.The article deals with the difference between some forms of legal positivism. It is argued that, even in continental legal systems which are typically “rule bound,” there is some space left for principles in the legal system. The author tries to explain how this space can be filled and what methods should be used by a judge to do so.

The paper will discuss the role of the visual in French urban space. It will reveal the close connections between visual and semiotics where the visual dimension is central rather than marginal. We will evaluate altogether the psychological, legal and social impacts of the new shapes of our own environment. Rethinking our public space shapes our identities, unveils the ‘hidden’ powerful discourse behind these new urban models.

The article tries to inquire a third way in normative ethics between consequentialism or utilitarianism and deontology or Kantianism. To find such a third way in normative ethics, one has to analyze the elements of these classical theories and to look if they are justified. In this article it is argued that an adequate normative ethics has to contain the following five elements: (1) normative individualism, i. e., the view that in the last instance moral norms and values can only (...) be justified by reference to the individuals concerned, as its basis; (2) consideration of the individuals' concerns and interests—aims, desires, needs, strivings—insofar as they have a justificatory function; (3) a pluralism of references of these concerns and hence of moral norms and values to all possible elements of actions; (4) the necessity of a principle of aggregation and weighing with regard to these concerns; (5) finally, as a central principle of aggregation and weighing, the principle of relative reference to self and others, operating as a generalizing meta-principle that guides the application of concrete principles and decisions. (shrink)

: Science Studies, as developed initially in France attempt to overcome the distinctions between science and society, and correspondingly between the philosophy of science and political and social theory. Science Studies considers the theories and beliefs of scientists political rather than direct reflections of an objective natural world. I consider here Science Studies as a political theory that emerged and has developed in reaction to a particular social and political context, a crisis of technocratic politics in France. Some of the (...) leading contemporary French exponents Science Studies, a group around the journal. (shrink)

As a starting point this paper takes Dewey's nowadays oftenstressed modernity and examines his social philosophy againstthe background of the current debates on republicanism andcommunitarianism. Particularly, the anaysis of Dewey's The Public and its Problem (1927) concludesthat the attention being paid to Dewey is problematic asspecific religious assumptions – explicitly developedin A Common Faith (1934) – lie in the backgroundof his social philosophy, and are hardly being recognized.However, as it shall be shown, without considering thereligious basis, neither Dewey's social philosophy (...) norhis educational theory can be properly understood. (shrink)

As a starting point this paper takes Dewey’s nowadays often stressed modernity and examines his social philosophy against the background of the current debates on republicanism and communitarianism. Particularly, the anaysis of Dewey’sThe Public and its Problem concludes that the attention being paid to Dewey is problematic as specific religious assumptions — explicitly developed inA Common Faith -lie in the background of his social philosophy, and are hardly being recognized. However, as it shall be shown, without considering the religious basis, (...) neither Dewey’s social philosophy nor his educational theory can be properly understood. (shrink)

I present a theory of alienation that accounts for the cognitive processes involved with moral thinking and political behavior in modern societies. On my account, alienation can be understood as a particular kind of atrophy of moral concepts and moral thinking that affect the ways individuals cognize and legitimate the social world and their place within it. Central to my argument is the thesis that modern forms of social integration—shaped by highly institutionalized, rationalized and hierarchical forms of social life—serve to (...) constrain the moral- cognitive powers of subjects leading to a condition of alienation as moral atrophy. This state results from the withering of the subject's internal powers of moral reflection and an overriding predisposition to rely on external value schemas to make sense of moral and political problems. I then present an analysis of alienated moral consciousness and its implications for modern social theory. (shrink)

Niccolò Machiavelli is the father of modern constitutionalism. Constitutionalism began anew in the modern world with the study of the ancient republics and it was Machiavelli who inaugurated this revived science of politics. Five hundred years after the composition of Il Principe and the Discorsi we are still working out the implications of applying reason to the structures of law and government in pursuit of justice and the common good. Modern constitutionalism and ancient republicanism share three central beliefs: first, that (...) government should serve justice and the common good; second, that government should do so through known and stable laws; third, that these will best be secured through the checks and balances of a well-designed constitution. Machiavelli took the theories and experiences of republican Rome and applied them to his own era. This application of reason to constitutional design transformed the politics of emergent modernity and reconfigured government throughout the world. (shrink)

The article tries to inquire a third way in normative ethics between consequentialism or utilitarianism and deontology or Kantianism. To find such a third way in normative ethics, one has to analyze the elements of these classical theories and to look if they are justified. In this article it is argued that an adequate normative ethics has to contain the following five elements: (1) normative individualism, i. e., the view that in the last instance moral norms and values can only (...) be justified by reference to the individuals concerned, as its basis; (2) consideration of the individuals’ concerns and interests—aims, desires, needs, strivings—insofar as they have a justificatory function; (3) a pluralism of references of these concerns and hence of moral norms and values to all possible elements of actions; (4) the necessity of a principle of aggregation and weighing with regard to these concerns; (5) finally, as a central principle of aggregation and weighing, the principle of relative reference to self and others, operating as a generalizing meta-principle that guides the application of concrete principles and decisions. (shrink)

In this paper I: (1) Describe something of the present situation in the United States and briefly contrast this with the state of affairs in other nations of the industrialised world. I emphasise health care but also allude to other social conditions: health care is merely one institution of a society and, just as do its other institutions, the system of health care reflects the basic world-view of that society. (2) Sketch the world-view and the philosophy which underwrites the use (...) of a market system in distributing what are acknowledged to be critically important social goods like health care and higher education. I show that a well-functioning market can indeed be useful when it comes to distributing some, but not when distributing other goods. (3) Suggest that when competition and the market are used to ‘regulate’ health care, technology—instead of being used to benefit patients—is apt to be used primarily to maximise individual profit: it becomes a weapon between what is often painted as ‘warfare’ among health care providers and institutions. I argue that this state of affairs is based on an undue emphasis upon the demands of individual freedom to the detriment of the community. Finally (4) I suggest an alternative approach to balancing individual with communal interests, an approach which is neither based on a predominance of one with neglect of the other, nor on a dialectic balance between them, but rather upon an approach which sees both individual and communal interests as modifying forces in a complex homeostatic balance. Individual success, in any civilised sense of the term, is possible only in a viable and well-functioning community, and a well-functioning community is not possible without individual success: the two are inevitably interdependent and linked. (shrink)

Curiosity and imagination have been neglected in epistemology. This paper argues that the role of curiosity and imagination is central to the way we think, regardless of whether it is thinking about problems of ethics or problems of science. In our ever more materialistic society, curiosity and reason are either discouraged or narrowly channeled. I shall argue that the role of curiosity and imagination for both science and ethics is so important that nurturing them can be seen as an ethical (...) obligation and suppressing them as ethically problematic. (shrink)

The paradigm case of power as ?power over? (not ?power to') betrays a concern (1) more with the capacity to dominate others than with the unqualified capacity to act as such; (2) more with the fact, than with the morality, of dominance ? underscoring the key analytical distinction between ?power? and ?authority'; and (3) more with compulsion than co?operation. The three moves to combine (1) ?power over? with ?power to?, (2) ?power? with ?authority?, and (3) ?power? with ?co?operation?, are all (...) seen as inflationary, diminishing the value of the paradigm case, and assisting in rendering power, in its actual operations, both more obscure and insidious. Tumbling down this slope, there is a further argument, to the same effect, but secured by deflating, rather than inflating, the paradigm case. This deflationary argument (4) views luck as an alternative to power. In a world of dizzying technological innovation, marked by a deepening gap between rich and poor in the cities, between advanced and dependent states, we confront an inclination in many quarters both to expand and to contract power, so that it is everything and everywhere, thus nothing and nowhere. In attempts to substitute luck for power, it becomes difficult to assign to power responsibility, as heretofore. This paper is the first of two parts, taking a critical look at the overwhelming of power by inflation. The second part of this paper will be published in a subsequent issue, and it critically inspects the argument for deflation. (shrink)

In Western societies advance directives are widely recognised as important means to extend patient self-determination under circumstances of incapacity. Following other countries, England and France have adopted legislation aiming to clarify the legal status of advance directives. In this paper, I will explore similarities and differences in both sets of legislation, the arguments employed in the respective debates and the socio-political structures on which these differences are based. The comparison highlights how different legislations express different concepts emphasising different values accorded (...) to the duty to respect autonomy and to protect life, and how these differences are informed by different socio-political contexts. Furthermore each country associates different ethical concerns with ADs which raise doubts about whether these directives are a theoretical idea which is hardly applicable in practice. (shrink)

This article suggests that criminality in leaders might best be understood by ethicists as a matter of degree. Leaders may take without legitimate claim a variety of tangible or intangible goods including ideas and personal health. The extent to which any such act should be disfavoured is subject to debate. Moreover, both theft and control may be understood as continuous phenomena. Kleptocratic regimes within workplace or family may foster in people a habit of accepting similar treatment from economic and political (...) leaders at all levels. Forms of governance may be arranged on a continuum from those that serve to those that exploit their subjects. Responses to kleptocratic regimes range from acceptance through unconscious and conscious resistance to violent revolt. (shrink)

This work studies the issue of political representation from the perspective of a specific legal culture, the exercise of political rights in the context of the occidental democratic system, a concept that has undergone a profound evolution to the present day. The essential aspects for an analysis of this progression are voting, decision making, and the relationship between representatives and their constituents. Overall, the phenomena making up the crisis of representation have been explained as a result of changes that have (...) affected the operation and structure of modern states constituted as representative democracies. The idea is that a well-functioning representative system comes primarily from the form of government and electoral system in which it develops. (shrink)

This article investigates the link between corporate social responsibility (CSR) practices and the reasons for which legitimacy is ascribed or denied. It fills a gap in the literature on CSR and legitimacy that lacks empirical studies regarding the question whether CSR contributes to organisational legitimacy. The problem is discussed by referring to the case of De Beers’s diamond mining partnership with the Government of Namibia. A total of 42 interviews were conducted—41 with stakeholders and one with the focal organisation Namdeb. (...) The 41 stakeholder interviews are analysed with regard to cognitive, pragmatic and moral legitimacy as defined by Suchman (Acad Manage Rev 20(3):571–610, 1995 ). The main finding is that the majority of statements on organisational legitimacy refer to moral legitimacy and most issues raised in this context challenge the company’s legitimacy despite its comprehensive CSR engagement. The study demonstrates that legitimacy gaps can be a result of communication practices that raise unrealistic stakeholder expectations and that the legitimacy gained by CSR engagement in one area cannot substitute legitimacy losses caused by failures in another. (shrink)

Starting from Rousseau’s paradoxical assertion in Emile – “I hate books”– this chapter explores Rousseau’s critical theory of books. The first part of the chapter analyses Rousseau’s sociological and pedagogical approach to the acts of publishing and reading books. The social use of books is considered in relation to Rousseau’s critique of the arts and sciences, while the pedagogical approach focuses on the books that Emile is supposed to read. The second part of the chapter examines Rousseau’s practice of philosophical (...) argumentation in relation to his theory of speech and writing. Special attention is given: a) to the development of a “style of argumentation” that combines the expression of subjective sentiment and the discussion of arguments, and b) the importance of the relationship between Rousseau’s text and its readers or addressees with respect to his conception of philosophical truth. (shrink)

Desde la publicación de El contrato social, en 1752, la concepción roussoniana de la democracia ha sido, de diversos modos, interpretada y cuestionada. Este artículo tiene una orientación hermenéutica: busca contribuir a esclarecerla y demostrar que las interpretaciones conservadoras que la identifican con el pensamiento autoritario e incluso totalitario no corresponden al sentido de los textos. Asimismo, se explicitan sus diferencias con las concepciones políticas de Hobbes y Locke. Podría decirse que Rousseau abre el espacio para el surgimiento de nuevas (...) formas de pensamiento, respecto al liberalismo clásico y la Ilustración francesa. Fundó el pensamiento crítico sobre la sociedad moderna y planteó, lúcidamente, el problema de la fragmentación social y la necesidad de superarlo potenciando la dimensión comunitaria de la sociedad, mediante la constitución de un nuevo orden político y un nuevo proyecto educativo. Fundó, con ello, una nueva tradición democrática diferente a la de Locke: la concepción participativa de la democracia, basada en el principio de la soberanía popular, la cual ha alcanzado un importante desarrollo en nuestro tiempo. (shrink)