Even though International Humanitarian Law (IHL) is, strictly speaking, a branch of international law serving as the body of laws governing the conduct of armed conflicts, it functions also, and perhaps to a greater extent, as a moral system (either followed or rejected) for the armies involved in armed conflicts. As utilitarians already noticed, the development of legal systems was powerfully influenced by moral opinion, and conversely, moral standards had been profoundly influenced by law, so that the content of many (...) legal rules mirrored moral rules or principles. Law, like morality, is interested in creating a good society: enabling people to live together in a community and inculcating a sense of social responsibility. However, despite these similarities between the systems, law and morality differ in some of their objectives and in the methods they use for achieving their goals and sustaining human behavior. The application of this conclusion to IHL and the analysis of both its historical nascence in the nineteenth century and the philosophical concepts informing it suggests that IHL serves more the purposes of a moral system than those of a legal system. This claim is strengthened by the analysis of two examples of legal rules of IHL: the proportionality principle in causing collateral damage and the instruction that preventive (or targeted) killings should be used as a last resort. (shrink)

De 1610 à 1654, Lady Alice Le Strange (1585-1656) tint avec beaucoup de soin le livre de comptes que son mari, Sir Hamon (1583-1654), avait commencé en 1606. Plus méticuleuse et systématique que son époux, elle enregistra de façon détaillée toutes les dépenses et recettes du ménage et poussa l’exactitude jusqu’à consigner les productions de la maisonnée ainsi que les cadeaux reçus des proches et des dépendants. Ce zèle se révèle aujourd’hui précieux pour l’historien, puisque les registres de...

This article presents an explication of the references to the history of the calculus in the first few pages of Chapter 4 of Deleuze's _Difference and Repetition_. In those pages, Deleuze uses anachronistic readings of the calculus to explain his theory of ontogenesis, beginning with the differential, dx, that is strictly nothing by itself but that establishes singular points in relation to other differentials. He builds from the differential to power series, showing a corresponding process of determination in the ontogenesis (...) as the mathematics moves from derivative to the so-called original function. (shrink)

I argue here that in the end Bourdieu's theory of practice fails to overcome the problem on which it expressly centers, namely, subject-object dualism. The failure is registered in his avowed materialism, which, though significantly "generalized," remains what it says: a materialism. In order to substantiate my criticism, I examine for their ontological presuppositions three areas of his theoretical framework pertaining to the questions of (1) human agency (as seen through the conceptual glass of the habitus), (2) otherness, and (3) (...) the gift. By scrutinizing Bourdieu's powerful and progressive social theory, with an eye to finding fault, I hope to show the need to take a certain theoretical action, one that is patently out of keeping with the usual self-presentation and self-understanding of social science. The action I have in mind is this: because the problem of subject-object dualism is in the first place a matter of ontology, in order successfully to address it there must take place a direct shift of ontological starting point, from the received starting point in Western thought to one that projects reality in terms of ambiguity that is basic. With this shift the dualism of subject and object dissolves by definition, leaving a social reality that, for reasons of its basic ambiguity, is best approached as a question of ethics before power. (shrink)

This article explores the ways in which predictive information technologies are used in the field of personalized medicine and the relations between this use and how patients and disease are perceived. This is examined in a qualitative case study of a personalized cancer clinical trial, where oncologists made clinical decisions for each patient based on drug matchings and efficacy predictions produced by bioinformatic technologies and algorithms. I focus on personalized practice itself, as a postgenomic phenomenon, rather than on epistemic, ethical (...) and institutional critiques. Personalized medicine aims to process molecular, clinical, environmental and social data into individually tailored decisions. In this case, however, the engagement of clinicians with data and digital artefacts that processed multiple information sources resulted in treatment choices that were paradoxically both immutable and uncertain. In contrast to the situatedness of the body in postgenomics, this practice subverted the personalized medical approach while decontextualizing both cancer and patients. (shrink)

Nondualism, ontology, and anthropology -- Anthropology and the synthetic a priori: Wittgenstein and Merleau-Ponty -- Blind faith and the binding of Isaac: the Akedah -- Excursus I: sacrifice as human existence -- Counter-sacrifice and instrumental reason: the Holocaust -- Bourdieu's anti-dualism and "generalized materialism" -- Habermas's anti-dualism and "communicative rationality" -- Technological efficacy, mythic rationality, and non-contradiction -- Epistemic efficacy, mythic rationality, and non-contradiction -- Contradiction and choice among the Dinka and in Genesis -- Contradiction in Azande oracular practice and (...) in psychotherapeutic interaction -- Epistemic and ethical gain -- Transcending dualism and amplifying choice -- Excursus II: what good, ethics? -- Anthropology and the generative primacy of moral order -- Conclusion: Emancipatory selfhood and value-rationality. (shrink)

This article explores some aspects of what has been termed ‘new contractualism’ in social policy, using the Norwegian policy on poverty and social exclusion as an empirical example. An important purpose is to identify how the move to new contractualism implies new modes of controlling behaviour and to explore the ethical legitimacy of this approach. Firstly, contractualism is seen in relation to some dominating discourses in Norwegian and European social policy over the last 20–30 years, emphasizing the importance of economic (...) considerations concerning the financial sustainability of the welfare state. Secondly, the article explores some implications of contractual modes of thought for balancing rights and duties in the welfare state, concluding that the principle of a welfare contract is a euphemism for a polity that basically imposes more obligations on the recipients of welfare services. Thirdly, it elaborates on the tension field between the possible democratic benefits of contractualism and more paternalistic consequences. Although relational contracts may enhance client-influenced service provision, paternal outcomes are likely, owing to the fact that such contracts are often used as instruments for behaviour-changing efforts (e.g. to create an economically active citizen). (shrink)

This article asks what is creative about the act of programming. Observing that in most programming contexts, each line of code is written with a specific end in mind, it would seem as though there is little room for creativity, as the ends constrain the choices of means. However, there are many features of coding languages that open up creative possibilities. Object-oriented coding environments purport to make programming more about structures that humans might work with and less about features of (...) computers, and other innovative coding techniques, such as RTTI design, suggest that there may be no limit to the creative possibilities of code. (shrink)

This article explores the question of what number is, demonstrating parallels between the Deleuzian notion of the differential as a dynamic moment of number and the intuitionist definition of number as a choice sequence. One conclusion offers a theory of mathematical progress, and suggests that this theory might be extended to domains outside of mathematics.

Abraham Joshua Heschel and Martin Buber were giant thinkers of the twentieth century who made significant contributions to the understanding of religious consciousness and of Judaism. They wrote on various subjects, such as the Bible, the commandments, Hasidism, Zionism and Christianity, and had much in common, though they also differed on substantial points. Of special note is the intense and fruitful interaction that took place between them. Until now, scholars have not undertaken a comparative analysis of Buber and Heschel as (...) eminent contemporary interpreters of the Jewish tradition. In this volume, Meir and Even-Chen have taken upon themselves the challenge of monitoring their agreements and disputes. (shrink)

Intergroup competition over resources is attested since the dawn of history. Written and archaeological evidence go back to at least the fourth millennium BC. According to accepted views, evolution has favored humans because of their ability to have cumulative cultures, which has made flexible adaptation possible. One major aspect of this adaptation has been the ability to handle power contests without engaging physical force. Instead, increasing prestige dynamics has allowed contest management by displaying symbolic assets. These have growingly been instrumental (...) in deterring external assaults, thus guaranteeing the possession – or expansion – of a group’s resources. However, while material assets are believed to create status by the evidence of their tangible usefulness (such as foods, husbandry and tools), symbolic assets are by definition subject to ongoing negotiation, entirely dependent on being socio-semiotically recognized as types of capital. Symbolic stock exchanges thus appear to have been determinative since antiquity in hierarchizing ethnic and political groups fighting over resources, prioritizing ones over the others. They have culminated in repertoires of more solid tangible and intangible assets, from impressive buildings, city gates, gardens and temples, to ideas such as freedom, quality of life and wealth, justice, personal security, or whatever values that have gained universal recognition. The article discusses the creation and expansion of such symbolic repertoires and their uncertain position in recent times. (shrink)

Maître de théologie, Gauthier de Château-Thierry a été chancelier de l’université de Paris de 1246 à 1249, et évêque de Paris pour quelque mois, avant sa mort cette année-là. Sa question sur l’office de prédication est la réflexion systématique la plus complète, au sujet de la réglementation de la prédication, que nous avons de cette époque. Elle parle de la prédication des femmes, laïcs, moines, excommuniés, pécheurs, maîtres de théologie, jeunes hommes, etc. L’édition critique est accompagnée d’une brève introduction sur (...) l’auteur et ses ouvrages, sur la tradition du traitement scolaire sur la prédication, et analyse certains points intéressants du texte. (shrink)

Les normes religieuses des Mongols s’ancraient dans le culte des ancêtres patrilinéaires, qui accordait une valeur supérieure au masculin, et assignaient aux individus des statuts et des rôles sexués, réservant en particulier aux hommes la sphère socio-politique. Elles ont orienté par la suite les pratiques bouddhiques des Mongols. Le régime révolutionnaire instauré en 1924 sur le modèle soviétique leur a substitué jusqu’à 1990 un nouveau modèle normatif neutralisant les différences sexuées entre citoyens, imposant l’égalité des droits politiques, promouvant l’accès des (...) femmes à l’éducation et à une activité sociale et professionnelle extérieure. L’urbanisation et l’industrialisation ont participé à la mutation du cadre socio-économique et des relations de parenté et affaibli l’emprise de la tradition sur les individus. Pourtant la valence différentielle des sexes n’a pas été aussi profondément remise en question qu’il y paraît, en particulier dans l’action politique, comme en témoigne a posteriori la société postcommuniste où la question de la subordination du féminin dans ce domaine reste d’actualité. (shrink)

6 - Human Cockfighting in the Squared Circle -- 7 - Perfect Praxis in Aikido -- Section III - Reflexivity, Self, and Other -- 8 - Tension, Reflection, and Agency in the Life of a Hausa Grain Trader -- 9 - Reflexivity in Intersubjective and Intercultural Borderlinking -- Section IV - Reflexivity, Democracy, and Government -- 10 - The Latent Effects of the Distribution of Political Reflexivity in Contemporary Democracies -- Postscript - Reflexivity and Social Science -- Index.

This article explores the role of touch in the human-computer interface, suggesting that touch is strangely completed by vision and abandons its usual haptic quality. The interface relies heavily on touch, but that touch never touches what it reaches for, instead presenting a dynamic of pointing rather than touching. The paper goes on to consider how this unusual mode of touch alters the way this sense operates in the computing context, possibly shaping cognition in relation to the interface.

This study aimed to elucidate the withdrawal behaviors syndrome (lateness, absence, and intent to leave work) among nurses by examining interrelations between these behaviors and the mediating effect of organizational commitment upon ethical perceptions (caring climate, formal climate, and distributive justice) and withdrawal behaviors. Two-hundred and one nurses from one hospital in northern Israel participated. Data collection was based on questionnaires and hospital records using a two-phase design. The analyses are based on Hierarchical Multiple Regressions and on Structural Equation Modeling (...) with AMOS. Affective commitment was found to mediate the relationship between different dimensions of nurses’ ethical perceptions (caring climate, formal climate, and distributive justice) and their intent to leave work. Lateness was found to be positively related to absence frequency which was found negatively related to intent to leave. Males were late more frequently than females, while seniority was related only to absence frequency. The findings indicated that each withdrawal behavior exhibits unique relationships. The results may help policy makers to focus on improving the ethical environment in order to increase nurses’ commitment and reduce their intent to leave. Improving the ethical environment may be achieved through ethical education for nurses which may promote ethical considerations becoming an integral part of nurses’ work. (shrink)