformed ancient forms of public oratory into text—the public speaker became, under modern circumstances, the public writer.It is in this sense that Abbt was original and influential. Johann Gottfried Herder, Friedrich Nicolai, Moses Mendelssohn, J. G. Zimmerman, Friedrich Schiller, and others were moved in one way or another by Abbt’s writings. 8 [End Page 82] Herder in particular was stimulated by Abbt’s works, and Herder’s project was informed by the same kinds of socio-political concerns outlined here in relation to Abbt. 9 G. E. Lessing’s work also reflected a concern with the formation of a broader Publikum, as he mediated... (shrink)

Introduction The paradigm shift to a knowledge‐based economy has incremented the use of personal information applied to health‐related activities, such as biomedical research, innovation, and commercial initiatives. The convergence of science, technology, communication and data technologies has given rise to the application of big data to health; for example through eHealth, human databases and biobanks. Methods In light of these changes, we enquire about the value of personal data and its appropriate use. In order to illustrate the complex ground on (...) which big data applied to health develops, we analyse the current situation of the European Union and two cases: the Catalan VISC+/PADRIS and the UK Biobank, as perspectives. Discussion and conclusions Personal health‐related data in the context of the European Union is being increasingly used for big data projects under diverse schemes. There, public and private sectors participate distinctively or jointly, pursuing very different goals which may conflict with individual rights, notably privacy. Given that, this paper advocates for stopping the unjustified accumulation and commercialisation of personal data, protecting the interests of citizens and building appropriate frameworks to govern big data projects for health. A core tool for achieving such goals is to develop consent mechanisms which allow truly informed but adaptable consent, conjugated with the engagement of donors, participants and society. (shrink)

Purpose: The primary objective of this study was to determine the role of church in state and public affairs during the Kibaki Era, 2002-2013Methodology: The methodology employed in this study was qualitative in nature. The study relied mainly on the analysis of an existing dataset from secondary sources. The data was gathered from technical reports, scholarly journals, reference books, past sermons, church publications, official and unofficial doctrine, theologies and from the Kenya National Archives in Nairobi. Other sources of data (...) collection for the study included official statistics collected by government and the various agencies, bureaus and departments. The target population for this study was the mainland churches in Kenya and the role these churches played in state and public affairs in Kenya between 2002 and 2007.Results: The Kibaki era has been characterized by many an events that have attracted by far and wide the attention of the clergy. In 2005, the most significant development of the 2005 constitutional referendum is not the defeat of the draft, but the emergence of strains and tensions not just between Christians and Muslims, but also between church and state. Another significant development was the fact that the mainline clergy were increasingly viewed as partisan and divided along ethnic lines and serving narrow political interest depending on the ethnic group to which its leaders belonged. The prophetic role and voice of the church to act as the conscience of society was lost, and the church did nothing to evaluate its own role even after the people voted to soundly reject the draft constitution.Unique contribution to Theory, Practice and Policy: The study recommended that the government should put in place laws that would involve the church in government matters. This can be done by introducing motions into parliament that advocate for the direct involvement of the church. This would involve laws which ensure that a portion of all members sitting in any committee represents the church. This can also be done by the introduction of electoral posts for church representatives just as there are positions for women representatives. The study also recommends that amendments be made to the constitution to make a legal requirement that one of the nominated MPs must be from the church. (shrink)

Various special investigative methods are more often applied nowadays; their use is unavoidably induced by today’s reality in combating organised crime in the spheres such as corruption, prostitution, drug trafficking, trafficking in persons, money counterfeit and etc. Therefore, special secret investigative methods are more often used and they are very effective in gathering evidence for the purpose of detecting and investigating very well-organised or latent crimes. Both the Convention on the Protection on Human Rights and Fundamental Freedoms itself, i.e. its (...) Article 6, and other international instruments, such as the Council of Europe’s Criminal Law Convention, the Council of Europe’s Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and others, do not prohibit the use of special investigative methods, provided that their use does not violate human rights. The use of special investigative methods, such as undercover agents or other undercover investigative methods, cannot in itself infringe human rights and the right to a fair trial; however, its use must have clear limits and safeguards. The recent judgements of the European Court of Human Rights regarding the use of undercover agents confirm that the use of undercover agents in certain types of cases is often unavoidable and also very problematic, because the Court imposes on the member states of the Convention increasingly wider obligations. Partly this is determined by the fact that the current jurisprudence of the Court is still in the state of formation, therefore many questions are left unanswered. (shrink)

The pandemic and subsequent wave of lockdowns in many countries led to a massive increase in TikTok users globally, boosting the platform’s public significance. Even if TikTok’s political potential is already established, the platform still lacks a theoretical underpinning as a space for action. Using both a political-philosophical as well as a techno-philosophical perspective, I seek to discuss and substantiate TikTok’s potential as a public realm that enables political action. Due to the unique algorithmic logic of this app, (...) I argue that users are acting-with the algorithm when engaging in political action from home: be it in the form of national political protest or international acts of care and empowerment. I base my analysis on philosophical theory, cross-disciplinary TikTok research, and my own experiences on TikTok during the pandemic years. (shrink)

Advancements in scientific research and technological development influence the practice of organ donation and organ transplantation. Many SRTD governance discourses put forward the need for multi-stakeholder engagements. We posit that staff employed by organ procurement organizations have a stake in the discussions around SRTD applicable to ODOT because SRTD is one factor that shapes ODOT and because staff are involved in ODOT education and awareness raising while acting as a nexus between donors and the public. Therefore, we performed (...) a content analysis of eight semi-structured in-depth interviews with staff of one Canadian organ procurement organization to ascertain the views that staff had on the use of SRTD in ODOT in general; specific SRTD envisioned to be used in the future in ODOT namely xenotransplantation, embryonic and non-embryonic stem cells, cloning, bionic/artificial organs, and 3-D printed organs; and the emerging ability of SRTD applicable in ODOT to enhance bodily abilities beyond the normal. We found that staff had views on the topics covered in this study, and staff acknowledged that they do not possess sufficient knowledge to be able to engage meaningfully in governance discussions of the SRTD covered and to educate others on these SRTDs. We recommend implementing continuous education for the staff on SRTD envisioned to be applied in ODOT as a capacity-building measure to enable their participation in the governance discussions of these SRTDs and to enhance their ability to educate others on ODOT applicable SRTD. (shrink)

The key role played by online platforms in the neo-intermediation of the public debate requires a review of current tools for mapping the digital information ecosystem, highlighting the political nature of such an analysis: Starting from a synoptic overview of the main models of platform governance, we try to understand whether the ongoing European shift towards the Limited Government Regulation (LGR) model will be able to counterbalance the “systemic opinion power” of the giant platforms and restore the “health” (...) of the digital information ecosystem. A close analysis of the European Digital Services Act (DSA) has highlighted some limitations in achieving its goals, because of the features of the LGR on the one hand, and the disruptive features of the algorithmic neo-intermediation phenomenon on the other. Thus, we suggest a tripartite regulatory model, that can be defined as “neo-editorial accountability.” However, increasing users’ critical algorithmic awareness is an essential prerequisite for implementing the suggested template, and mitigating an outstanding effect of the LGR model: the normalization of the ideological assumptions underlying informational capitalism. (shrink)

In this paper, we summarize the various impacts of incarceration with the aim of providing an overview of the ways mass incarceration affects society. In doing so, we look inside the black box of the largest penal experiment in world history: the quintupling of the prison population in the United States between 1973 and 2006. The question is, "What have been the social consequences of our incarceration policy?"One objective is to provide insight into what might be called the prison policy (...) paradox, namely, that a 500% generation_long growth in imprisonment has had little impact on crime. Answers are provided by looking inside the black box of penal policy and by identifying the various ways incarceration leads to social outcomes that are associated with public safety. The paper considers the problem of "public safety," because safety is a broader concept than crime. Though a desire for public safety includes a desire for low rates of crime, public safety connotes a more profound interest we have to live in a society where we feel secure pursuing our personal goals and fulfilling our life desires Using public safety as our criteria enables us to consider the ways incarceration affects our quality_of_life, especially through the way incarceration affects the informal social relations that promote the kind of profound social control that is a foundation for a sense of feeling safe.Three types of effects are described. Positive effects are those that improve public safety, negative effects reduce public safety, and "ambivalent" effects have the capacity to be both positive and negative. Five levels of social impacts on public safety are assessed:o Effects on individuals that change the way people act;o Effects on intimate relationships such as those with families and other loved ones;o Effects on social relationships that are felt as community_level outcomes;o Effects on institutions such as labor markets and the political economy;o Effects on democracy or social justice.Thus, the purpose of this paper is to summarize what is known, empirically and experientially, about the positive and negative ways incarceration affects levels of social expression. (shrink)

There is a lack of published evidence which demonstrates the impacts of public engagement in science and technology policy. This might represent the failure of PE to achieve policy impacts or indicate a lack of effective procedures for discerning the uptake by policy makers of PE-derived outputs. While efforts have been made to identify and categorize different types of policy impact, research has rarely attempted to link policy impact with PE procedures, political procedures, or the connections between them. In (...) this article, we propose a simple conceptual model to capture this information, based on semistructured interviews with both policy makers and PE practitioners. A range of criteria are identified to increase the policy impact of PE. The role of PE practitioners in realizing impacts through their interactions with policy makers in the informal “in-between” spaces of public engagement is emphasized. However, the potential contradictions between the pursuit of policy impacts and the more traditional conceptualizations of PE effectiveness are discussed. The main barrier to the identification of policy impacts from PE may lie within policy processes themselves. Political institutions have responsibility to establish formalized procedures for monitoring the uptake and use of evidence from PE in their decision-making processes. (shrink)

Histories of Britain and Ireland are still often written as if cultural and political influences were limited by national or insular boundaries. This article offers a broader perspective by tracing the impact of events, parallels and ideas from continental Europe on British opinion and policy towards Ireland since 1848. It demonstrates that these European influences have often been more threaded and complex than is commonly assumed, and that to review transnational connections can be to illustrate neglected possibilities and to (...) liberate repressed historical potential. Indeed, the role of European referents in political discourse towards the contemporary Northern Ireland conflict retains considerable ambiguity and room for political manoeuvre. (shrink)