This special issue of Etikk i praksis - Nordic Journal of Applied Ethics deals with the largely underexplored connections between public domain and democracy in the digital age and features articles highlighting various aspects of this broader theme.

Does the regulation of migration constitute a blatant case of arbitrary law-making? What is arbitrary law-making? And how does it manifest itself in contemporary migration policy? These are pressing issues that the scholars who come together in this special issue seek to engage with, by exploring international migration from the point of view of arbitrary power. When does legitimate state discretion slide into an exercise of arbitrary power? Since we cannot address what we do not understand, the urgency of the (...) matter addressed in this special issue speaks for itself. Deciding who may enjoy the right of abode, the right to remain, the right to asylum and to citizenship is a key power of the state: it is a regal prerogative, an act of sovereignty, limited only by deliberately accepted commitments, such as the respect for human rights. This makes migration policy an exceptionally interesting ground to test the limits of discretion and the forms of arbitrariness. Power can be understood to be of a discretional nature if it acts freely within the boundaries defined by law, whereas arbitrariness qualifies discretional power exceeding the limits of law. (shrink)

This paper explores the contribution by the contemporary legal realist Hanoch Dagan. Dagan’s brand of realism defines law on the basis of its institutions or social practices, not of its norms or rules. The paper first provides a critical overview of this realist theory of law: It is not synonymous with the predictive theory of law, with Leiter’s theory of judges, or Frank’s “breakfast theory”. By focusing on the role of judges and the methodology of legal reasoning, we discover that (...) the core difference between realism and positivism lies in the claim that law is affected by a strong form of indeterminacy, stemming from the plurality of legal sources, not from the open texture of legal language as expressed in rules; and we are also able to distinguish this form of realism from contemporary movements in legal theory, such as critical legal studies and law & economics. The normative dimension of realism is also addressed: This theory of law develops a specific concept of justice, on the ground of a cognitivist theory of value. (shrink)

The article considers what arbitrary law-making is and what may count as arbitrary law-making in the field of migration policy. It contributes to the discussion of arbitrary law-making in relation to migration policy in two ways. First, it offers an analysis of arbitrariness, pointing out that rhetorical definitions abound – perhaps not surprisingly, given that migration is a highly-contested policy area – and argues for why transposing a conception developed in ethical theory to the law has high theoretical costs. An (...) alternative conception is described and found to be better equipped to deal with arbitrary law-making in migration policy. It is argued that if we want to understand how arbitrariness plays out in the field of migration law – which is necessary to find ways to hinder its spread by the adoption of specific law-making practices – we first need to distinguish arbitrariness from legitimate choices of legislators. Secondly, a typology of forms of arbitrariness is fleshed out in relation to contemporary migration policy. The policy area is here broadly construed to include not only naturalisation processes, but also migration, asylum and refugee policies and more generally border control. The examples are taken from a broad selection of countries. They have been chosen for illustrative purposes only. Keywords: arbitrariness, discretion, arbitrary power, forms of arbitrary power, borders, migration policy, citizenship policy. (shrink)

The special issue covers both fronts by presenting a conceptual analysis of arbitrary law-making that sets out to typify its various meanings, along an empirical account of its actual functioning in legal and political practice. As arbitrariness becomes a pressing concern for lawyers, politicians and scholars attempting to grasp the discretionary powers of judicial and administrative authorities vis-a-vis legal subjects, its social impact as well as its political consequences must be taken into consideration in order to fully comprehend how central (...) arbitrariness has become for a philosophical and a sociological account of law-making. Migration policy is precisely where arbitrariness vividly shows its face, and where its various forms unleash their most revealing implications. It is in this field that we must dig further if we want to know how this hitherto peripheral and surrogated dimension of legal decision-making stretches the leeway of legal officials to the very margin of legality, disclosing the social tension and the power struggle between their agency and the structures that condition and enable it. (shrink)

Reason and emotion are often cast as opposites. Yet emotion comes in a wide array of manifestations and has a variety of relations with its supposed opposite. Understanding emotion better is key to grasping how jurisprudence casts the relation between psychology and judicial decision making. Jurisprudents disagree on whether and when (lack of) emotion is a problem for decision makers in the justice system. The aim of this paper is to shed light on unarticulated assumptions in mainstream legal theory concerning (...) this disagreement. The paper plots the different positions jurisprudents hold concerning the role of emotion in judicial decision making, regardless of where they stand on matters such the nature of law. The paper substantiates the claim that legal theorists often take an irrationalist approach to emotion but occasionally develop an alternative account that is closer to a cognitivist approach, the prime example of which is the claim that equity requires practical reasoning. Emotions are then cast as skills to be appreciated. The paper concludes that jurisprudence adopts a simplistic view of emotion. The study of the role of emotion has been hampered by the tendency to view emotions reductively. My classificatory effort warrants the conclusion that lack of emotion – understood as a skill in cognitivist terms – constitutes a problem for justice. (shrink)

Some companions journey with us; others await our return home. The Cambridge Companion to Legal Positivism1 is, at 800 pages, one of the latter. It is a companion worth returning to, however, as it...

This is a unique book. It is excellently written, crammed with information, wise and a pleasure to read.' ---Daniel C. Dennett, Tufts University.

Philosopher, theologian, educational theorist, feminist and political pamphleteer, Mary Astell was an important figure in the history of ideas of the early modern period. Among the first systematic critics of John Locke's entire corpus, she is best known for the famous question which prefaces her Reflections on Marriage: 'If all men are born free, how is it that all women are born slaves?' She is claimed by modern Republican theorists and feminists alike but, as a Royalist High Church Tory, the (...) peculiar constellation of her views sits uneasily with modern commentators. Patricia Springborg's study addresses these apparent paradoxes, recovering the historical and philosophical contexts to her thought. She shows that Astell was not alone in her views; rather, she was part of a cohort of early modern women philosophers who were important for the reception of Descartes and who grappled with the existential problems of a new age. (shrink)

In the early years of the twentieth century, Gottlob Frege and David Hilbert, two titans of mathematical logic, engaged in a controversy regarding the correct understanding of the role of axioms in mathematical theories, and the correct way to demonstrate consistency and independence results for such axioms. The controversy touches on a number of difficult questions in logic and the philosophy of logic, and marks an important turning-point in the development of modern logic. This entry gives an overview of that (...) controversy and of its philosophical underpinnings. (shrink)

This essay contrasts Damaris Masham and Catharine Trotter Cockburn’s respective moral philosophies. It argues that their views are both remarkably innovative, yet strikingly similar. By focusing on Masham and Cockburn’s accounts of agency and virtue, it is demonstrated that both thinkers take human nature as a sort of guide to moral behavior – i.e., it shows that the moral agent operates under the perception of moral principles as arising from human nature. While both thinkers are known to have been directly (...) influenced by John Locke, it is also argued that both of their moral philosophies bear significant dissimilarities to Lockean morality. (shrink)

Introduction to the Institutional Logics Perspective -- Precursors to the Institutional Logics Perspective -- Defining the Inter-institutional System -- The Emergence, Stability and Change of the Inter-institutional System -- Micro-Foundations of Institutional Logics -- The Dynamics of Organizational Practices and Identities -- The Emergence and Evolution of Field-Level Logics -- Implications for Future Research.

Overview -- Locke's internal sense and Kant's changing views -- Personal identity amd its problems -- Rationalist metaphysics of mind -- Consciousness, self-consciousness, and cognition -- Strands of Argument in the Duisburg Nachlass -- A transcendental deduction for a priori concepts -- Synthesis : why and how? -- Arguing for apperception -- The power of apperception -- "I-think" as the destroyer of rational psychology -- Is Kant's theory consistent? -- The normativity objection -- Is Kant's thinker (as such) a free (...) and responsible agent? -- Kant our contemporary. (shrink)

The history of the recovery movement began with a pushback against treatment, and the philosophies that it was founded upon still have relevant applications to contemporary social work practice. Financial aspects of service provision for people with serious mental illnesses have enabled other actors in the medical model of psychosis treatment to benefit, while disempowering and dehumanizing the consumers of those services. Since then, other movements like Psychopolitics and the Mad Movement have helped empower psychosis survivors to advocate for their (...) right to self-determination amid the epistemological pressure to identify as disabled. Social workers would like to believe that the field has moved beyond the philosophies that perpetuated institutionalization of people with serious mental illnesses. Contemporary examples, however, reveal how social services in the US maintain the status quo of sanism for psychosis survivors. (shrink)

The papers from the 2000 symposium of the Royal Society of Canada explore the crucial relationship between science and ethics.

Human Specialization in Design and Technology explores emerging trends in learning and training-standardization, customization, personalization-with a unique focus on human needs and conditions. Analyzing evidence from current academic research as well as the popular press, this concise volume defines and examines the trajectory of instructional design and technologies toward more human-centered and specialized products, services, processes, environments, and systems. Examples from education, healthcare, business, and other sectors offer real-world demonstrations for scholars and graduate students of educational technology, instructional design, ICT, (...) and business development. (shrink)

Biopolitics and Utopia explores the intersection of biopolitics and utopian thought. As an interdisciplinary work, it addresses many salient biopolitical issues (state and medical interventions in the body, fears over scientific progress, resistance to state biopower, and ethical concerns), while also engaging in the utopian drive behind biopolitical efforts. The book is structured into four main sections: Actions, Speculations, Reactions, and Reflections. The chapters in Actions examine the practices of direct, medical intervention to 'normalize' citizens' bodies. The next section, Speculations, (...) approaches the intersection of utopia and biopolitics through a literary lens, reviewing science fiction texts as expressions of cultural and social fears about scientific progress. Reactions outlines potential acts of resistance in the face of biopower. Finally, Reflections offers a more philosophical essay, which engages the reader in the potential for creating an ethics for scientific standards. (shrink)

One way to discuss personal identity is by distinguishing between specific and numerical types of similar things. Some of the ways in which the individuality of each clone comes out are found in the alterations they make to their alphanumeric designations, uniforms, and living environments. In his important article “Freedom of the Will and the Concept of a Person,” Harry G. Frankfurt explains that what makes humans unique according to his concept of personhood is their “capacity for reflective self‐evaluation.” The (...) activation of the Fett clones' inhibitor chips with Order 66 represents the intention of the Empire to deprive all the chipped clones of their freedom of action and will. As Frankfurt states, “Suppose, however, that he enjoys both freedom of action and freedom of the will. Then he is not only free to do what he wants to do; he is also free to want what he wants to want.”. (shrink)

In commerce, many moral failures are due to narrow mindsets that preclude taking into account the moral dimensions of a decision or action. In turn, sometimes these mindsets are caused by failing to question managerial decisions from a moral point of view, because of a perceived authority of management. In the 1960s, Stanley Milgram conducted controversial experiments to investigate just how far obedience to an authority figure could subvert his subjects' moral beliefs. In this thought-provoking work, the authors examine the (...) prevalence of narrow mental models and the phenomenon of obedience to an authority to analyse and understand the challenges which business professionals encounter in making ethical decisions. Obstacles to Ethical Decision-Making proposes processes - including collaborative input and critique - by which individuals may reduce or overcome these challenges. It provides decision-makers at all levels in an organisation with the means to place ethical considerations at the heart of managerial decision-making. (shrink)

Zachariah's description of a wonderful fornicating life for Sam and Dean captures some truth but it also misses the importance women play in shaping the Winchesters' moral decisions. In general, important women in the lives of Sam and Dean fall into three broad categories: mothers, lovers, and monsters. Sam and Dean are all too familiar with this philosophy of utilitarianism. Many times they have sacrificed relationships with women for the sake of their mission. Throughout Supernatural the objectification of the Winchesters (...) is contrasted with a happy domestic life. Sam and Dean are mistaken in thinking that their only value resides in the roles they play in the larger battles of good and evil; if they looked deeper they would see that they both would prefer a loving relationship with a woman. (shrink)

Over the last decade, and culminating in the 2008 global financial meltdown, there has been an erosion of trust and a concomitant rise of distrust in domestic companies, multinational enterprises, and political economies.In response to this attrition, this article presents three arguments. First, we suggest that trust is the “glue” of any viable political economy, and we propose that the stakes of violating public trust are particularly high in light of the asymmetry between trust and distrust. Second, we identify a (...) constellation of key barriers to overcoming distrust that companies face in the current environment: (1) corporate mind-sets that promote a preoccupation with quantification, hierarchical leadership models, and “blind trust” in authority; (2) the anonymity of core stakeholders; (3) the agency of the media as a driver of the political economy; and (4) firm-centric models of stakeholder relationships.Third, we argue that, notwithstanding these challenges, these phenomena are not fatal and can be addressed through a holistic transformation in corporate culture. Such a transformation might include a shift to collaborative leadership models and replacing authority models with responsibility, a “names and faces” approach to stakeholders through cases and stories, more egalitarian communication exchanges with external stakeholders, and a reprioritization of the firm as a vital element among others within a system rather than the central core of a network.We conclude that the value of trust at the individual, institutional, national, and global levels cannot be overstated. Without a reinvigoration of trust in our political economies, at all levels, the future of an economically vibrant planet is indeed bleak. (shrink)

Husserl’s writings on sociality have received increasing attention in recent years. Despite this growing interest, Husserl’s reflections on the specific role of communication remain underexplored. In this paper, we aim to fill this gap by reconstructing the various ways in which Husserl draws systematic connections between communication and communalization. As will become clear, Husserl’s analysis converges with much more recent ideas defended by Margaret Gilbert and Naomi Eilan.

Images That Move is concerned with how images take place in wider worlds: how they move around, via processes of transmission and uptake, but, equally importantly, how they move their audiences affectively. Images play a significant part in projects of "poetic world-making" and political transformation. They participate in the production of commensuration or of incommensurability, enact moments of prophecy or exposure, and attract or repel spectators' attention. Images move, then, but not just as they wish, and any examination of images (...) in motion must also recognise the blockages and breakdowns that prevent their movement as well as the enframings or "stickinesses" that trap them in particular places, prevent them from reaching others, or hedge their arrival in specific ways. The contributors explore topics ranging from high art to mass media, religious iconography to pornography, and popular photography to political cartoons in a range of contexts and media including photography in early twentieth century China, art and literature in contemporary South Africa, upscale real estate development in India, occult media images and the aesthetic of appearance in urban Indonesia, and film censorship in Nigeria. All of these instances of the visual continuum require different ways of highlighting and addressing the problematics of images in motion. Images That Move traces some of the tangled paths of images' travels and returns, unfolding their effects and aftereffects and scanning the diverse and variable publics-fixed or ephemeral, situated or dispersed-that these moving images call into being. Contributors: Ernst van Alphen, Christiane Brosius, Steven C. Caton, Finbarr Barry Flood, Brian Larkin, Oliver Moore, Rosalind C. Morris, Christopher Pinney, Patricia Spyer, Mary Margaret Steedly. (shrink)

GESTÃO DE RESÍDUOS SÓLIDOS EM MEGAVENTOS: ASPECTOS CONCEITUAIS.

Part I: Eros and tradition -- Alcibiades I and pederasty -- The symposium and Sappho -- Part II: Polis and tradition -- Republic 3 and the sirens -- Laws 4 and the Cyclopes -- Part III: Philosophy and tradition -- The Apology and Oedipus -- The Crito and Thersites.