Can platforms close the governance gap in the sharing economy, and if so, how? Through an in-depth qualitative case study, we analyze the process by which new regulation and self-regulation emerge in one sector of the sharing economy, crowdfunding, through the actions of a meta-organization. We focus on the principal French sectoral meta-organization, Financement Participatif France. We show that this multi-stakeholder meta-organization not only closed the governance gap through collective legal, ethical, and utilitarian work but also preceded and shaped the (...) new market. We present a hybrid governance approach combining soft multi-agency regulation, self-regulation through a process of “partial meta-organizing”, and direct civil society participation. We expand the literature by highlighting features of platforms’ partial meta-organizing and by identifying conditions for successful joint regulation and self-regulation of the sector. (shrink)

Despite growing awareness around human impacts on marine ecosystems, little action is taken to reduce the negative effects of organizations on the ocean, thus increasing risks of global collapse. In this paper, I argue that organizations act as systems of ocean destruction, and I explore how to operate a shift to organizations as systems of ocean conservation and thriving, enabling human–ocean socio‐ecological coviability. To do so, I analyze the organizational affordances of the ocean: incommensurability, open access and complex property regimes, (...) structural domination by humans and land, perceived inexhaustibility, and cognitive distance. Then, based on the transdisciplinary analysis of mechanisms of ocean destruction, I discuss the constitution of ocean negative commons and the ruining of the ocean. Lastly, based on four drivers (technology and innovation, consumption, marginalization and social orders), I suggest alternative organizing principles that might allow to manage these commons and to transform organizations to achieve socio‐ecological coviability with the ocean: degrowth, total responsibility, full cost allocation, ocean equity, and adaptive, place‐based co‐management. (shrink)

Théodule Ribot est l’un des premiers à penser les rapports entre mémoire et émotions. Au sein de ce qu’il appelle la « mémoire affective », il décèle une mémoire spécifique des émotions. Il s’ensuit un débat sur l’existence, la définition et le contenu de cette mémoire. Après les propositions initiales de Ribot, on observe l’émergence progressive d’un consensus : même s’il est possible de distinguer la mémoire affective de la mémoire intellectuelle, tout souvenir présente à des degrés variables des éléments (...) intellectuels et des éléments affectifs. Si, dans le cadre académique, ces débats sont tombés dans l’oubli, on peut établir une continuité conceptuelle avec la recherche scientifique actuelle, qui gagnerait à relire cette littérature centenaire. (shrink)

In this paper, I suggest that, if we are committed to accepting a threshold approach to personhood, according to which all beings above the threshold are persons with equal moral status, there are strong reasons to also recognise a second threshold that would be reached through human pregnancy, and that would confer on pregnant women a temporary superior moral status. This proposal is not based on the moral status of the fetus, but on the moral status of the pregnant woman. (...) It is not only the fetus which is an organism sui generis: the pregnant woman, also, is a unique being. Following almost any view on the moral status of the fetus, the pregnant woman should be regarded, herself, as more than a singular individual. She is, herself, ‘more than one’. Pregnant women are also necessary for the continued survival of the human species, and there are important justice-based reasons to recognise the higher status. Furthermore, the recognition of a superior moral status for pregnant women does not imply that pregnancy should always be viewed as desirable, or imply any position on the permissibility of abortion. My proposal is not as radical as it might seem, as it does not require that pregnant women should always receive superior treatment, but only that they should to some extent. It could have a range of potential positive practical consequences. Finally, my approach does not threaten, but rather promotes, human equality. (shrink)

This article will review reasons why it is argued that the law on abortion on the grounds of disability is discriminatory, as well as recent unsuccessful attempts to address this discrimination in the law. These attempts include ones which would have moderately restricted access to abortion in certain limited cases, and another that might have opened to door to a number of different possibilities, including both to options that could have restricted access to abortion, and to other options that might (...) have increased access. Finally, this article will also examine reasons why some of the most important challenges surrounding disability equality cannot be sufficiently addressed through legal change alone. While there are strong reasons to support some form of change in the law, a more foundational change in values is necessary if we want to live in a more ethical society that is truly capable of welcoming disabled children. (shrink)

Beyond geometry : Leibniz and the science of law -- The force of law : will -- Leibniz's systema iuris -- From the gesetzbuch to the landrecht : the ALR and the triumph of legality -- The rule of law : the Crown Prince lectures and the grounding of legality in order and security -- From reason to history : Savigny's system and the rise of social legal science -- The Bürgerliches Gesetzbuch (BGB) of 1900 : positive legal science and (...) the end of justice. (shrink)

This article will review reasons why it is argued that the law on abortion on the grounds of disability is discriminatory, as well as recent unsuccessful attempts to address this discrimination in the law. These attempts include ones which would have moderately restricted access to abortion in certain limited cases, and another that might have opened to door to a number of different possibilities, including both to options that could have restricted access to abortion, and to other options that might (...) have increased access. Finally, this article will also examine reasons why some of the most important challenges surrounding disability equality cannot be sufficiently addressed through legal change alone. While there are strong reasons to support some form of change in the law, a more foundational change in values is necessary if we want to live in a more ethical society that is truly capable of welcoming disabled children. (shrink)

The past decade has witnessed escalating legal and ethical challenges to the diagnosis of death by neurologic criteria. The legal tactic of demanding consent for the apnea test, if successful, can halt the DNC. However, US law is currently unsettled and inconsistent in this matter. Consent has been required in several trial cases in Montana and Kansas but not in Virginia and Nevada. In this paper, we analyze and evaluate the legal and ethical bases for requiring consent before apnea testing (...) and defend such a requirement by appealing to ethical and legal principles of informed consent and battery and the right to refuse medical treatment. We conclude by considering and rebutting two major objections to a consent requirement for apnea testing: a justice-based objection to allocate scarce resources fairly and a social utility objection that halting the diagnosis of brain death will reduce the number of organ donors. (shrink)

In my feature article, ‘Pregnancy and superior moral status: a proposal for two thresholds of personhood’, 1 I argue that there are reasons to recognise that pregnant women have a superior moral status. This is a new argument on personhood in philosophy, and I am not surprised that it has generated some discussion. While I am grateful that many authors have engaged with my ideas, I have not identified from the six commentaries any aspect in my approach that would need (...) to be revised. I will do my best here, in the space available, to address the main points raised. Gibson starts off by correctly noting that my proposal rests on a starting assumption (which I do not defend) that we follow a first threshold of personhood, but then seems to leave this aside in the rest of his critique. 2 He says I have not justified... (shrink)

Virtue has been rediscovered in the United States as a subject of public debate and of philosophical inquiry. Politicians from both parties, leading intellectuals, and concerned citizens from diverse backgrounds are addressing questions about the content of our character. William Bennett's moral guide for children, A Book of Virtues, was a national bestseller. Yet many continue to associate virtue with a prudish, Victorian morality or with crude attempts by government to legislate morals. Peter Berkowitz clarifies the fundamental issues, arguing (...) that a certain ambivalence toward virtue reflects the liberal spirit at its best. Drawing on recent scholarship as well as classical political philosophy, he makes his case with penetrating analyses of four central figures in the making of modern liberalism: Hobbes, Locke, Kant, and Mill.These thinkers are usually understood to have neglected or disparaged virtue. Yet Berkowitz shows that they all believed that government resting on the fundamental premise of liberalism--the natural freedom and equality of all human beings--could not work unless citizens and officeholders possess particular qualities of mind and character. These virtues, which include reflective judgment, sympathetic imagination, self-restraint, the ability to cooperate, and toleration do not arise spontaneously but must be cultivated. Berkowitz explores the various strategies the thinkers employ as they seek to give virtue its due while respecting individual liberty. Liberals, he argues, must combine energy and forbearance, finding public and private ways to support such nongovernmental institutions as the family and voluntary associations. For these institutions, the liberal tradition powerfully suggests, play an indispensable role not only in forming the virtues on which liberal democracy depends but in overcoming the vices that it tends to engender.Clearly written and vigorously argued, this is a provocative work of political theory that speaks directly to complex issues at the heart of contemporary philosophy and public discussion.New Forum Books makes available to general readers outstanding, original, interdisciplinary scholarship with a special focus on the juncture of culture, law, and politics. New Forum Books is guided by the conviction that law and politics not only reflect culture, but help to shape it. Authors include leading political scientists, sociologists, legal scholars, philosophers, theologians, historians, and economists writing for nonspecialist readers and scholars across a range of fields. Looking at questions such as political equality, the concept of rights, the problem of virtue in liberal politics, crime and punishment, population, poverty, economic development, and the international legal and political order, New Forum Books seeks to explain--not explain away--the difficult issues we face today. (shrink)

The ability to improvise represents one of the highest levels of musical achievement. An improviser must master a musical language to such a degree as to be able to spontaneously invent stylistically idiomatic compositions on the spot. This feat is one of the pinnacles of human creativity, and yet its cognitive basis is poorly understood. What musical knowledge is required for improvisation? How does a musician learn to improvise? What are the neural correlates of improvised performance? In 'The Improvising Mind' (...) these questions are explored through an interdisciplinary approach that draws on cognitive neuroscience, study of historical pedagogical treatises on improvisation, interviews with improvisers, and musical analysis of improvised performances. Findings from these treatises and interviews are discussed from the perspective of cognitive psychological theories of learning, memory, and expertise. Musical improvisation has often been compared to 'speaking a musical language.' While past research has focussed on comparisons of music and language perception, few have dealt with this comparison in the performance domain. In this book, learning to improvise is compared with language acquisition, and improvised performance is compared with spontaneous speech from both theoretical and neurobiological perspectives. (shrink)

Charles Bell’s Bridgewater Treatise on the hand should be read as elaborating philosophies of pedagogy and the senses, and as fitting with Bell’s work on the nervous system. In The Hand, Bell argues that sensory reception must be coupled with muscular action to establish true knowledge, elevating the ‘doing’ hand to epistemological parity with the long-superior ‘seeing’ eye. Knowledge in anatomy was typically couched in terms to do with sight and depiction; but according to Bell, anatomy simply could not teach (...) the sort of feeling that one would encounter inside a living body. Instead, anatomy taught students to map the parts so that their fingers, moving through a surgical field, could ‘see’ and therefore could know and could act. This elevation of the status of the hand also had social implications that fit with Bell’s reformist politics. (shrink)

This special issue of The New Bioethics follows on from a conference that took place at St Stephen's House, University of Oxford, in March 2022, on ‘Prenatal Testing, Disability, and the Ethical So...

Discovering a deep unity in Nietzsche's work by exploring the structure and argumentative movement of a wide range of his books, Berkowitz shows that Nietzsche is a moral and political philosopher in the Socratic sense whose governing question is, "What is the best life?".

There has been a significant growth in the literature on nudging and behavioural economics, since Richard Thaler and Cass Sunstein published their well-known book Nudge: Improving Decisions about H...

In the article Privacy and Health Practices in the Digital Age, the authors describe current privacy challenges for digital health data and review the theoretical framework on privacy in the contex...

In 2007, many legislatures considered, and two enacted, bills mandating HPV vaccination for young girls as a condition of school attendance. Such mandates raise signifcant legal, ethical, and social concerns. This paper argues that mandating HPV vaccination for minor females is premature since long-term safety and efectiveness of the vaccine has not been established, HPV does not pose imminent and signifcant risk of harm to others, a sex specifc mandate raises constitutional concerns, and a mandate will burden fnancially existing government (...) health programs and private physicians. Absent careful consideration and public conversation, HPV mandates may undermine coverage rates for other vaccines. (shrink)

The human papillomavirus is the most common sexually transmitted infection worldwide. In the United States, more than six million people are infected each year. Although most HPV infections are benign, two strains of HPV cause 70 percent of cervical cancer cases. Two other strains of HPV are associated with 90 percent of genital warts cases.In June 2006, the Food and Drug Administration approved the first vaccine against HPV. Sold as Gardasil, the quadrivalent vaccine is intended to prevent four strains of (...) HPV associated with cervical cancer, precancerous genital lesions, and genital warts. Following FDA approval, the national Advisory Committee on Immunization Practices recommended routine vaccination for girls ages 11-12 with three doses of quadrivalent HPV vaccine. Thereafter, state legislatures around the country engaged in an intense effort to pass laws mandating vaccination of young girls against HPV. This activity was spurred in part by an intense lobbying campaign by Merck, the manufacturer of the vaccine. (shrink)

Despite legislation and public education, racism and sexism are alive and well. Though pre‐conceptive gender selection may enhance procreative liberty, this technology presents two disturbing questions. First, does sex selection represent underlying parental sexism? Second, by performing gender selection, do medical professionals perpetuate sexism? It will be maintained that pre‐conceptive sex selection is sexist as it reflects parental anticipation of stereotypical gender based behavior. Perhaps even more incriminating, sex selection forces parents to prefer one sex over another, to place a (...) value on gender. This emphasis on sex conflicts with societal goals which urge, and often legally require, individuals to ignore gender. We will assert that pre‐conceptive gender selection exemplifies sexism in its purest most blatant form as prior to conception, before parents can possibly know anything about their child, gender dominates the calculus of a child’s worth. We will also emphasize that physicians, by facilitating sex selection, legitimize the motivations of their patients and provide de facto support of sexism. In a similar vein, arguments against pre‐conceptive race selection will be made. (shrink)

This Article explores the unacknowledged impact of the scientific provenance of modern law. Justice, I argue, is threatened by social scientific thinking that subordinates justice to legitimacy, efficiency, and fairness. In doing so, I show that the power of the asserted connection between positive law and democracy depends upon a dangerous blurring of the distinction between justice and legitimacy. Finally, I offer an alternative genealogy of positive law that shows modern law to have been transformed into a science. My hope (...) is that by pointing to the threatened loss of justice as an ideal, my work can help to hold open the possibility that law reclaim its foundation in the art of judgment instead of the science of law. (shrink)