In response to the introduction of the Reformation in France, constituting a trauma for the royal power and the ecclesiastical personnel, Gallicanism was able to serve for conciliatory projects testifying to the attitude of ecclesiastical tolerance in the sense which is its own 16th century. It is then an opportunity to rethink the interactions between the king and the Church, but also the definition of Christianity. Indeed, ecclesiastical tolerance seems to support claims of autonomy of the Gallican Church as a (...) solution to the schism. What must then take precedence is the religious integrity of the kingdom. However, these projects were aborted, notably due to the closure of the Council of Trent. (shrink)

The expansion of the corpus of international human rights to include the right to water and sanitation has implications both for the process of recognizing human rights and for future developments in the relationships between technology, engineering and human rights. Concerns with threats to human rights resulting from developments in science and technology were expressed in the early days of the United Nations (UN), along with the recognition of the ambitious human right of everyone “to enjoy the benefits of scientific (...) progress and its applications.” This comment explores the hypothesis that the emerging concepts most likely to follow recognition of the human right to water primarily involve issues of science and technology, such as access to medicines or clean and healthy environment. Many threats to human rights from advances in science, which were identified in the past as potential, have become real today, such as invasion of privacy from electronic recording, deprivation of health and livelihood as a result of climate change, or control over individual autonomy through advances in genetics and neuroscience. This comment concludes by urging greater engagement of scientists and engineers, in partnership with human rights specialists, in translating normative pronouncements into defining policy and planning interventions. (shrink)

The article deals with the peculiarities of the development and implementation of educational policy in the context of the decentralization reform in Ukraine. The main purpose of the article is to identify the main directions and difficulties of the development and implementation of educational policy in the context of the decentralization reform in Ukraine. The objectives of the article are to summarize the data of the problem under study and to distinguish the specifics of educational changes. The methodological basis for (...) the study of educational policy includes general scientific methods of empirical and theoretical generalization, induction and synthesis, methods of comparative and legal analysis. Thus, the methods of empirical and theoretical generalization, in particular, are used to clarify the conditions, specifics and problems of the decentralization reform in Ukraine; deduction and induction, analysis and synthesis help to identify systemic problems in education. The result of the analysis is a theoretical understanding of the regulatory framework with the isolation of the problem points of the functioning of a decentralized educational system in Ukraine. It is determined that the main trend of modern educational policy is the commercialization of all aspects of education and training, which essentially delegitimizes the principle of equal access to quality education, which, in its turn, intensifies the search for adequate responses of the world and national educational spaces by the main stakeholders i.e. the state, commercial structures and civil society. Conclusion. It is concluded that the community and the state should jointly decide on the creation of strategic principles for reforming the educational process, monitoring its quality, strengthening the social protection of all participants, expanding the network of educational institutions, training and improving the skills of pedagogical and academic staff, and developing systems of labor motivation. The decentralized system of education functions through cooperation and coordination of the activities of many independent institutions, each of which has a legally defined scope of autonomy. Decentralization involves the creation of a governance system that, instead of vertical subordination, is based on the cooperation of independent institutions of different levels, governed by the provisions of the law. In Ukraine, this means that united communities, districts and regions will have autonomous, democratically elected bodies of local self-government, whose councils and executive bodies will act in accordance with the expectations of the local people who elected them. The autonomy of local authorities must be enshrined and guaranteed by law, and must be carefully defended by all stakeholders, including associations of local selfgovernment bodies. Particular attention is paid to the perspectives of implementing the concept of «New Ukrainian School» and the establishment of a network of reference schools. The components of the model of the «New Ukrainian School» should become a strategic basis for the development of a system of education in the united communities, which will cover not only the educational process but also the management of the entire educational network of the community as a whole. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 97 Unity and Reform: Selected Writings of Nicholas de Cusa. Edited by John P. Dolan. (Notre Dame, Indiana: University of Notre Dame Press, 1962. Pp. viii -I- 260. $6.50.) This volume was designed to serve both the cause of historical instruction and the cause of "unity and reform" as it has been stimulated by the present ecumenical movement and Council. Professor Dolan's Introduction emphasizes the practical (...) aspects of the Bishop's career, especially his efforts to combat the disintegration of the Respublica Christiana of the fifteenth century. He explains the Bishop's achievements, both ecclesiastical and philosophical, in terms of the problems of his own time. However, the reader soon discovers in the narrative of the Introduction as well as in the selections from Cusanus's works that the current revival of interest in this theologian and philosopher is due to the important bearing which he has on the Catholic efforts toward reunion and reform today. Only Book III of Learned Ignorance is included; then follow in their entirety Concerning Wisdom, The Vision of God or the Icon, Concerning Concord in Religious Belief (De Pace Fidei); and to illustrate Nicholas of Cusa's interest in mathematics and physics, the volume concludes with a dialogue on experiments in weighing. Hrne~a~T W. Sca~NEm~tt Claremont, California La cosmologie de Giordano Bruno. By Paul-Henri Michel. (Paris: Editions Hermann, 1962. Pp. 341.) Malgr~ les excellents travaux d~j~ publi~s (ceux d'Emile Namer, d'Augusto Guzzo et d'autres ~minents sp~cialistes bruniens), Giordano Bruno demeure une figure historique la lois tr~s c~l~bre et bien myst~rieuse au demeurant. L'exceUent ouvrage de Paul-Henri Michel rendra ainsi les plus grands services aux historiens de la pens~e qui se penchent avec curiosit~ sur la d~concertante p~iode de transition qui s~pare les philosophes de la Renaissance de l'av~nement en Europe d'attitudes proprement modernes devant la r~alit~ ext~rieure et l'homme. S'appuyant sans cesse sur les textes originaux de Bruno lui-mdme, pourvu d'un index complet, le bel ouvrage du Pr. Michel ne d~cevru passes lecteurs ~xudits. Comme il se dolt, rauteur commence par faire le point sur l'homme Bruno, s'attachant faire la distinction qui s'impose entre l'histoire et la l~gende--car la k~gende s'est empar ~e de ce philosophe, consid~r~ volontiers comme un athfie materialiste total ayant voulu d~truire la religion catholique, attitude louse ou vilipendfie selon clue Bruno sera vu comme un h~r~tique pervers ou, au contraire, comme un glorieux martyr de la "librepens ~" rationaliste. On appr~.iera tout sp~cialement les pages (p. 10 et suivantes) darts lesquelles M. Michel s'efforce de faire toute la lumi~re ~, propos du proc~s ecd~iastique de Giordano Bruno--sur lequel toute la lumi~re souhaitable n'avait pas encore ~t~ faite. Mais la majeure paxtie du volume est consacr~e ~ un expos~ m~thodique du syst~me du monde, telle clue l'~tude minutieuse de tousles textes accessibles permet de le structurer. En dix chapitres, l'auteur passe minutieusement--mais toujours d'une mani~re remarquablement logique et claire--les grandes articulations autour desquelles tourne toute la cosmologie brunienne: Le monde comme objet de connaissance, Cosmogonic, Ens mobile, LAme du Monde, La mati~re et l'univers infini, Le systkme solaire, Les mondes innombrables, L'univers vivant, Temps et dternit~. Le grand nombre des citations ~tendues faisant de cette belie ~tude une sorte de fort commode anthologie m~thodique de la pens~e brunienne. 98 HISTORY OF PHILOSOPHY I1 est incontestable que nous autres contemporains sommes toujours endins 5. voir en Giordano Bruno un penseur franchement "moderne," et le fait est qu'il brave volontiers, prenant intrdpidement parti pour le syst~me de Copernic, la philosophie scolastique et la th~ologie scripturaire; son grandiose hymne mdtaphysique 5. l'infini de l'univers et 5. la r6partition innombrable des syst~mes plan~taires rend be1 et bien un son r~volutionnaire pour son temps. Ce n'est d'ailleurs pas pour rien que Bruno rut mis 5. l'index pour... (shrink)

This edition of the journal includes, with an introduction and three commentaries, a recent joint statement from the British Medical Association, the Resuscitation Council (UK) and the Royal College of Nursing, on decisions relating to cardiopulmonary resuscitation (CPR).1 The statement was produced in response both to a professional need to decide when attempting CPR is and is not ethically appropriate, or indeed lawful (especially in the light of incorporation of the European Convention on Human Rights into UK law), and (...) also to public concern that such decisions have not always been made in concordance with the wishes of patients or people close to them. The guidelines it sets out reflect a broad consensus of current medicolegal views in the UK, include a variety of helpful and practical recommendations, and can be seen, in many respects, as a model of their kind. As a model of actual decision making however, they raise some problems. Model helps us understand the reality they represent by simplifying it, but in the process of simplification, aspects of the reality represented which do not fit in with the model may be left out or downplayed. Three such aspects identified by our commentators concern patient autonomy, quality of life judgments, and the role of families in decision making. In his commentary, Robin Gill argues that while “many of us cherish” the right to be properly informed before decisions about our treatment are made, such information “may become a burden for others when they are at their most vulnerable”. Being told about CPR, with the implication that a “do not attempt resuscitation” (DNAR) order is at least possible, may provoke “angst about death” in these vulnerable patients. The guidelines state that a competent patient's wish not to discuss resuscitation should be respected. But they also state that …. (shrink)

Confucian Concord: Reform, Utopia and Global Teleology in Kang Youwei's Datong Shu analyses the thought of the late Qing reformer Kang Youwei 康有為. His well-known Datongshu 大同書, conceived in 1884 and finally published in 1935, functions as a prism. The research interest of Federico Brusadelli, Lecturer in Chinese History at the University of Naples L'Orientale, reaches beyond Kang’s thought to the production of histories and their political relevance in the two last centuries. The author presents the Great Concord as an (...) early “global history” in which Kang developed his vision of the whole world’s past, present and future. That future would ultimately lead to the Age of Great Concord... (shrink)

The failure of the UN Security Council to adequately and effectively address the Syrian crisis has brought renewed scrutiny to the veto and its capricious use during mass atrocity situations. In response to these concerns, the idea of a code of conduct to regulate the exercise of the veto during humanitarian situations is now being increasingly advanced by several states, including France and the United Kingdom. This paper disputes the utility of such a code and argues that it would (...) not make any significant difference to the way mass atrocity crimes are addressed. I examine three core arguments often extended to justify the merit and the utility of the norm: the circumvention argument, the naming and shaming argument, and the Charter reform argument. I show how each of these arguments is undermined by mistaken notions about the norm's procedural effectiveness, and the role the veto plays in cases of what Simon Chesterman calls “inhumanitarian noninterventions.” Additionally, drawing on interviews conducted with diplomats at the United Nations in New York, I present evidence that resistance to a code of conduct comes not only from the permanent five members of the Council but also from the nonpermanent members, further imperiling the idea's capacity to effect change. Ultimately, I contend that the current global effort to curtail the influence of the veto is nothing more than a journey down the rabbit hole: exciting, but ultimately distracting. (shrink)

The third volume of Bucer's _Correspondance_ covers the years from 1527 to 1529. In this period the reformer played an increasing part in Strasbourg, while his renown started growing abroad. In Strasbourg he was put in charge of the St. Thomas parish, located closer to the city center. Along with his colleagues he appealed relentlessly to the City Council for a stricter moral discipline, for struggle against anabaptism and celebration of the mass, which was suspended on February 20, 1529. (...) Moreover he engaged in great activity in publishing five important biblical commentaries. Outside Strasbourg he intensified his evangelical propaganda in countries speaking romanic languages. His active involvement in the Berne disputation in January 1528 helped him make contact with the European Reformation. In the disastrous sacramentary strife he continued taking part in advocating concord between the protestant theologians. That is why he joined Philip von Hessen in setting up the Marburg colloquium. Faced with whose partial failure, he did his best to encourage Zwingli's project of a defensive alliance among evangelical cities in Switzerland and in the South-West of Germany, called the “Burgrecht”. (shrink)

The third volume of Bucer's _Correspondance_ covers the years from 1527 to 1529. In this period the reformer played an increasing part in Strasbourg, while his renown started growing abroad. In Strasbourg he was put in charge of the St. Thomas parish, located closer to the city center. Along with his colleagues he appealed relentlessly to the City Council for a stricter moral discipline, for struggle against anabaptism and celebration of the mass, which was suspended on February 20, 1529. (...) Moreover he engaged in great activity in publishing five important biblical commentaries. Outside Strasbourg he intensified his evangelical propaganda in countries speaking romanic languages. His active involvement in the Berne disputation in January 1528 helped him make contact with the European Reformation. In the disastrous sacramentary strife he continued taking part in advocating concord between the protestant theologians. That is why he joined Philip von Hessen in setting up the Marburg colloquium. Faced with whose partial failure, he did his best to encourage Zwingli's project of a defensive alliance among evangelical cities in Switzerland and in the South-West of Germany, called the “Burgrecht”. (shrink)

This paper problematises the ethics of genetic modification (GM) in sport by outlining the perspectives of four organisations which have recently spent time considering the subject: the International Olympic Committee, the World Anti-Doping Agency, the United States President’s Council on Bioethics, and the Australian Law Reforms Commission. The paper outlines scientific developments in genetic research, which might make realisable the genetic engineering of athletes. Subsequently, an overview of the varied perspectives of the four organisations is given, by articulating the (...) moral discourses which is present through each. Various arguments are recognised as having importance in reaching a conclusion about whether GM in sport should be legal or not. In particular, these arguments comprise concerns about safety, fairness, and moral character. It is suggested that reflective bioethical investigations can assist the development of a coherent ethical policy about genetics in sport, by informing sports ethics with a rich basis of literature dealing with such central concepts as personhood, autonomy, and humanness. In conclusion, it is argued that sport ought not approach GM in a comparable manner to how it has approached doping, as GM entails a much wider breadth of ethical implications, often unrelated to sport. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:RECENT BARTHIANA 1 JOHN D. GODSEY Wesley Theological Seminary Washington, D.C. N 0 ONE CAN responsibly do theology today without reckoning with the prodigious legacy of Karl Barth, the Swiss Reformed theologian who was born in 1886, began theological studies in 1904, entered a full-time pastorate in 1911, taught dogmatics successively at Gottingen, Munster, Bonn, and Basel between 1921 and 1962, and died in 1968. From his electrifying Commentary (...) on Romans through his multivolumed but unfinished Church Dogmatics he wrote unceasingly in the areas of exegetical, historical, ethical, practical, and dogmatic theology, and ventured from time to time into the realms of politics and culture. Helper in organizing textile workers while pastor in Safenwil, questioner of major assumptions of neoProtestant liberal theology, spiritual leader of the German Confessing Church's struggle against Nazism, principal author of the Barmen Confession, participant in the 1948 Amsterdam Assembly of the World Council of Churches, and invited guest of Pope Paul VI in Rome in 1966-these are some of the highlights of Barth's colorful career. The books under review provide impressive testimony to Barth's ongoing significance for modern theology. One is a work 1 Karl Barth, The Gottingen Dogmatics: Instruction in the Christian Religion, vol. I, trans. Geoffrey W. Bromiley (Eerdmans, 1991). 490 pp. $39.95 cloth. George Hunsinger, How To Read Karl Barth: The Shape of His Theology (Oxford Univ. Press, 1991). 298 pp. $32.50 cloth. John Macken, S.J., The Autonomy Theme in the Church Dogmatics: Karl Barth and his Critics (Cambridge Univ. Press, 1990). 232 pp. $54.50 cloth. S. W. Sykes, ed., Karl Barth: Centenary Essays (Cambridge Univ. Press, 1989). 171 pp. $39.50 cloth. 269 270 JOHN D. GODSEY by Barth himself, two grew out of doctoral dissertations, and the other contains interpretative essays by five theologians who wished to honor Barth on the occasion of his centenary year in 1986. To appreciate properly the surprising appearance of Barth's Gottingen Dogmatics requires a bit of history. After ten years as a pastor in the village of Safenwil in north-central Switzerland, Barth was called in 1921 to be "Honorary Professor of Reformed Theology" on the theological faculty of the University of Gottingen in Germany. Having neither doctorate nor teaching experience, he was offered the cp_air on the basis of the first edition of Romans ( 1919) with the expectation that he would represent the Reformed tradition in this German Lutheran stronghold. During his first years he presented exegetical lectures on biblical texts as well as historical lectures that would help him learn his own tradition: the Heidelberg Catechism, Calvin, Zwingli, the Reformed Confessions, and Schleiermacher. Not until 1924-25 did he dare attempt to lecture on dogmatics, and even then he was not allowed to use the title "dogmatics," which was reserved strictly for Lutherans, so he chose to name his lecture series " Instruction in the Christian Religion," recalling Calvin's chief work, Institutio religionis christianae. Unlike his second cycle of lectures in Munster in 1926 (published as Prolegomena to Die Christliche Dogmatik in 1927) and the magisterial Church Dogmatics that began in 1932, these first lectures on dogmatics were never published during Barth's life time. Preserved in his own handwriting, they were edited and finally made public in 1990 in the Swiss edition of his Collected Works. The first of two volumes has now appeared in English and comprises four of seven chapters : three on the doctrine of the Word of God (as Revelation, as Holy Scripture, and as Christian Preaching) plus one on the doctrine of God. Three other major loci (Anthropology, Reconciliation, and Redemption) will appear in Volume Two. Professor Daniel L. Migliore of Princeton Seminary has written a 48-page Introduction to the whole, which provides brilliant insights into Barth's theology and points RECENT BARTHIANA 271 out the particular characteristics and peculiarities of this first (and only completed!) set of lectures on dogmatics. Why should one read the Gottingen Dogmatics rather than, say, the Church Dogmatics? First, Barth's basic theology, at least the lineaments thereof, is to be found here in what is perhaps its most accessible form; in relatively short compass he sets forth his... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 97 Unity and Reform: Selected Writings of Nicholas de Cusa. Edited by John P. Dolan. (Notre Dame, Indiana: University of Notre Dame Press, 1962. Pp. viii -I- 260. $6.50.) This volume was designed to serve both the cause of historical instruction and the cause of "unity and reform" as it has been stimulated by the present ecumenical movement and Council. Professor Dolan's Introduction emphasizes the practical (...) aspects of the Bishop's career, especially his efforts to combat the disintegration of the Respublica Christiana of the fifteenth century. He explains the Bishop's achievements, both ecclesiastical and philosophical, in terms of the problems of his own time. However, the reader soon discovers in the narrative of the Introduction as well as in the selections from Cusanus's works that the current revival of interest in this theologian and philosopher is due to the important bearing which he has on the Catholic efforts toward reunion and reform today. Only Book III of Learned Ignorance is included; then follow in their entirety Concerning Wisdom, The Vision of God or the Icon, Concerning Concord in Religious Belief (De Pace Fidei); and to illustrate Nicholas of Cusa's interest in mathematics and physics, the volume concludes with a dialogue on experiments in weighing. Hrne~a~T W. Sca~NEm~tt Claremont, California La cosmologie de Giordano Bruno. By Paul-Henri Michel. (Paris: Editions Hermann, 1962. Pp. 341.) Malgr~ les excellents travaux d~j~ publi~s (ceux d'Emile Namer, d'Augusto Guzzo et d'autres ~minents sp~cialistes bruniens), Giordano Bruno demeure une figure historique la lois tr~s c~l~bre et bien myst~rieuse au demeurant. L'exceUent ouvrage de Paul-Henri Michel rendra ainsi les plus grands services aux historiens de la pens~e qui se penchent avec curiosit~ sur la d~concertante p~iode de transition qui s~pare les philosophes de la Renaissance de l'av~nement en Europe d'attitudes proprement modernes devant la r~alit~ ext~rieure et l'homme. S'appuyant sans cesse sur les textes originaux de Bruno lui-mdme, pourvu d'un index complet, le bel ouvrage du Pr. Michel ne d~cevru passes lecteurs ~xudits. Comme il se dolt, rauteur commence par faire le point sur l'homme Bruno, s'attachant faire la distinction qui s'impose entre l'histoire et la l~gende--car la k~gende s'est empar ~e de ce philosophe, consid~r~ volontiers comme un athfie materialiste total ayant voulu d~truire la religion catholique, attitude louse ou vilipendfie selon clue Bruno sera vu comme un h~r~tique pervers ou, au contraire, comme un glorieux martyr de la "librepens ~" rationaliste. On appr~.iera tout sp~cialement les pages (p. 10 et suivantes) darts lesquelles M. Michel s'efforce de faire toute la lumi~re ~, propos du proc~s ecd~iastique de Giordano Bruno--sur lequel toute la lumi~re souhaitable n'avait pas encore ~t~ faite. Mais la majeure paxtie du volume est consacr~e ~ un expos~ m~thodique du syst~me du monde, telle clue l'~tude minutieuse de tousles textes accessibles permet de le structurer. En dix chapitres, l'auteur passe minutieusement--mais toujours d'une mani~re remarquablement logique et claire--les grandes articulations autour desquelles tourne toute la cosmologie brunienne: Le monde comme objet de connaissance, Cosmogonic, Ens mobile, LAme du Monde, La mati~re et l'univers infini, Le systkme solaire, Les mondes innombrables, L'univers vivant, Temps et dternit~. Le grand nombre des citations ~tendues faisant de cette belie ~tude une sorte de fort commode anthologie m~thodique de la pens~e brunienne. 98 HISTORY OF PHILOSOPHY I1 est incontestable que nous autres contemporains sommes toujours endins 5. voir en Giordano Bruno un penseur franchement "moderne," et le fait est qu'il brave volontiers, prenant intrdpidement parti pour le syst~me de Copernic, la philosophie scolastique et la th~ologie scripturaire; son grandiose hymne mdtaphysique 5. l'infini de l'univers et 5. la r6partition innombrable des syst~mes plan~taires rend be1 et bien un son r~volutionnaire pour son temps. Ce n'est d'ailleurs pas pour rien que Bruno rut mis 5. l'index pour... (shrink)

This brief study is to examine whether some legal questions do influence the administrative control in general and more particularly the administrative control of merged municipalities. First are analysed the propositions aiming the administrative control in the new local government act as proposed by the Association of Belgian Towns and Villages. It says that administrative control must not be excessivily hindering. It would rather change the control phylosophy and procedures in order to relieve the administrative control. The two important State (...) Reform Acts of 8 and 9 august 1980 present in fact major institutional changes concerning the administrative control. The Flemish and the Walloon regions obtain the competence to organise the procedures and to exercise the administrative control with regard to provinces, towns, villages and agglomerations. After revision of article 108 of the Constitution in 1980opportunity-control of administrative acts is maintained and the exercise of the autonomy of action must take place in harmony with the jurisprudence of the «Council of State». Finally, comparison between theFrench Act of March 2nd, 1982 about decentralisation of administrative control in France and the opportunity-control in Belgium is made. (shrink)

Craig, Barry M Review of: Vatican council II: Reforming liturgy, by Carmel Pilcher, David Orr and Elizabeth Harrington, eds., pp. xxviii + 307, $49.95.

continent. 2.3 (2012): 218–223 Vijay Prashad. Arab Spring, Libyan Winter . Oakland: AK Press. 2012. 271pp, pbk. $14.95 ISBN-13: 978-1849351126. Nearly a decade ago, I sat in a class entitled, quite simply, “Corporations,” taught by Vijay Prashad at Trinity College. Over the course of the semester, I was amazed at the extent of Prashad’s knowledge, and the complexity and erudition of his style. He has since authored a number of classic books that have gained recognition throughout the world. The Darker (...) Nations , a peoples’ history of the Third World, sent defibrillating shockwaves through an academic world that had almost forgotten the epic scope and historic dignity of the non-aligned movement and post-colonial struggles. In his recent, award-winning work, Arab Spring, Libyan Winter , Prashad delves into his capacious knowledge of the Third World to excavate the discourses and narratives surrounding the upheavals of 2011. “Revolutions have no specific timetable,” states Prashad in the opening line of this exciting and provocative look at contemporary events. Instantly, an atmosphere of suspense emerges. The reader is alerted to the problem of history. Does the making of history then involve a suspension of historical time, or is it a continuous narrative structure into which events must eventually be integrated? Arab Spring, Libyan Winter shows that the answer to the question, “How is history made?” lies just as easily in the asking. The first half of the book works through the events that transpired to bring about the explosive popular uprisings of Arab Spring: Tunisia and Egypt, Yemen and Bahrain. But the events are not put together in a cohesive, chronological fashion. Using an uncommonly gripping style more akin to the folk-story motif of the djeli than to traditionally Orientalist academia, Prashad suspends a given situation, points out its components, and traces back the characters and genealogies that define each link before resuming a narrative. Every moment is an end to itself, and an origin of something different. Thus, the making of history becomes the suspension of its own progress, it’s catastrophic 'stability,' in a process of differentiation through inclusion. Empirically, one might suggest that history is a condition of time, and by extension, of the subject, but history is also an eminent producer of the Subject and her concept of time through memory and narrative. Hence, history is often overdetermined by a dominant narrative of the sovereign. The apparently chaotic composition of Prashad’s historicity is, then, an interstitial morphology of resistance. It illustrates that the time to act for the revolutionary lies in the gaps within the dominant historical realities. It points out the sorties of signifiers constituting nothing in the obliterated ruins of history. Through such illuminations, Arab Spring, Libyan Winter breaks through “the surface of history” to elaborate revolution’s snapping synapses, exploding interruptions and breaches, connecting flows. Messianic Politics It is tempting to think, 'History is either singular, or it is diffuse. It is either one coherent factual narrative, or it is comprised of the aletheia of the multitude.' Yet the reader finds Prashad examining the structure of history on multiple levels. For Prashad, world history is shaped by geographically defined political movements, such as communism or national liberation, with historical agents like the working class for the former and the nationalist militant for the latter. Religion, however, is another matter: “Religion has an unshakable eschatology which a post-utopian secular politics lacks.” Within the telos of religion, there appears on the horizon the image of Benjamin’s thoughts on messianic time—time as “a small fissure in the continuous catastrophe,” a break with history, may contain an ultimate redemption of the human beyond the political power struggle. Succoring the split between geo-political and utopian-religious (messianic) time in the context of Arab Spring, Prashad indicates that the base of “the deep desire and commitment to some form of democracy” is forged by the affinity between eschatological Islamist politics with the People. To think about the Subject of messianic time in the context of the lack of a “coherent timetable” for emancipatory politics, it is perhaps best to return to the modern tradition of Martin Luther King, Jr., whose prefigurative blending of liberation theology and emancipatory politics became most important during his works of 1963, the climactic year of “The Letter from a Birmingham Jail,” the March on Washington, and the bombing of the 16th Street Baptist Church. In “The Letter,” King states the point bluntly: Frankly, I have yet to engage in a direct-action campaign that was “well timed” in view of those who have not suffered unduly from the disease of segregation. For years now I have heard the word “wait!” It rings in the ear of every Negro with piercing familiarity. This “Wait” has almost always meant ‘Never.” We must come to see, with one of our distinguished jurists, that “justice too long delayed is justice denied.” The timing of rebellious action must not be a part of history. It must change history. The kairos appears spontaneous and untimely in its convulsive, shocking presence, yet it is, deeper still, a path, a longue durée , forged through diligent and rigorous praxis. King put a finer point on the path of historic liberation in his declaration in his 1963 speech at Western Michigan University: “[T]ime is neutral.... Somewhere along the way we must see that time will never solve the problem alone but that we must help time. Somewhere we must see that human progress never rolls in on the wheels on inevitability. It comes through the tireless efforts and the persistent work of dedicated individuals who are willing to be co-workers with God. Without this hard work, time itself becomes an ally of the insurgent and primitive forces of irrational emotionalism and social stagnation. We must always help time and realize that the time is always right to do right.” Time, then, exists in “the neutral,” while action must turn to the kairos , not only of taking time, but taking the right time. By turning our relation to time into kairos , we move time from its context within history to a duration between histories—the longue dure?e of Messianic time. The implementation of neutrality in this context suggests a broad space of time to extend through the valley of positive and negative. In Roland Barthes’s lectures from 1978, the neutral takes place in this minimal distance of non-conflict that exists outside of two extremes. It is, in the words of Maurice Blanchot, “the non-general, the non-generic, as well as the non-specific.” For Blanchot, the neutrality of time permeates life as death, impassive and beyond control; such is the neutrality of messianic time, which permeates the charge of history, changing the "I" into the "one." The neutrality of time therefore implicates history in a case against extremism, showing that the work of the radical is not to tend to any particular side, but to have the time to navigate through the terrible terrain of history by altering its course, its patterns and rhythms of movement, connection, sociality. Hence, one does not simply “make history,” one alters the course of history in accordance to “the right time.” The historical path toward emerging power is transmitted as a gesture to the outside of history, against history; a gesture as simple as reaching out. Thus a counterhistory, to use Foucault’s term, is brought forward as the guide of time past a point of no return, a Rubicon, the point where the normal path of history falls to the past. The subject, who must be the only true agent of history, facilitates time through helpfulness, and both the Subject and her history become decentered in relation to one another. Yet history negates the neutrality of time. As Barthes discloses, although the neutral is the “thought and practice of the nonconflictual, it is nevertheless bound to assertion, to conflict, in order to make itself heard.” Engaged with history, time is charged with a destiny, and becomes an opposition. As Prashad insists, “For Arab lands, the events of early 2011 were not the inauguration of a new history, but the continuation of an unfinished struggle that is a hundred years old.” The emergence of the Subject during Arab Spring did not conceive of a new history, but changed the path of history toward a different destiny. “Historical grievances combined with inflationary pressures now met with the subjective sense that victory might be at hand—this was not simply a protest to scream into the wind, but a protest to actually remove autocrats from their positions of authority. The facts of resistance had given way to the expectation of revolutionary change.” The negativity of this charge toward “revolutionary destiny” rendered control, as a positive force, seriously lacking. The lack of control lies in the problem that the Subject is not totally detemporalized or timeless, but untimely in her presence. The Subject is untimely, because her work is visionary, and it is only through such visionary work that the Rubicon can be crossed. Still, the crossing of this border is haunted by anxiety over an impending disaster that lays in wait. It is only through the form of what Benjamin calls divine violence, captivated not with the justice of the means, but the ends—the transformation of history—that a revelation of history’s traumatic foundations can be liberated, and patterns and rhythms of time developed throughout obscured traditions awakened. In this situation, the Subject appears to be outside of right, but setting the state to rights. Because her position is correct, in-so-far as the rebelling subject rebels due to a lack of recognition, her representation appears outside of the norm, which is mistaken as right. Therefore, such visionary work must be carried out through obscured traditions, underground, away from the surveillance of empire. Explaining his method from the start along the lines of Marx’s metaphor of the mole, Prashad insists, “It is the burrowing that is essential, not simply the emergence onto the surface of history.” Arab Spring, Libyan Winter is a book on uncharted networks of time, spread out over the 252 pages like an elaborate spider’s web of passages intertwining with and overwhelming the machinery of the state. Although untimely, Arab Spring was not a flash in the pan, or a Facebook or Twitter revolution. Prashad notes that the government’s suspension of these tools led to further radicalism by furthering communications through face-to-face encounters. In existential terms, Arab Spring might be thought of as a revolution of Being over techne , an uprising of the unchartable, infinite potential of the Other. The name of this Other is found in Chance. The faith of the revolution lies in the proper decentering of the subject, its giving to the Other of time, for only with respect to time does history actually appear on the horizon of the subject, rather than as an imposition. This time of historical agency appears as a moment when anything can happen—a revolutionary truth event where everything comes into question while being realized in its Otherness as a community of the people begins anew in the streets amidst discourse, friendship, reconfigurations of hegemony, and a becoming of a constituent power. Throwing a wrench into the gears of the “cobwebbed tradition” of Orientalism, the decentering of history in Arab Spring, Libyan Winter is a defining quality of its impassioned revolutionary cry. But perhaps the most paradigmatic points of the book emerge from the unexpected voices. To make the connection between the particular manifestations of revolutionary demands to the general historic terms of revolution, Prashad quotes an anonymous young Egyptian in Tahrir Square, who reminds us, “[T]he French Revolution took a very long time so the people could eventually get their rights.” Far from timelessness, the historicization of Arab Spring must exist precisely within the most uncanny appearance of time, as something that does not appear to come from the natural state of time as we know it, but in arriving has completely transformed the way that we understand time. Strange Monsters Revolution is never as simple as a revolt from below against a rusting structure of elites trying to remain in power. As with the French Revolution, Arab Spring consisted of complex familial ties, outside interests, and religious factions fighting alongside, often in awkward juxtaposition to, liberals, working class parties, farmers, and students. It is perhaps because of this historically difficult and incongruous composition that the Arabic word for revolution is thawra , referring to the image of the bull, or thawr , which has religious significance as a pagan deity for the Ancient Semitic tribes and Cartheginians. If Daniel Guérin was correct in saying, “Anarchism and Marxism drink from the same spring,” then it is quite a different oasis that drove the thirsty beast of revolution through what Prashad calls, “the Libyan labyrinth.” Recalling Bataille’s Acéphale, the intestinal labyrinth gains significance as the mode of metabolism and rumination in which, “(the Acephale) has lost himself, loses me with him, and in which I discover myself as him, in other words, as a monster.” Unraveling the discourse of the revolution, the flows of power and hegemony—from Qaddafi’s nationalist coup in 1969 to the wars with Chad from 1978 to 1987, the neoliberal reforms of the 1990s to, finally, the War on Terror—we find that the metabolic process of Libyan Winter ends in the production of oil. In a process of what Prashad calls “involution,” Qaddafi’s bellicose policies, along with his attempts to nationalize Islam together with oil, mutated the source of his power, turning his house against itself. Already a divided nation, with its two major cities on opposite geographic sides of the country, Libya became split between two opposed political powers—liberal reformists and staunch nationalists—as Qaddafi’s political disengagement manifested through what can only be described in psychoanalytic terms as a recursive passage a l’act (mysteriously calling Wikipedia “Kleenex,” declaring that opponents drank hallucinogens with their instant coffee, and so on). Prashad declares, “The mercurial style that Qaddafi adopted was not about his personality alone, but also a leader’s natural response to a system that relied upon power brokers whose own loyalty… did not have any ideological commitment to the system.” As in the case of other nations during Arab Spring, the true expression of revolt was an outward exposition of what had inwardly been happening in microcosmic societies throughout the realm—from indigenous tribes to political parties, for a century, the people, partly motivated by (and in resistance to) economic impositions of development, had been changing the traditional social compositions and participating in what Ruth Wilson Gilmore calls, “the relative autonomy of the movement from the leaders.” It was this empowerment of political reconfigurations taking place under the context of new democratic assemblages that shocked the elites and evoked such a powerful response. Unlike Qaddafi’s awkward policy choices and rants, real acts of power from the West were clear and decisive. Prashad sets the stages of war and diplomacy, far removed from the deserts, mountains, and cities that forged the backdrop of popular politics. Taking place under the now-classic architecture of the “four pillars” of US interests—oil, the War on Terror, Israel, and the circumvention of Iranian hegemony—we find elites rubbing elbows in “Heliopolist cocktail parties and hushed conferences in Kasr al-Ittihadiya” as well as the Concorde-Lafayette hotel in Paris, which provides the setting for a meeting of anti-Qaddafi figures consolidating their power. These scenes are buttressed with the careful portraiture of key historical actors. As Prashad brings the stage of history to life, we find the diplomats and liberals like Frank Wisner, whose career has brought him from Enron in the late 1990s to the Obama Administration, under the aegis of which he was meeting with Mubarak about military support during Arab Spring. We spy the provocateurs, for instance, gauche cavalier , Bernard Henri-Levy, who telephones Sarkozy from Benghazi about the need for more NATO air strikes. We follow the rebel military establishment as it suffers mysterious deaths and even more mysterious assents (like that of apparent CIA cohort, Khalifa Hifter). In each of these intriguing characters, we find different representations of the security state biopolitique: an oil-injected reification that drives Arab Spring from the resentment of rising food prices to the brink of implosion in Libyan Winter. Reminiscent of the scenes of Cold War soirées represented in old Bond films, the aristocratic fight for oil against democracy that was Libyan Winter presents a harsh truth that the new global crisis is simply the continuation of the old history: the global exploitation of capitalism waged against the imagination of the people. As Benjamin laments, “The labyrinth is the right path for the person who always arrives early enough at his destination. This destination is the marketplace.” Yet, “(t)he labyrinth is the habitat of… a humanity (a class) which does not want to know where its destiny is taking it.” Thus, the labyrinth leads, like the desert, only further into itself. As Blanchot explains, “The desert is even less certain than the world; it is never anything but the approach to the desert.” Only the visionary can take time out of the involution toward oblivion. It is here, in this approach to and escape from history, that we find ourselves within Benjamin’s Golgotha, Blanchot’s desert: A space of indeterminate uncertainty where we become familiar only with our own exile. Blanchot writes, “For the moderated and moderate man, the room, the desert, and the world are strictly determined places. For the man of the desert and the labyrinth, devoted to the error of a journey necessarily a little longer than his life, the same space will be truly infinite, even if he knows that it is not, all the more so since he knows it.” The desert, as allegory, provides an eschatology, a mortality in the destiny of Arab Spring. But any allegory of nature might lead to a labyrinthine eschatology (for example, in Bachelard, the forest presents "a limitless world"); the prescience of the untimely is always an uncanny acceptance of the infinite within the finite—the outside of what is understood. Transgenerational and occupied with the image of the future, the untimely makes otherness its home as it proceeds toward liberation. In the work of helping time navigate this dangerous passage of history, Prashad illustrates that the more violent break with history may have occurred in the peaceable struggles of Tahrir Square, and not in the military clashes of Qaddafi with his former Generals who defected to the CIA and NATO countries. It might be possible to suggest, then, that in the case of Tunisia and Egypt, the historical subject of the people was drawn together in a Dionysian dance of different rhythms in the marvelous realm of the ancients, while we fear that the case of Libya suggests an Apollonian future where time, itself, may lay dying under the machinic hand of history. The properly Nietzschean inversion would follow: time is dead, for history has killed it. Yet, if time is dead, struck down in Golgotha, exposed in the desert, mauled by the thawra , it is only in the present sense that it is rendered impossible outside of the context into which the untimely has thrown us. Thus, if history becomes an art of revolution, life as being-towards-death (death as the provocation of the neutrality of time) becomes what Benjamin calls “the allegory of resurrection” through the glorious ruins of history. Prashad ends his work with a rousing finale: “The time of the impossible has presented itself. In Egypt, where the appetite for the possibilities of the future are greatest, the people continue to assert themselves into Tahrir Square and other places, pushing to reinvigorate a Revolution that must not die… For them the slogan is simple: Down with the Present. Long live the Future. May it be so.&rdquo. (shrink)

Historians have generally concluded that the Council of Constance, although it successfully ended the Great Schism by reuniting the church, failed in its effort to reform the church. The council's negotiations concerning papal taxation of the clergy have often been singled out as an example of incomplete and abortive reform efforts: those reforms that were enacted were merely cosmetic; the rest failed because the cardinals and the newly elected pope were able to outmaneuver the reformers by exploiting the (...) divisions among the nations at the council. I intend to challenge this interpretation by arguing that the council did enact major reforms of papal taxation. Further, I will show that papal opposition was not the sole or even the principal cause for the failure of other proposed tax reforms, and that the national divisions at the council were generally significant only when they coincided with other, more concrete differences of interest. (shrink)

Resumo O objetivo deste artigo será de analisar a atuação da Confederação Católica do Trabalho junto aos trabalhadores de Belo Horizonte, entre 1919 e 1930. Para tanto, são consideradas a prática discursiva católica, a luta por direitos e por melhores condições de vida e a mediação dos conflitos entre capital e trabalho. A entidade, orientada pela encíclica Rerum Novarum , foi a difusora do catolicismo junto aos trabalhadores de Belo Horizonte. A metodologia da análise do discurso é utilizada com o (...) objetivo de perceber o papel das práticas discursivas católicas e a inserção do catolicismo entre os trabalhadores de Belo Horizonte. As fontes nucleares da pesquisa são O Operário e os Annaes do Conselho Deliberativo de Bello Horizonte . Críticas comumente feitas que atribuem a esse tipo de ação reformista a responsabilidade por um movimento operário pouco autônomo ou "amarelo" são contrariadas. Tentamos demonstrar que a estratégia sindical reformista católica buscou atender às demandas urgentes dos trabalhadores: jornada de oito horas, descanso dominical e habitações. Palavras-chave: Reformismo; Discurso católico; Catolicismo e trabalho.This article analyzes the performance of the Catholic Labor Confederation with workers in Belo Horizonte between 1919 and 1930. For such, it focuses on the Catholic discourse practice, the struggle for rights and better conditions of life, and the mediation of conflicts between capital and labor, with basis on Pope Leo XIII's encyclical Rerum Novarum , which diffused Catholicism among Belo Horizonte workers. The discourse analysis methodology aims at grasping the role of Catholic discourse practice and the penetration of Catholicism among those workers. The research sources are O Operário ("The worker") and the Annaes do Conselho Deliberativo de Bello Horizonte ("Annals of the Belo Horizonte Deliberative Council"). Criticism attributing to that kind of reformist action the responsibility for little autonomy in the workers' movement - a "yellow" movement, so as to say - is groundless. The author attempts to demonstrate that the reformist trade union strategy tried to meet the workers' urgent demands: eight hours' work daily, Sunday rest and housing. Key-words: Reformism; Catholic discourse; Catholicism and labor. (shrink)

ABSTRACT Cornelius Castoriadis is one of the most important democratic thinkers in the second half of the twentieth century, and his theory of autonomy and the self-instituted character of society are fundamental to many post-Marxist theories of democracy. The role of the council system in Castoriadis' work, though, has rarely been investigated, and his analysis of the twentieth century workers' councils of has seldom been connected to his important concepts of autonomy and the instituting power. The article remedies this (...) lack of engagement with Castoriadis' analysis of the council system and argues that the emergence of workers' councils in Castoriadis' own lifetime, during the Hungarian Revolution of 1956, provided a crucial impetus for his formulation of a theory of autonomy. Moreover, the article argues that the role of the council system in Castoriadis' work provides a privileged vantage point in order to nuance the critique – voiced by for example Jürgen Habermas and Claude Lefort – that Castoriadis exclusively valorise constituent politics without properly appreciating the importance of ordinary politics. Contrary to this interpretation, the article demonstrates how Castoriadis look to the councils to understand how democratic politics entails both freedom to act anew and the need for institutional structure. (shrink)

This article begins by examining what is meant by the Catholic Reformation and how it relates to the other frequently used term, Counter–Reformation. It then discusses the different ways Catholics and Protestants in the early 16th century understood ecclesial reform. Next there is a consideration of the call for a general or ecumenical council to resolve the differences between the Catholics and Protestant reformers; the reasons for the delay of the council; and the reasons why the Protestants did (...) not participate. The article then provides a summary of the three main periods of the Council of Trent: 1545–1547; 1551–1552; and 1562–1563 along with the 1547–1549 Bologna period. This is followed by a detailed overview of the reforms of the council, which were both doctrinal and disciplinary. The article shows that, while abuses related to various Catholic practices and the sacraments were addressed, the main concerns in the various disciplinary decrees related to clerical corruption and immorality. The article addresses the need for bishops to reside in their dioceses; stop clerical corruption, greed, and nepotism; and establish seminaries for the proper formation of priests. After the review of the disciplinary reform decrees, attention is given to the Catechism of the Council of Trent that served as a resource for parish priests in their instruction of the faithful. The final section considers viewpoints of different historians regarding the effect of the Council of Trent on reform within the Catholic Church. (shrink)

Kant has long been taxed with an inability to explain the detailed normative content of our lives by making universalizability the sole arbiter of our values. Korsgaard addresses one form of this critique by defending a Kantian theory amended by a seemingly attractive conception of practical identities. Identities are dependent on the contingent circumstances of each person's world. Hence, obligations issuing from them differ from Kantian moral obligations in not applying to all persons. Still, Korsgaard takes Kantian autonomy to mean (...) the normativity of all obligations is rooted in universalizability. The wealth of values informing our lives is thus said to be accommodated within a Kantian framework.After briefly explaining Korsgaard’s understanding of practical identities and their role in her reformation of Kant's moral philosophy, I argue that she gives an inadequate explanation of how the obligations that arise from a person’s practical identities derive their authority from the person's will. I then consider how her position might be developed to meet this objection in accordance with her allegiance to “constructivism” and I argue that the epistemic commitments of people’s actual identities makes it unlikely that such a development could preserve Kantian autonomy as she interprets it. (shrink)

Kant has long been taxed with an inability to explain the detailed normative content of our lives by making universalizability the sole arbiter of our values. Korsgaard addresses one form of this critique by defending a Kantian theory amended by a seemingly attractive conception of practical identities. Identities are dependent on the contingent circumstances of each person's world. Hence, obligations issuing from them differ from Kantian moral obligations in not applying to all persons. Still, Korsgaard takes Kantian autonomy to mean (...) the normativity of all obligations is rooted in universalizability. The wealth of values informing our lives is thus said to be accommodated within a Kantian framework.After briefly explaining Korsgaard's understanding of practical identities and their role in her reformation of Kant's moral philosophy, I argue that she gives an inadequate explanation of how the obligations that arise from a person's practical identities derive their authority from the person's will. I then consider how her position might be developed to meet this objection in accordance with her allegiance to “constructivism” and I argue that the epistemic commitments of people's actual identities makes it unlikely that such a development could preserve Kantian autonomy as she interprets it. (shrink)

This article presents an analysis of the journey of the Dutch Reformed Church back into the ecumenical fellowship of the World Council of Churches. The first part contains a brief historical review of the relationships between the WCC and the Dutch Reformed Church family, underlining the fact that the Dutch Reformed Church family in South Africa is a founding member of WCC and that it was never excluded from WCC fellowship; rather, this church itself resigned membership in the WCC (...) after the Cottesloe Consultation at the pressure of the South African government of that time. The last part presents in detail the process of the readmission of the Dutch Reformed Church into the WCC fellowship as well as the way this church was active in the WCC after readmission. (shrink)

The Second Vatican Council, taking into account the modern needs of mankind, called for the mutual tolerance of denominations, reforms and compromise in church traditions and practices. This was a response to the practical life of the Ukrainian church in the diaspora. For the Eastern Churches, the Council adopted a separate Decree "The Constitution for the Eastern Churches" 1, on the basis of which a conference of the UCP bishopric, led by the Supreme Archbishop Joseph Slipy, was convened (...) on December 14, 1966 in Rome. It discussed a number of issues, including the case of Divine Liturgy, the liturgical language, the introduction of the Ukrainian spoken language, some reductions in the Service of God, and the reformation of church singing. It was for this purpose that the dioceses established Liturgical Commissions, in particular at the Chicago Department in the United States, which included the musicologist, composer, and musical culture activist of the Diaspora Myron Fedorov. One of the tasks of the commission was to preserve the traditional self-made singing, so that he "did not disappear, but he lived and developed under different kinds: single-handed, double-voiced or in choral works, which most would be out of the richness and beauty of our rite". (shrink)

This article will examine the role the first four ecumenical councils played in the controversial enterprises of John Jewel (1522-71) as well as two later early modern English theologians, Richard Hooker (1553-1600) and George Carleton (1559-1628). In three different polemical contexts, each divine portrays the councils as representing definitive catholic consensus not only for doctrine, but also ecclesiastical order and governance. For all three of these theologians, the manner in which the first four ecumenical councils were summoned and conducted, as (...) well as their enactments touching the Church’s life provided patristic norms for its rightful administration. Jewel, Hooker, and Carleton each argued that the English Protestant national Church as defined by the Elizabethan Settlement exemplified a faithful recovery of patristic conciliar ecclesiastical government as an essential component in England’s overall endeavor to return to the true Church Catholic. Jewel employed these councils in order to impeach the Council of Trent’s (1545-63) status as a general council, and to justify the transfer of the authority of general councils to national and regional synods under the direction of godly princes. Hooker proposes the recovery of general councils as a means of achieving Catholic consensus within a Christendom divided along national and confessional lines while at the same time employing the pronouncements of the first four general councils to uphold the authoritative patristic and catholic warrant for institutions and practices retained by the Elizabethan Church. Finally, amid the controversy surrounding the Oath of Allegiance during the reign of James VI/1 (r. 1603-25), George Carleton devoted his extensive examination of these councils to refute papal claims to coercive authority with which to depose monarchs as an extension of excommunication. In so doing, Carleton relocates this ‘coactive jurisdiction’ in the ecclesiastical authority divinely invested in the monarch, making the ruler the source of conciliar authority, and arguably of catholic consensus itself. (shrink)

This article presents results from a qualitative empirical investigation of how Danish oncology physicians and Danish molecular biologists experience the principle of respect for autonomy in their daily work.

Stephen Schulhofer's book, Unwanted Sex: The Culture of Intimidation and the Failure of Law, provides a carefully constructed and powerful case for rape-law reform. His effort is distinctive in three ways: (1) it takes the basic question of reform to be the moral one of determining which sexual interactions ought to be the subject of the criminal law, (2) it takes the right of sexual autonomy to serve as the basis for any successful legal reform, and (3) it makes a (...) philosophically sophisticated case for his own reform proposal. Schulhofer's efforts should be of great interest to philosophers, especially feminist legal philosophers, interested in questions that bear direct relevance to the relationships between autonomy, coercion, and consent as constrained by the requirements of due process. His careful and scrupulously fair discussion of influential reform recommendations set the stage for his own position (discussed in section VII), a critical evaluation thereof (sections VII and VIII), and sympathetic recommendations in VIII and IX. Of special value here is Schulhofer's attempt to extend his analysis of coerced consent to include certain "offers" made in contexts (e.g., the workplace) characterized by significant power differentials between persons. Section IX offers suggestions, generally friendly to Schulhofer's overall reform proposals, for identifying wrongful sexual interactions occurring in certain institutional or professional contexts. (shrink)

In recent educational reforms in New Zealand, a central assumption has been the existence of a free and autonomous chooser acting as a consumer of education. The present paper examines and critiques this notion of autonomy, as developed within liberal theory. Both Foucault and Lyotard provide materials for this critique of such a self, a self independent of the laws and principles of a community.

In ‘The Choice Theory of Contracts’, we advance a claim about the centrality of autonomy to contract. Since publishing Choice Theory, we have engaged dozens of reviews and responses; here, we reply to Robert Stevens, Arthur Ripstein, and Brian Bix. All this rigorous debate confirms for us one core point: contract’s ultimate value must be autonomy, properly understood and refined. Autonomy is the telos of contract and its grounding principle. In Choice Theory, we stressed the proactive facilitation component of autonomy, (...) in particular, the state’s obligation regarding contract types. Here, we highlight two additional, necessary implications of autonomy for contract: regard for future selves and relational justice. These three aspects of autonomy shape the range, limit, and floor, respectively, for the legitimate use of contract. They provide a principled and constrained path for law reform. (shrink)

Background: The intensive care unit environment focuses on interventions and support therapies that prolong life. The exercise by nurses of their autonomy impacts on perception of the role they assume in the multidisciplinary team and on their function in the intensive care unit context. There is much international research relating to nurses’ involvement in end-of-life situations; however, there is a paucity of research in this area in Brazil. In the Brazilian medical scenario, life support limitation generated a certain reluctance of (...) a legal nature, which has now become unjustifiable with the publication of a resolution by the Federal Medical Council. In Brazil, the lack of medical commitments to end-of-life care is evident. Objective: To understand the process by which nurses exercise autonomy in making end-of-life decisions in intensive care units. Research design: Symbolic Interactionism and Corbin and Strauss theory methodology were used for this study. Participants and research context: Data were collected through single audio-recorded qualitative interviews with 14 critical care nurses. The comparative analysis of the data has permitted the understanding of the meaning of nurse’s experience in exercising autonomy relating to end-of-life decision-making. Ethical considerations: Institutional ethics approval was obtained for data collection. Participants gave informed consent. All data were anonymized. Findings: The results revealed that nurses experience the need to exercise autonomy in intensive care units on a daily basis. Their experience expressed by the process of increase opportunities to exercise autonomy is conditioned by the pressure of the intensive care unit environment, in which nurses can grow, feel empowered, and exercise their autonomy or else can continuously depend on the decisions made by other professionals. Conclusion: Nurses exercise their autonomy through care. They work to create new spaces at the same time that they acquire new knowledge and make decisions. Because of the complexity of the end-of-life situation, nurses must adopt a proactive attitude that inserts them into the decision-making process. (shrink)

From the outset, critical social theory has sought to diagnose people’s participation in their own oppression, by revealing the roots of irrational and self-undermining choices in the complex interplay between human nature, social structures, and cultural beliefs. As part of this project, Ideologiekritik has aimed to expose faulty conceptions of this interplay, so that the objectively pathological character of what people are “freely” choosing could come more clearly into view. The challenge, however, has always been to find a way of (...) doing this without arrogantly assuming special access to what is good for people. And this danger of paternalism is one to which social theorists have all too often fallen prey. In this brief essay, I focus on contemporary instances of clearly self-defeating behavior in contexts of complex choices. I begin by discussing a recent attempt to diagnose and solve these failures of choices, namely the public policy recommendations of behavioral economist Richard Thaler and reform-minded legal theorist Cass Sunstein. Their influential “libertarian paternalist” approach is particularly interesting, both in what it includes (attention to the socially constructed nature of choice situations and the roots of the problems in human nature) and in what it leaves out (an understanding of the social construction of human nature and an adequate appreciation of the value of autonomy). After discussing it, I consider a broadly perfectionist alternative, to the effect that the problem lies in a failure to adequately appreciate the importance of developing autonomy. I then turn to sketching the outlines of a new approach, based on the concept of “autonomy gaps,” which approaches overly demanding policies in relational and action-theoretical terms. In the final section, I show how this provides the basis for an analysis both in terms of a critique of ideology and of social pathology. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:President’s Council on BioethicsEdmund D. Pellegrino (bio) and F. Daniel Davis (bio)Approximately two weeks before what was to have been its final meeting, the White House dissolved the President’s Council on Bioethics by terminating the appointments of its 18 members. The letters of dismissal, dated 10 June 2009, informed the members that their service on the Council would end with the close of business the next (...) day.The Council’s term was set to expire on 30 September 2009. After President Obama’s election in November and during the transition, we were advised to proceed on the assumption that the Council would be permitted to cease on that date. Reasons for the abrupt move to disband the Council are unknown. We have accepted the fact that we Council members served at the pleasure of the President and that he simply exercised his rightful prerogative. No explanation is therefore required.Some observers have speculated that the action was retaliatory. They related to the fact that several members of the Council disagreed with the President’s stem cell policy in a signed statement published in the Hastings Center’s Bioethics Forum. Others have speculated that the move was pre-emptive. At its final meeting, scheduled for 25–26 June, the Council was set to sign-off on two of its final publications. One was a comprehensive report on the ethics of organ transplantation, and the other a white paper entitled Health Care and the Common Good. The aim was immediately to release the latter as a contribution to the intensifying debate about health care reform. Health Care and the Common Good could well have aided rather than impeded the President’s drive to better control health care costs and achieve universal coverage. The Council report attempted to ground both goals in the ethical framework of, as the title indicates, the common good of all Americans.In his letter terminating the members’ appointments, Assistant to the President for Presidential Personnel Don Gips said that the President “recognizes the values of having a commission of experts in bioethical issues to provide objective and non-ideological bioethics advice to his administration.” Gips went on to say that the President is “currently rethinking the purposes and goals of such a bioethics commission, and is carefully considering a revitalized mission and mandate.” And, [End Page 309] responding to media enquiries, White House press officer Reid Cherlin explained that the President’s Council was terminated because it was a “philosophically leaning advisory group” and, according to a New York Times account by Nicholas Wade, “because it favored discussion over developing a shared consensus.” As for the ultimate outcome of the President’s “rethinking,” Cherlin indicated that President Obama will appoint a new commission with the mandate of offering “practical policy options” in bioethics.In the light of our experiences with the Council, we leave it with hopes that certain questions of national importance will be addressed. In light of the nature of federal advisory commissions, what is or are the proper roles of a national bioethics commission? If the aim is to provide advice and counsel to the President or, perhaps to the U. S. Congress, is that advice best rendered as a group consensus or as an in-depth exploration of the inevitably conflicting ethical perspectives on a given issue? How should such a commission be constituted—with what sorts of individuals? And what is the nature of the expertise that they individually and collectively bring to the commission’s functions? If the commission is to promote public debate and discussion, how exactly should it go about that task? And how is the efficacy of a commission to be assessed? Such questions inevitably lead us deep into contested territory, as the experience of this Council has shown: into the intersections of politics, religion, and science and into the relations between practice and theory—between policy and what some seem to deride as “philosophy.” Indeed, policy without an underlying philosophy is an edifice without a foundation; philosophy without policy is a foundation without an edifice.At the last meeting of the Council in March 2009, we launched a discussion of these questions with the... (shrink)

With the waves of reform occurring in mental health legislation in England and other jurisdictions, mental capacity is set to become a key medico-legal concept. The concept is central to the law of informed consent and is closely aligned to the philosophical concept of autonomy. It is also closely related to mental disorder. This paper explores the interdisciplinary terrain where mental capacity is located. Our aim is to identify core dilemmas and to suggest pathways for future interdisciplinary research. The terrain (...) can be separated into three types of discussion: philosophical, legal and psychiatric. Each discussion approaches mental capacity and judgmental autonomy from a different perspective yet each discussion struggles over two key dilemmas: whether mental capacity and autonomy is/should be a moral or a psychological notion and whether rationality is the key constitutive factor. We suggest that further theoretical work will have to be interdisciplinary and that this work offers an opportunity for the law to enrich its interpretation of mental capacity, for psychiatry to clarify the normative elements latent in its concepts and for philosophy to advance understanding of autonomy through the study of decisional dysfunction. The new pressures on medical and legal practice to be more explicit about mental capacity make this work a priority. (shrink)

In the public interest: autonomy and resistance to methods of standardising nurses’ advice and practices from a health call centre in Perth, Western Australia The history of nursing is replete with examples of nurses battling for autonomy over their education, knowledge and work practices. The latest battleground is HealthDirect, Australia's first medial call centre, where nurses are required to meet externally imposed clinical standards while satisfying legal and financial obligations. These objectives are arguably achieved when nurses assess callers’ health problems (...) via computerised algorithms that determine an appropriate plan of action. That way, nurses’ subjective responses to callers are ruled out. To ensure nurses comply with the standard processes, calls are monitored randomly and surreptitiously in formal and informal ways. This paper explores how nurses respond to standard procedures and surveillance, in order to argue that nurses’ input partially drives reform processes. Nurses continue to seek autonomy over the advice they give and how their work is evaluated but are constrained by structural power relations. (shrink)

Die überragende Bedeutung Martin Luthers für die Geschichte und Kultur der europäischen Neuzeit sowie des Protestantismus ist unbestritten. An der Frage, wie diese Bedeutung genauer zu beschreiben sei, scheiden sich jedoch die Geister. Dieser Umstand spiegelt sich in den höchst unterschiedlichen Bezugnahmen auf die Theologie des Reformators in der Theologie seit der Aufklärung. Während die einen die lutherische Reformation in einen engen Zusammenhang mit Autonomie und Neuzeit rücken, betonen andere die Differenz zwischen Luther und der modernen Welt. An dieser Ambivalenz (...) in der Beurteilung Luthers wird bereits deutlich, dass die Bedeutung des Wittenberger Reformators die Kategorie der Wirkungsgeschichte in gewisser Weise sprengt. Geschichte und Kultur des Protestantismus lassen sich zu einem guten Teil als Geschichte der Rezeption von Luthers Denken auffassen. Diese Einsicht bildet den Leitgedanken des vorliegenden Bandes. Die darin versammelten zehn Studien untersuchen die höchst differenzierte und komplexe Wirkung und Rezeption Martin Luthers von der Aufklärung bis zum 20. Jahrhundert. (shrink)

Pope Francis wants a reform of the church and he sees Archbishop Oscar Romero of El Salvador as a model bishop, one who smells like his sheep and who was fully committed to a poor church for the poor. Pope Francis and Archbishop Romero agree that the basis for church reform must be the gospel. As Jesus did not preach himself but the kingdom of God, the church must be at the service of the kingdom, she is the sacrament of (...) the kingdom. The first addressees of the good news of the kingdom of God were the poor, so there is an intrinsic relationship between the church and the poor. Church reform means that the church becomes more like Jesus Christ serving the poor, the needy and the marginalized. There is an intrinsic relationship between church reform and the signs of the times. The Second Vatican Council established a new relationship between the church and the world. Of key importance for this are the signs of the times as signs of the presence and the plans of God in history. Archbishop Romero's deepest and most creative spiritual and theological insight is his association of the passion of the Salvadoran people with the suffering servant of God and the crucified Christ. He spoke of a crucified people. (shrink)

Over the years the consulting chambers of the EKiD deliberate in recommendations about the reform upon the system of social securitiy in modern welfare state. In the last months the Social Chamber of the EKiD draw up proposals and results of the discussion; the chamber presents a set of thesises to the Council of the EKiD. The essay gives survey of the present result of the decisions. The intention is to promote the reform and consolidation of the social state (...) and to keep off the strategies which aim at a destruction of social security. (shrink)

This essay explores the astronomical works of Pierre de Lille, a little-known French participant in the debates on calendar reform during the Fifth Lateran Council (1512–1517). It argues that astrological ideas coupled with eschatological beliefs motivated his astronomical propositions to reform the Julian calendar. De Lille conceived the calendar solar year as a unit of a great cosmic year spanning 7,153 years, the duration that he assigned to the now-obsolete theory of the motion of trepidation of the eighth sphere. (...) Although his use of this astronomical model for astrological speculations about world chronology was not new, de Lille gave an original and bold reply to Pico della Mirandola’s devastating critique of astrology. The astronomical model and its astrological implications were eventually contested at the court and in academia in France, but the alliance of chronology, astrology, and apocalypticism was to play a major role during the second half of the sixteenth century in Lutheran thought. (shrink)

This article aims at exploring the theme ‘Living God, renew and transform us’ under the following headings: the living God and the gods of death, the desolation of atheism and the sun of righteousness, just law and the fullness of life. The author relates the ‘God of Life’ to a ‘theology embracing life’. He links the ‘gods of death’ to racism, capitalism and terrorism in which we ‘encounter a new religion of death’. He points out that Christianity is a religion (...) of joy in God and sets out to illustrate this with selected biblical texts. In the section ‘The desolation of atheism’, the author argues that modern atheism offers a ‘reduced life’. To make his point, he refers to his own personal experience and the theological ‘protest atheism’ which arose in the 19th century. The author concludes by stating that atheism offers nothing positive. In the final section, ‘The sun of righteousness, just law and the fullness of life’, the author addresses issues of justice. In referring to the Reformation doctrine on justification, the author states that the justification of victims requires confessio oris, rising up from humiliation and forgiveness. (shrink)

Tensions, Réformes et Recherche du consensus: Vatican II dans l’itinéraire de l’Église catholique au XXe siècle (Tensions, reforms and consensus : Vatican II in the itinerary of the Catholic Church in the twentieth century) Résumé Contrairement à ce que l’on affirme parfois, les tensions que l’on retrouve dans l’Église catholique au moment de la réception du concile ne sont pas nées avec le concile, mais s’enracinent au cours du siècle qui précéda Vatican II. Elles portent principalement sur le rapport de (...) l’Église catholique au monde moderne. À Vatican II, si les Pères conciliaires ont été d’accord pour généraliser et accélérer l’effort de mise à jour de l’Église entamée depuis quelques décennies, quelques-uns ont refusé le discernement opéré par l’Église catholique sur l’enseignement des papes, depuis Pie IX, sur le rapport de l’Église avec le monde moderne. Les évêques appartenant à la majorité ont estimé qu’il fallait re-recevoir ces enseignements portés dans des circonstances historiques différentes, et les apprécier à la lumière des situations nouvelles dans lesquelles évoluait désormais l’Église catholique. L’opposition actuelle au concile refuse ce discernement et voudrait, par-delà le concile, revenir aux positions tenues au XIXe siècle. Mots-clés : Vatican II; L’Église Catholique. XX e siècle. Tensions. Réformes. ConsensusTo the contrary of what is commonly said, the tensions in the Catholic Church at the time of reception of the Council did not originate within the council, but are rooted in the course of the century prior to Vatican II. These tensions relate mainly to the relationship of the Catholic Church with the modern world. If the Fathers of the Second Vatican agreed to upgrade the Church, after a few decades some priests refused to follow the teachings of the Popes about the relationship of the Church with the modern world. Most bishops felt that they should return to those teachings used in different historical circumstances, and evaluate them in light of the context of the new changes in the world. The current opposition to the council refuses this insight or judgement and wants to go back to the positions of the Church of the nineteenth century. Keywords : Vatican II; Catholic Church. Twentieth Century. Tensions. Reforms. Consensus. (shrink)

In their paper titledChoosing death in unjust conditions: hope, autonomy and harm reduction,Wiebe and Mullin argue against the stance of diminished autonomy in chronically ill, disabled patients living in unjust sociopolitical environments who pursue medical assistance in dying (MAiD). They suggest that it would be paternalistic to deny these people this choice and conclude that MAiD should actually be seen as a form of harm reduction for them.This response to their article argues that basing discussions surrounding this important topic on (...) a single bioethical concept does not address the needs of this cohort and is restrictively siloed. The discussion should include considerations of human rights and the need for legislative reforms to address social conditions, in addition to traditional bioethical principles. Work in this area needs to become interdisciplinary and collaborative as well as integrate input from the patients themselves. The concept of the dignity of these patients, in its broadest sense, needs to be infused into the discussion in order to optimise the exploration for solutions for this cohort.The stance of MAiD as harm reduction, in this context, does not meet the definition of harm reduction, nor does it represent a commitment to the best interests of these patients. (shrink)

This article is an attempt to discuss Dooyeweerd’s epistemology in the light of German Idealism. First, a characterization of the thought of Kant and Fichte is offered, focusing in particular on three themes: normativity, autonomy and reflexivity. Second, Dooyeweerd’s criticisms of Kant and Fichte are reviewed, and it is argued that, in both cases, Dooyeweerd focuses in on a central paradox that he seeks in his own thought to avoid. Third, Dooyeweerd’s epistemology is examined and it is argued that, not (...) only does his thought exhibit the primary themes of Idealist thought discussed previously, but that it falls into the same apparent paradox as do Kant and Fichte. Finally, the paradox itself is examined and a way forward for Reformational thought is suggested, by analogy with Fichte’s inter-subjective turn. (shrink)

This paper discusses how the general and abstract concept of legitimacy applies to international institutions, using the United Nations Security Council as an example. We argue that the evaluation of the Security Council’s legitimacy requires considering three significant and interrelated aspects: its purpose, competences, and procedural standards. We consider two possible interpretations of the Security Council’s purpose: on the one hand, maintaining peace and security, and, on the other, ensuring broader respect for human rights. Both of these (...) purposes are minimally morally acceptable for legitimacy. Second, we distinguish between three different competences of the UNSC: 1) the decision-making competence, 2) the quasi-legislative competence, and 3) the referral competence. On this basis, we argue that different procedural standards are required to legitimise these competences, which leads to a more differentiated understanding of the Security Council’s legitimacy. While maintaining that the membership structure of the Council is a severe problem for its legitimacy, we suggest other procedural standards that can help to improve its overall legitimacy, which include broad transparency, deliberation, and the revisability of the very terms of accountability themselves. (shrink)