Que signifie l’Europe pour les juristes? La première réponse, de caractère descriptif, renvoie aux deux ordres juridiques européens, celui de l’Union Européenne et celui du Conseil de l’Europe. Ces deux ordres juridiques reposent sur des traités et les États qui adhèrent à ces traités sont reconnus comme « européens ». Le concept juridique d’Europe est donc distinct du concept géographique : il intègre des territoires situés en Asie ou outremer. L’Europe juridique ne correspond pas non plus à un peuple européen, (...) mais à une pluralité de peuples reliés à des États-nations dont les institutions démocratiques ont approuvé l’adhésion à l’Europe. La soumission au droit des traités européens est ainsi à la base, conventionnelle, de l’Europe juridique. Cette situation peut être envisagée comme une série de fictions qui ont donné naissance à un réseau, relativement stables, de règles sur la protection des droits de l’homme. C’est ce droit cosmopolite des droits de l’homme qui peut être considéré comme la structure fondamentale du concept juridique d’Europe. (shrink)

The argument of this Article is based on positivist postulates defining law as the union of primary rules and secondary rules. Taking the presence of rules of change to be decisive for the appearance of legal orders, the author first looks for their origins in the Western world. Romans were the first, in the Western world, to develop a legal system with a clear rule of change, the possibility of a new statute abrogating an old one. This Western concept of (...) law has been exported by Western colonialism to America, Asia, and Africa, transforming social rules into laws thanks to the use of a Roman frame. While Jewish, Chinese and Islamic legal systems also fit this definition, their rules of change were not identical to the Roman ones. However, these other systems were not as successful as Roman law, which was linked historically with imperialism and colonialism. (shrink)

Sur une suggestion de David Halperin, John Winkler, professeur à Yale puis à Stanford, rassembla, l’année de sa mort (1990), des études datées de 1981/1989, pour la plupart inédites. Leur convergence autorisait un livre sur l’éthique sexuelle grecque dans une approche sémiotique et anthropologique des pratiques sociales, se démarquant de l’histoire intellectuelle, comme de celles des idées et des mentalités, et du New Historicism des années 1980. À partir d’« observations informelles du compo...

"My work has had nothing to do with gay liberation," Michel Foucault reportedly told an admirer in 1975. And indeed there is scarcely more than a passing mention of homosexuality in Foucault's scholarly writings. So why has Foucault, who died of AIDS in 1984, become a powerful source of both personal and political inspiration to an entire generation of gay activists? And why have his political philosophy and his personal life recently come under such withering, normalizing scrutiny by commentators as (...) diverse as Camille Paglia, Richard Mohr, Bruce Bawer, Roger Kimball, and biographer James Miller? David M. Halperin's Saint Foucault is an uncompromising and impassioned defense of the late French philosopher and historian as a galvanizing thinker whose career as a theorist and activist will continue to serve as a model for other gay intellectuals, activists, and scholars. A close reading of both Foucault and the increasing attacks on his life and work, it explains why straight liberals so often find in Foucault only counsels of despair on the subject of politics, whereas gay activists look to him not only for intellectual inspiration but also for a compelling example of political resistance. Halperin rescues Foucault from the endless nature-versus-nurture debate over the origins of homosexuality ("On this question I have absolutely nothing to say," Foucault himself once remarked) and argues that Foucault's decision to treat sexuality not as a biological or psychological drive but as an effect of discourse, as the product of modern systems of knowledge and power, represents a crucial political breakthrough for lesbians and gay men. Halperin explains how Foucault's radical vision of homosexuality as a strategic opportunity for self-transformation anticipated the new anti-assimilationist, anti-essentialist brand of sexual identity politics practiced by contemporary direct-action groups such as ACT UP. Halperin also offers the first synthetic account of Foucault's thinking about gay sex and the future of the lesbian and gay movement, as well as an up-to-the-minute summary of the most recent work in queer theory. "Where there is power, there is resistance," Michel Foucault wrote in The History of Sexuality, Volume I. Erudite, biting, and surprisingly moving, Saint Foucault represents Halperin's own resistance to what he views as the blatant and systematic misrepresentation of a crucial intellectual figure, a misrepresentation he sees as dramatic evidence of the continuing personal, professional, and scholarly vulnerability of all gay activists and intellectuals in the age of AIDS. (shrink)

Hope is a positive emotion that plays a pivotal role in intractable conflicts and conflict resolution processes by inducing conciliatory attitudes for peace. As a catalyser for conflict resolution, it is important to further understand hope in such contexts. In this article we present a novel framework for understanding hope in contexts of intergroup conflict. Utilizing appraisal theory of emotions and heavily relying on the implicit theories framework, we describe three targets upon which hope appraisals focus in intractable conflict—the conflict, (...) the outgroup, and the ingroup. Next, we describe the importance of developing ways to experimentally induce hope, and utilize the appraisal-target framework to describe and classify existing and potential interventions for inducing hope in intractable conflict resolution. (shrink)

L'espere humaine est conflictuelle et gregaire, menacee de toutes parts par la montee aux extremes de la violence. Aussi se trouve-t-elle confrontee a ce probleme urgent: comment vivre ensemble sans s'entre-tuer? Le politique est l'ordre humain en charge de ce probleme, et son objectif est la paix par la justice. Dans ce bref precis didactique, Jean Baechler prouve que le seul moyen d'eviter la guerre et de resoudre des problemes communs dans un monde dangereux et imprevisible est de s'efforcer (...) a l'union politique, meme si celle-ci est bien evidemment extremement difficile a realiser. (shrink)

We offer a functional perspective on hate, showing that hate has a unique pattern of appraisals and action tendencies. Hate is based on perceptions of a stable, negative disposition of persons or groups. We hate persons and groups more because of who they are, than because of what they do. Hate has the goal to eliminate its target. Hate is especially significant at the intergroup level, where it turns already devalued groups into victims of hate. When shared among group members, (...) hate can spread fast in conflict zones where people are exposed to hate-based violence, which further feeds their hate. Hate can be reassuring and self-protective, because its message is simple and helps confirming people’s belief in a just world. (shrink)

"My work has had nothing to do with gay liberation," Michel Foucault reportedly told an admirer in 1975. And indeed there is scarcely more than a passing mention of homosexuality in Foucault's scholarly writings. So why has Foucault, who died of AIDS in 1984, become a powerful source of both personal and political inspiration to an entire generation of gay activists? And why have his political philosophy and his personal life recently come under such withering, normalizing scrutiny by commentators as (...) diverse as Camille Paglia, Richard Mohr, Bruce Bawer, Roger Kimball, and biographer James Miller? David M. Halperin's Saint Foucault is an uncompromising and impassioned defense of the late French philosopher and historian as a galvanizing thinker whose career as a theorist and activist will continue to serve as a model for other gay intellectuals, activists, and scholars. A close reading of both Foucault and the increasing attacks on his life and work, it explains why straight liberals so often find in Foucault only counsels of despair on the subject of politics, whereas gay activists look to him not only for intellectual inspiration but also for a compelling example of political resistance. Halperin rescues Foucault from the endless nature-versus-nurture debate over the origins of homosexuality and argues that Foucault's decision to treat sexuality not as a biological or psychological drive but as an effect of discourse, as the product of modern systems of knowledge and power represents a crucial political breakthrough for lesbians and gay men. Halperin explains how Foucault's radical vision of homosexuality as a strategic opportunity for self-transformation anticipated the new anti-assimilationist, anti-essentialist brand of sexual identity politics practiced by contemporary direct-action groups such as ACT UP. Halperin also offers the first synthetic account of Foucault's thinking about gay sex and the future of the lesbian and gay movement, as well as an up-to-the-minute summary of the most recent work in queer theory. "Where there is power, there is resistance," Michel Foucault wrote in The History of Sexuality, Volume I. Erudite, biting, and surprisingly moving, Saint Foucault represents Halperin's own resistance to what he views as the blatant and systematic misrepresentation of a crucial intellectual figure, a misrepresentation he sees as dramatic evidence of the continuing personal, professional, and scholarly vulnerability of all gay activists and intellectuals in the age of AIDS. (shrink)

One. Hundred. Years. of. Homosexuality. I. In 1992, when the patriots among us will be celebrating the fivehundredth anniversary of the discovery of America by Christopher Columbus, our cultural historians may wish to mark the centenary of  ...

In this book it explores science and technology, makes connections between these epistemic, cultural, and political trends, and develops profound insights into the nature of our postmodernity.

Dans les sociétés démocratiques contemporaines, les individus revendiquent le droit d'aimer librement. Ils sont attachés à la réussite de leur vie sentimentale et à l'épanouissement de leur sexualité. Mais le corps épris nous permet-il d'accéder à l'existence heureuse que nous désirons? Dans ce livre, Jean-Marie Frey met au jour les ressorts de l'inquiétude suscitée par l'amour charnel. Il montre comment la pudibonderie et le libertinage expriment, chacun à leur manière, une tentative pour se rassurer. Les prudes désireux de voiler (...) les femmes et les libertins exhibant un corps morcelé dans l'imagerie pornographique, n'éprouvent-ils pas les uns et les autres une crainte devant la chair désirable? L'auteur oppose les figures du pudibond et du libertin à celle d'un amant disposé à jouer le jeu d'une passion amoureuse à la fois inquiétante et joyeuse. (shrink)

Along with Husserl's Ideas and Heidegger's Being and Time, Being Given is one of the classic works of phenomenology in the twentieth century. Through readings of Kant, Husserl, Heidegger, Derrida, and twentieth-century French phenomenology (e.g., Merleau-Ponty, Levinas, and Henry), it ventures a bold and decisive reappraisal of phenomenology and its possibilities. Its author's most original work to date, the book pushes phenomenology to its limits in an attempt to redefine and recover the phenomenological ideal, which the author argues has never (...) been realized in any of the historical phenomenologies. Against Husserl's reduction to consciousness and Heidegger's reduction to Dasein, the author proposes a third reduction to givenness, wherein phenomena appear unconditionally and show themselves from themselves at their own initiative. Being Given is the clearest, most systematic response to questions that have occupied its author for the better part of two decades. The book articulates a powerful set of concepts that should provoke new research in philosophy, religion, and art, as well as at the intersection of these disciplines. Some of the significant issues it treats include the phenomenological definition of the phenomenon, the redefinition of the gift in terms not of economy but of givenness, the nature of saturated phenomena, and the question “Who comes after the subject?” Throughout his consideration of these issues, the author carefully notes their significance for the increasingly popular fields of religious studies and philosophy of religion. Being Given is therefore indispensable reading for anyone interested in the question of the relation between the phenomenological and the theological in Marion and emergent French phenomenology. (shrink)

A 62-year-old female with Huntington’s disease presented after a suicide attempt. Her advance directive stated that she did not want intubation or resuscitation, which her family acknowledged and supported. Despite these directives, she was resuscitated in the emergency department and continued to state that she would attempt suicide again. Her suicidality in the face of a chronic and advancing illness, and her prolonged consistency in her desire to take her own life, left careproviders wondering how to provide ethical, respectful care (...) to this patient. Tension between the ethical principles of autonomy and beneficence is central in this case. The patient’s narrative demonstrated that her suicide was an autonomous decision, free from coercion or disordered thinking from mental illness. Beneficence then would seem to necessitate care aligned with the patient’s desire to end her life, which created ethical uneasiness for her family and careproviders. The case highlights several end-of-life ethical considerations that have received much recent attention. With ongoing discussions about the legalization of aid in dying across the country, caregivers are challenged to understand what beneficence means in people with terminal illnesses who want a say in their death. This case also highlights the profound moral distress of families and careproviders that arises in such ethically challenging scenarios. (shrink)

In 2016, the Colorado legislature passed an amendment to Colorado’s medical proxy law that established a process for the appointment of a physician to act as proxy decision maker of last resort for an unrepresented patient (Colorado HB 16-1101: Medical Decisions For Unrepresented Patients). The legislative process brought together a diverse set of stakeholders, not all of whom supported the legislation. Following passage of the statutory amendment, the Colorado Collaborative for Unrepresented Patients (CCUP), a group of advocates responsible for initiating (...) the legislative process, coordinated a unique effort to engage these stakeholders in the creation of a set of voluntary guidelines to assist facilities and individual careproviders in the implementation of policies and procedures enabled by the statute. This article delineates the questions and concerns of stakeholders, describes how those issues were addressed within the guidelines, and proposes additional opportunities for research to assess the impact of the legislation in Colorado. (shrink)

La philosophie ne se réduit pas à la pure réflexion ni à la quête d'une sagesse intemporelle. Elle est aussi invention ou création de concepts. Elle s'expose volontiers à traverser le cours des sciences, à inscrire son histoire dans le contrepoint de leurs développements. Quand il se veut ainsi passeur de savoirs, le philosophe expérimente des concepts qui filtrent des interprétations, établissent des relations inattendues, modifient des approches trop abstraites : le temps, l'infini, la matière, le cosmos. L'enquête astrophysique ou (...) les recherches sur le cerveau offrent autant d'occasions de mises en perspective propices à la pédagogie que d'invitations à reconstituer le tissu des idées qui fondent la culture et les idéaux de nos sociétés. Même s'il analyse parfois des méthodes et des paradigmes scientifiques, ce livre ne relève pas de la philosophie des sciences telle que l'Université en définit la discipline. Il entend surtout questionner les conceptions scientifiques du monde qui justifient, transforment ou bouleversent nos croyances, nos comportements et aussi nos décisions. Il témoigne que les seuls savoirs qui vaillent sont toujours déconcertants. (shrink)

One of the strongest strands in Nancy's philosophy is an attempt to rethink community and the very idea of the social in a way that does not ground these ideas in some individual subject or subjectivity. The fundamental argument of this book is that being is always 'being with', that 'I' is not prior to 'we', that existence is essentially co-existence. He thinks this being together, not as a comfortable enclosure in a pre-existing group, but as a mutual abandonment and (...) exposure to each other, one that would preserve the 'I' and its freedom in a mode of imagining community as neither a 'society of spectacle' nor via some form of 'authenticity'. (shrink)

Jean Piaget was one of the most salient and inspirational figures in psychological and educational research this century. He was prolific, authoring or editing over eighty books and numerous journal papers which have spawned a huge and fertile continuation of his research over the decades. A major component of any course on children's psychological development and a research tradition that is expanding, scholars need access to the original texts rather than relying on secondhand accounts. Jean Piaget: Selected Works (...) is a chance to acquire key original texts, most of which have been previously unavailable for several years. (shrink)

The distinction between attackers and defenders might help refine the understanding of the role of emotions in conflicts. Here, we briefly discuss differences between attackers and defenders in terms of appraisals, action tendencies, emotional preferences, and brain activities. Finally, we outline how attackers and defenders may differ in their response to emotion-based interventions that aim to promote conflict resolution.

This challenging and provocative book argues against much contemporary orthodoxy in philosophy and the social sciences by showing why objectivity in the domain of ethics is really no different from the objectivity of scientific knowledge. Many philosophers and social scientists have challenged the idea that we act for objectively authoritative reasons. Jean Hampton takes up the challenge by undermining two central assumptions of this contemporary orthodoxy: that one can understand instrumental reasons without appeal to objective authority, and that the (...) adoption of the scientific world view requires no such appeal. In the course of the book Jean Hampton examines moral realism, the general nature of reason and norms, internalism and externalism, instrumental reasoning, and the expected utility model of practical reasoning. The book is sure to prove to be a seminal work in the theory of rationality that will be read by a broad swathe of philosophers and social scientists. (shrink)

The last and most poignant of these essays is The Intruder, Nancys philosophical meditation on his heart transplant.

The central role played by emotions in conflict has long been recognized by many of the scholars who study ethnic conflicts and conflict resolution. Yet recent developments in the psychological study of discrete emotions and of emotion regulation have yet to receive adequate attention by those who study and seek to promote conflict resolution. At the same time, scholars of emotion and emotion regulation have only rarely tested their core theories in the context of long-term conflicts, which constitute a unique (...) and highly emotional environment. I argue that building bridges between these two communities would help us to form a better understanding of core processes in emotion and emotion regulation as well as greatly advance theory and practice in conflict resolution. To address that goal, a theoretical, appraisal-based model elucidating the way emotions operate in the context of conflict resolution processes is presented, followed by a review of recent empirical developments in the study of discrete emotions in conflict resolution processes. Next, I discuss various avenues of influence and provide preliminary data regarding the potential role of two types of emotion regulation processes in conflict resolution efforts. Finally, I describe the future challenges in integrating these two bodies of knowledge, at both the theoretical and the applied levels. (shrink)

Marked sharply by its time and place (Paris in the 1970s), this early theological text by Jean-Luc Marion nevertheless maintains a strikingly deep resonance with his most recent, groundbreaking, and ever more widely discussed phenomenology. And while Marion will want to insist on a clear distinction between the theological and phenomenological projects, to read each in light of the other can prove illuminating for both the theological and the philosophical reader - and perhaps above all for the reader who (...) wants to read in both directions at once, the reader concerned with those points of interplay and undecidability where theology and philosophy inform, provoke, and challenge one another in endlessly complex ways." "In both his theological and his phenomenological projects Marion's central effort to free the absolute or unconditional (be it theology's God or phenomenology's phenomenon) from the various limits and preconditions of human thought and language will imply a thoroughgoing critique of all metaphysics, and above all of the modern metaphysics centered on the active, spontaneous subject who occupies modern philosophy from Descartes through Hegel and Nietzsche. (shrink)

Webber's perceptive new introduction helps to decipher this challenging, seminal work, placing it in the context of the author's work and the history of ...