In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing (...) in mind the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

Forced expropriations of immovable property were common during the Communist era in Eastern Europe. Today, many of the former owners or their heirs are interested in regaining legal ownership of such properties, often decades after the ownership has been reallocated to others. Therefore, the conflict between old and new owners is often resolved in favour of the new owners. While this is understandable from a contemporary political perspective, this approach results in a perpetuation of the results of an earlier human (...) rights violation, thereby resulting in a new human rights violation which will have to be measured against the European Convention on Human Rights (ECHR) if the state in question has ratified it prior to deciding how to handle the long-term effects of expropriations. Firstly, in the article we will devote ourselves to the interpretation of the right to property with an emphasis on the problem of expropriation. Above all, we will elaborate on the definition of the term “property” as well as positive and negative obligations of the Member States regarding this right. Finally, we will address the question of expropriations prior to the entry into force of the Convention and just compensation under Article 41 ECHR. Interpretation of the right to property will be supported by the jurisprudence of the European Court of Human Rights. (shrink)

The article aims at resolving the issue whether the Court of Justice of the European Union (CJEU) has an exclusive jurisdiction under Article 344 of the Treaty on Functioning of the European Union (TFEU) to resolve disputes between Member States, stemming from provisions of an international treaty, a party to which is the EU. This problem is especially relevant in cases when a mixed international agreement envisages independent institutions of dispute resolution. The position of the CJEU is expressed in (...) the case of Mox Plant. The European Commission applied to the CJEU against Ireland, because it considered that Ireland, which started an arbitration procedure against United Kingdom under the UN Convention on the Law of the Sea, has infringed the exclusive jurisdiction of the CJEU under Article 344 of the TFEU. The EU is also a Contracting Party to the UN Convention on the Law of the Sea. Therefore according to the consistence case practice of the Court, the provisions of the Convention that fall under the competence of the Union constitute an indivisible part of the EU legal system. Only in such case when a provision of a treaty is attributed to exclusive competence of the Member States, the jurisdiction of the CJEU regarding that provision can be negated. Thus, when deciding on the issue of exclusive jurisdiction of the CJEU in principle, a problem of attribution of the EU and Member States’ competences arises. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Proceedings of the ALSC (1995 Convention)Patrick HenryGiven the oppressively politicized character of academic literary studies today, it took courage and conviction to found a new literary society in 1994. The Association of Literary Scholars and Critics is dedicated to the study of literature as a source of pleasure and insight. This would be banal were it not for the way in which culture wars, identity politics, and race (...) and gender issues have come to dominate university literature departments. More than merely a handful of scholars wish to reverse this trend: in less than two years, the ALSC has grown to 1800 members and its first conference, held in Minneapolis, September 22–24, 1995, was a notable success.Because we favor a true pluralism, and like many others are tired of the predictable posturing that permeates so much literary scholarship today, we invited the ALSC to publish its first conference proceedings in our pages. The meeting offered much variety, with classicists and modernists, poets, fiction writers, and critics trading ideas on literature and aesthetics. Despite worries by its detractors that the ALSC represents reaction or blind traditionalism, there was a refreshing openness to the proceedings, with lucid examples of critical reading and topics from metaphor in Dickens and Auden’s Alcaic stanza in “In memory of Sigmund Freud,” to the Islamic influence on Dante’s Commedia—a connection that belies the charge that the Western canon is inevitably Eurocentric. If the ALSC can revive a sense of wonder before the greatest works of literary art and provide an alternative to the complacency and pretentiousness of contemporary theory, it deserves support from us all.For twenty years it has said on our inside back cover that Philosophy and Literature “owes allegiance to no particular school or style of criticism or philosophy.” Our only loyalty is to literature and philosophy; they constitute our field of interest. It has never been our aim to adopt the correct ideology. We remain skeptical of ideological commitments and will continue to publish exciting jargon-free articles representative of the entire spectrum of approaches to literature and philosophy.Copyright © 1996 The Johns Hopkins University Press... (shrink)

This paper argues that professionals who make boundary-related decisions should be guided by relationship-based practice. In our roles as service users and professionals, drawing from our lived experiences of professional relationships, we argue we need to move away from distance-based practice. This includes understanding the boundary stories and narratives that exist for all of us – including the people we support, other professionals, as well as the organisations and systems within which we work. When we are dealing with professional boundary (...) issues, we should centre relationship-building skills that are central to many other aspects of our work. Skills that foster relationships at all levels – between professionals, service users, and services – need to be revalued. Our final recommendation is to create, develop, and foster safer spaces within and outside of organisations, as well as inter-professionally, for the discussion and exploration of boundary-related issues and practice. We are interested in hearing from those with experiences of being marginalised by boundaries so that they can inform a reshaping of our collective ideas around boundary related practices. To foster relationship-based practices in organisations, we have outlined several recommendations here; however, we recognize that these do not go far enough, and that collective action is needed to inform systemic change. (shrink)

Various special investigative methods are more often applied nowadays; their use is unavoidably induced by today’s reality in combating organised crime in the spheres such as corruption, prostitution, drug trafficking, trafficking in persons, money counterfeit and etc. Therefore, special secret investigative methods are more often used and they are very effective in gathering evidence for the purpose of detecting and investigating very well-organised or latent crimes. Both the Convention on the Protection on Human Rights and Fundamental Freedoms itself, i.e. (...) its Article 6, and other international instruments, such as the Council of Europe’s Criminal Law Convention, the Council of Europe’s Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and others, do not prohibit the use of special investigative methods, provided that their use does not violate human rights. The use of special investigative methods, such as undercover agents or other undercover investigative methods, cannot in itself infringe human rights and the right to a fair trial; however, its use must have clear limits and safeguards. The recent judgements of the European Court of Human Rights regarding the use of undercover agents confirm that the use of undercover agents in certain types of cases is often unavoidable and also very problematic, because the Court imposes on the member states of the Convention increasingly wider obligations. Partly this is determined by the fact that the current jurisprudence of the Court is still in the state of formation, therefore many questions are left unanswered. (shrink)

This paper seeks to clarify the process of ethical review primarily through a consideration of the lay member's role; it considers some of the conventional accounts of the role and portrays weaknesses in them. Its positive account places the ethical review service in a wide political context allowing the definition of lay member as a politically-positioned individual in the REC with the function of formally representing the public standards of morality in the medical research context.

This article investigates the efficacy of a form of electoral innovation unique to the island-state of Singapore, the Nominated Member of Parliament scheme, and its impact on democratic governance, in light of the changing political landscape. A comparative perspective will be employed and broader conclusions on electoral engineering will be reached, especially for democratizing countries. Contrary to conventional scholarly wisdom, I argue that the NMP scheme can actually boost democratic representation in the country, considering the changing political landscape in (...) the state previously dominated by a hegemonic party. This is via two ways: firstly, NMPs could better represent the voices of the people at the margins of society and, secondly, they could be better positioned to raise issues that are deemed too to be raised by opposition parties. NMPs can enhance democratic governance by promoting deliberation, accountability, and representation. (shrink)

A ‘vestigial social practice' is a norm, convention, or social behavior that persists even when few endorse it or its original justifying rationale. Begby (2021) explores social explanations for the persistence of prejudice, arguing that even if we all privately disavow a stereotype, we might nevertheless continue acting as if it is true because we believe that others expect us to. Meanwhile the persistence of the practice provides something like implicit testimonial evidence for the prejudice that would justify it, (...) making it rational for members of the next generation to acquire the corresponding prejudiced beliefs. This paper distinguishes between three different types of vestigial social practice in terms of the underlying explanatory mechanisms, and argues that the persistence of prejudicial social stereotypes is most tightly linked not to others’ beliefs or expectations, but to the ways that material infrastructure constrains options shapes social outcomes. Given that, the persistence of a practice only provides grounds to infer that most people endorse the corresponding prejudiced belief only if we are in a position to dismiss relevant alternative explanations. (shrink)

The right to ‘domestic remedies’, which ideally connects ‘subsidiarity’ and ‘embeddedness’ of the ECHR in the legal systems of member States, is deemed to play a crucial role for the Strasbourg machinery survival as well as for an effective protection of human rights, especially in the field of the ‘reasonable-time’ requirement. In this respect the Italian case seems an excellent test. Once a compensatory remedy was introduced in the Italian legal system by Law No. 80 of 2001 (the ‘Pinto (...) Act’), it soon appeared that such a remedy could be considered ‘effective’ in so far as it was implemented in accordance with the ECtHR’s jurisprudence. Therefore a legal tool for the interaction between ECtHR and Italian courts had to be found. Nevertheless, the results of this interaction might suggest that the domestic remedy has neither increased the protection of the reasonable-time requirement in Italy nor is it the final solution to the ECtHR’s overload. (shrink)

For more than twenty years, Peter Vanderschraaf’s work has combined rigorous game-theoretic analysis, innovative use of (social) scientific method, and normative analysis in the context of the social contract. Vanderschraaf’s work has influenced a significant interdisciplinary field of study and culminated in the publication of his book, Strategic Justice: Convention and Problems of Balancing Divergent Interests (OUP, 2019). Building upon his previous work, Vanderschraaf developed a new theory of justice (justice-as-convention) that, despite a mutual advantage approach, considers the (...) most vulnerable members of society and defends the egalitarian bargaining solution. To advance his theory, Vanderschraaf proposes an account of conventions that updates and systematizes David Lewis’s account of conventions, drawing on contemporary developments in game theory and economics. This topical collection brings together game theorists, philosophers, economists, and political scientists to discuss themes from Vanderschraaf’s work. The collection bridges a gap among disjoint but closely related literatures in game theory, bargaining theory, formal philosophy, rationality, equality, justice, and the social contract in order to advance dialogue among scholars in this rich and growing field of study. (shrink)

The Baltic States – Estonia, Lithuania and Latvia – are democratic states of law that respect human rights. As members of the Council of Europe, they implemented into domestic law the Convention on the Protection of Human Rights and Fundamental Freedoms (known as the European Convention on Human Rights) – an international document for the universal protection of human rights adopted by the Council of Europe. The aim of the paper is to analyze whether and to what extent (...) did Estonian, Lithuanian and Latvian citizens file individual complaints to the European Court of Human Rights over the past thirteen years (2006–2018). The paper is to answer the question if the Baltic Sates’ systems of human rights protection are effective. One of the indicators of effectiveness is the number of complaints brought from the Baltic States to the ECtHR in relation to the number of inhabitants and also in comparison with the total number of complaints from the 47 member states of the Council of Europe as whole. The analysis will cover statistics on the number of judgments in Estonian, Lithuanian and Latvian cases before the Court in Strasbourg issued between 2006 and 2018. This will be helpful in determining the degree and the type of violations by the Baltic States of the human rights protected by the European Convention on Human Rights. (shrink)

This chapter focuses on a question: how does the intentionality of language 'derive' from the original intentionality of thought. Hardly any philosopher of language would deny that if something is an expression which has meaning in a population, then that is by virtue of facts about the linguistic behavior and psychological states of members of that population. The chapter starts with a reconstruction of Lewis's account of the relation in Convention because a problem that immediately arises for that account (...) provides a natural segue to the more ambitious Intention‐Based Semantics (IBS) project. IBS is a program for reducing all questions about the intentionality of speech acts and linguistic expressions to questions about the intentionality of thought. It takes as foundational in the theory of meaning a certain notion of speaker‐meaning and seeks to define it, without recourse to any semantic notions, in terms of acting with certain audience‐directed intentions. (shrink)

The treaty of Lisbon makes European Union (EU) accession to the European Convention on Human Rights (ECHR) an obligation of result. The issue has been intensely discussed for more than thirty years, arguing that such accession is necessary in view of the need to ensure the ECHR standard of fundamental rights protection in Europe. This question again gains prominence as the EU member states and the institutions seek to agree on the negotiation directives of EU accession to the (...) ECHR. The process brings up the difficulties involved in creating a mechanism which would both facilitate the autonomy of the EU legal order and enable individuals to bring claims against the EU to the European Court of Human Rights (ECtHR). This involves the questions how it would be possible to ensure quick access to justice, and whether the ECtHR would continue to apply the doctrine of equivalent protection in relation to EU even after the latter becomes bound by the ECHR. The article argues that EU accession to the Convention is a prominent political step ensuring coherence of human rights protection mechanism in Europe. (shrink)

ArgumentDuring the first half of the 1970s, climate research gained a new significance and began to be perceived within political and academic circles as being worthy of public support. Conventional explanations for this increased status include a series of climate anomalies that generated awareness and heightened concern over the potentially devastating effects of climate change. Controversial climatologist Reid Bryson was one of the first to publicly promote what he saw as a definitive link between these climate anomalies and unidirectional climate (...) change in the fall of 1973, and rising food prices in the same year gave him a platform on which to air his views to receptive senior members of the US Congress. Bryson’s testimony before a US Senate subcommittee offers a unique glimpse into how he was able to successfully resonate his agenda with that of senior politicians in a time of crisis, as well as the immediate responses of those senior US politicians upon first hearing climate change arguments. Bryson was one of the most prominent US climatologists to break a taboo against making bold climatological predictions and de-facto policy recommendations in public. As a result, although Bryson was criticized by many in the climatological community, his actions instigated the involvement of other scientists in the public arena, leading to an important elevation in US public climate discourse. (shrink)

(OPEN ACCESS) In this article, I explore the implications of three moral grounds for the justification of supported voting – respect as opacity, respect as equal status, and respect as political care. For each ground, I ask whether it justifies surrogate voting for voters unable to either communicate or give effect to their electoral judgments, due to some cognitive or communicative disability. (Henceforth: incommunicability cases.) I argue that respect as opacity does not permit surrogate voting, and equal status does not (...) justify such support – although the latter account can make sense of the value loss involved in the persistent non-participation of individuals with cognitive and communicative disabilities. Finally, I argue that an account of supported voting based on the ethics of political care can accommodate a pro tanto moral permission to provide surrogate voting as a form of support in incommunicability cases, and it can account for the inclusive approach of the UN Convention on the Rights of Persons with Disabilities to supported decision-making. However, I show that in incommunicability cases, what the political community and individual caretakers ultimately owe to adult fellow citizens as equal members of the political community is some adequate form of political care – but not necessarily surrogate voting. (shrink)

The practice around informed consent in clinical medicine is both inconsistent and inadequate. Indeed, in busy, contemporary health care settings, getting informed consent looks little like the formal process developed over the past sixty years and presented in medical textbooks, journal articles, and academic lectures. In this article, members of the Society of Teachers of Family Medicine (STFM) Collaborative on Ethics and Humanities review the conventional process of informed consent and its limitations, explore complementary and alternative approaches to doctor‐patient interactions, (...) and propose a new model of consent that integrates these approaches with each other and with clinical practice. The model assigns medical interventions to a consent continuum defined by the discrete categories of traditional informed consent, assent, and nondissent. Narrative descriptions and clinical exemplars are offered for each category. The authors invite colleagues from other disciplines and from the academic ethics community to provide feedback and commentary. (shrink)

David Lewis’s account of conventions has received substantial criticism over the years, but one aspect of it has been less controversial and thus has been retained in various forms by other authors: his requirement that members of a group in which a convention obtains must know that they and others conform. I argue that knowledge of conformity requirements wrongly exclude certain paradigmatic conventions, including some central semantic conventions. Ruth Garrett Millikan’s account of conventions accommodates these cases, but it is (...) marred by her (as I argue) mistaken claim that most linguistic conventions involve coordination, and by complications with her central notion of reproduction. Aiming to build upon Millikan’s insights while avoiding her account’s problems, I contend that doing A is conventional in groups in which there is widespread, interconnected copying of doing A as a way of doing something further, B, where there are other equally good and accessible ways to do B. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Occupy Religion:Theology of the Multitude and Interreligious DialogueJoerg RiegerOne of the big questions for the present is how to bring the different liberation movements together. The different liberation theologies, as is well known, have addressed various forms of oppression along the lines of gender, sexuality, race, ethnicity, class, and other factors. What is it that brings us together without erasing our differences? This question has important implications for interreligious (...) dialogue, as we shall see.In our book Occupy Religion Kwok Pui-lan and I use the term “multitude” to reflect on unity and difference.1 This term, made prominent by political scientists and philosophers Michael Hardt and Antonio Negri,2 has deep roots in our theological traditions. Several decades ago, Korean Minjung theology noted the prominence of the notion of the multitude (this is how the term minjung can be translated into English) in the Bible. In the Gospels, the so-called ochlos (the Greek term for the masses or the common people) does not describe only the ones who are the recipients of Jesus’ transformative ministry; the ochlos also describes the participants in it and the agents of change. In addition, our Latin American colleagues have highlighted the importance of Greek term laos in the biblical traditions, which is also used to designate the common people rather than the elites.There is a distinct difference between the Greek notions of democracy and laocracy or ochlocracy. Democracy describes the rule of the demos, which is constituted by the elite citizens of a city-state. Lower-class citizens, women, and slaves are not part of this rule. Laocracy and ochlocracy, on the other hand, describe the rule of the common people, including the proverbial “least of these” of which Jesus speaks frequently. These common people include all those who have been and are being marginalized on the basis of their gender, sexuality, race, ethnicity, and class. In the ministry of Jesus, which is informed by the ministry of Moses, Miriam, Hannah, and the prophets, the common people are organized and become agents. God values their diverse contributions to life. In the world of laocracy and ochlocracy, there are different ways of being productive in the community, and all of them are acknowledged and needed. As Hardt and Negri remind us, the multitude is not the uniform entity of what has often [End Page 167] been called “the people” in various nationalisms or fascisms. Neither is the multitude the undifferentiated mass or the mob.3What brings the various liberation movements together, therefore, is not uniformity or a request to surrender difference. What brings us together is “deep solidarity,” the recognition that we are all in the same boat under the conditions of global capitalism.4 This insight is related to the topic of class, which has consistently been pushed underground in the United States but which has recently reemerged in the context of the Occupy Wall Street movement. The now-familiar notion of the 99 percent versus the 1 percent is a reminder that the majority of people are benefitting less and less from the neoliberal market economy. This includes even members of the middle class, as they have seen their retirement accounts dwindle, their job security take ever-more severe hits, their benefits erode, and their political power fade. Furthermore, the aspects of gender, sexuality, race, and ethnicity are closely linked to class, as they all increase the disadvantages of people in the neoliberal market economy, thus boosting the reality of deep solidarity. Deep solidarity ties together members of the 99 percent across the lines of gender, sexuality, race, and ethnicity, and it thrives on difference, as they can now work together and make use of their various opportunities and gifts.Deep solidarity differs from conventional ideas of solidarity, which were often based on the idea that those who are privileged place themselves on the side of those without privilege. While it is still possible for members of the 1 percent to place themselves on the side of the 99 percent, the majority of us are now part of the 99 percent, and thus belong to classes that have something to gain from liberation. Class struggle, as... (shrink)

In his new work on the Kyoto School David Williams presents the first “reading” in English of the complete text of the three Chūō Kōron symposia held by members of the second generation in the early 1940s. In addition, he provides an extensive commentary that explores the inability of “liberal history” to account for the political realities of wartime Japan and the “moral worldview” of the four symposists. Adopting the empirical methodology of earlier works, Williams proposes an alternative thesis of (...) “Confucian Revolution” that takes into account the “logic and conventions” of Japan as a Confucian society. His focus on the influence of Confucianism brings to the fore a neglected aspect of modern Japanese political philosophy that yields important insight into the nature of the Kyoto School's wartime thought and their struggle against the Tōjō regime. (shrink)

Popper’s suggestion of taking methodological norms as conventions is examined from the point of view of game theory. The game of research is interpreted as a game of persuasion, in the sense that every scientists tries to advance claims, and that her winning the game consists in her colleagues accepting some of those claims as the conclusions of some arguments. Methodological norms are seen as elements in a contract established amongst researchers, that says what inferential moves are legitimate or compulsory (...) in that game. Norms are classified in three groups: rules of internal inference , entry norms , and exit norms . It is argued that the value of a set of norms depends on how efficient they are in leading a scientific community to accept claims ranking high in a consensuated scale of epistemic value, and in giving each member of the community a reasonable expectation of winning some games. (shrink)

Starting from 2009, national courts of the EU Member States for the first time gained a “real” right to request the EU Court of Justice for preliminary rulings in asylum matters. First judgments of this Court demonstrate equivocal tendencies: some are blaming the Court for incompetence in asylum matters, others believe that the adoption of authoritative decisions at the European level will assist in developing consistent practice of applying asylum law in the European Union, something that failed at international (...) level due to absence of a single authoritative body to provide guidance on interpretation and application of the 1951 Refugee Convention. Considering that the judgments of the EU Court are part of the EU law, the Member States should develop their national asylum law with due regard being taken to those judgments. By the beginning of 2012, the Court has issued eight judgments on the interpretation of various problematic issues of EU asylum law. This Article analyses the jurisprudence of the EU Court in asylum cases, related to the granting of refugee status and subsidiary protection. It also provides a critical evaluation of those judgments. The main objective of the Article is to familiarise the relevant Lithuanian institutions and lawyers with the first judgments of the EU Court in asylum cases and encourage discussions concerning the application of rules established by the Court in the Lithuanian context. Due to limited size, this Article presents the analysis of two EU Court judgments adopted on interpretation of the 2004 Qualification Directive: Elgafaji v. The Netherlands (2009) dealing with granting of subsidiary protection, and Abdulla and others v. Bundesrepublik Deutschland (2010), dealing with cessation of refugee status. The value of those judgments first of all lies in the guidance they provided to the Member States on such concepts as: protection in a situation of an armed conflict, agents of protection, effectiveness of protection; as well as determination of a relationship between refugee status and subsidiary protection, relationship of the Qualification Directive with the European Convention on Human Rights and Fundamental Freedoms (ECHR), also cessation of protection. Elgafaji decision, while quite liberal with regard to persons seeking international protection, is not so liberally applied in the Member States’ practice and does not in itself guarantee positive outcome of the application of a concrete individual fleeing from an armed conflict, or a liberal approach to granting subsidiary protection in the Member States. Based on Elgafaji judgment it is clear that: Art. 15(b) of the Qualification Directive correspond to Art. 3 ECHR, while Art. 15(c) provides additional protection and in that it expands the Member States’ obligations beyond the ECHR to provide protection to persons fleeing in situations of armed conflict. While not every person arriving from an armed conflict situation would automatically fall under the granting of subsidiary protection, in certain exceptional situations indiscriminate violence may amount to individual threat without invoking personal circumstances. The EU Court departed from the individualisation requirement applied by the European Court of Human Rights in Art. 3 cases and did not also rely on international humanitarian law, by introducing a “sliding scale” formula for establishing an individual threat in armed conflict situation instead. This formula addressed the alleged internal discrepancy between “individual threat” and “indiscriminate violence”. The Abdulla decision brought in the human rights and law enforcement perspectives to the interpretation of cessation clauses, however it represents a rather superficial approach in the context of the analysed concepts (e.g. towards effectiveness of protection provided by the multinational armed forces) and is likely to be incompatible with the latest legislative trends in the EU asylum instruments (e.g. determination of refugee status and subsidiary protection by means of a single procedure) and the recent jurisprudence under the ECHR (e.g. failure to ensure a minimum standard of living may violate the ECHR). (shrink)

During the Second World War, more than 60,000 Jewish members of the American, British and French armed forces became prisoners of war in Germany. Against all expectations, these prisoners were treated in accordance with the 1929 Geneva Convention, and the majority made it home alive. This article seeks to explain this most astonishing circumstance. It begins by collating the references to the experiences of Western Jewish POWs from the historical literature to provide a hitherto-unseen overview of their treatment in (...) captivity. It then asks what made their protection from persecution possible. To this end, it explores Germany’s wider motivations for its selective application of the Geneva Convention and highlights the role that military identity played in making its application seem necessary for all POWs from the Western front, including Jewish POWs. (shrink)

Many societies have norms of equity – that those who make symmetric social contributions deserve symmetric rewards. Despite this, there are widespread patterns of social inequity, especially along gender and racial lines. It is often the case that members of certain social groups receive greater rewards per contribution than others. In this article, we draw on evolutionary game theory to show that the emergence of this sort of convention is far from surprising. In simple cultural evolutionary models, inequity is (...) much more likely to emerge than equity, despite the presence of stable, equitable outcomes that groups might instead learn. As we outline, social groups provide a way to break symmetry between actors in determining both contribution and reward in joint projects. (shrink)

The 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees embody fundamental provisions of refugee law. However, since the adoption of these documents the world has changed dramatically and the laws are not developing fast enough in order to catch up with dynamically changing contemporary situations. The application and interpretation of definition of a refugee was developed through traditional practice of Western states, which was influenced by two world wars and (...) the Cold War, when refugees from Africa or Asia were uncommon. The Qualification Directive specifically aims at ensuring that the member states apply common qualification criteria for persons who need international protection in line with the 1951 Convention Relating to the Status of Refugees. The author supports the statement that the Qualification Directive in principle aims at bringing back under the definition of refugee those, who have been left outside of its scope during the last decades as a result of the restrictive interpretation and application of the definition of refugee. (shrink)

The social trackways theory is centered on the remarkable 3.66 mya Laetoli Fossilized Trackways, for they incontrovertibly reveal our ancestors were already obligate bipeds with very human-like feet, and were intentionally stepping in other band members’ footprints to maintain safe footing. Trackways are unique among natural sign systems in possessing a depictive narratively generative structure, somewhat like the symbolic sign systems of gestural languages. Therefore, due to daily embodied reiteration of their own and other band member’s old footprints, both (...) for bipedal safety and as recognizable wayfinding markers for socio-ecological navigation, incrementally our Mid-Pliocene ancestors began to acquire a cognitive capacity for episodic personal memories and episodic future simulations. They began mentally representing themselves as intentional agents continuously travelling from the past into the future. This spatially and temporally self-projecting awareness manifested itself as extra theory of mind and mental space-and-time-travel capacities, which increasingly enabled intentional or conscious, top-down executive adjustment of past behaviors for the sake of achieving better ways of doing things in the future. Future-directed behavioral and cultural adaptations began to increase fitness in all domains, thus creating powerful selective feedback for further entrenchment. Here we focus on overtly or consciously intentional exploratory wayfinding and transmission of elsewhere-and-when information, using pragmatic, discursive modes of communication, which enabled far more cooperative and efficient foraging practices. Selection for better communication thus led to intentional trail marking and the earliest emergence of more conventional/symbolic depictive and gestural “protolanguages.”. (shrink)

Η εύληπτη εκπαιδευτική προσέγγιση ότι «κληρονομιά είναι οτιδήποτε θέλεις “εσύ” να διατηρηθεί για τις επόμενες γενιές» κλονίζεται στην ερώτηση «όλα όσα μας παραδίδονται από τους προγόνους μας αποτελούν μια προς διαφύλαξη κληρονομιά, εφόσον “εσύ” το αποφασίσεις;». Εκφάνσεις «βαρβαρότητας» που διασώζονται σε προγενέστερες εθιμικές πρακτικές θα μπορούσαν άραγε να αποτελέσουν στοιχεία ΑΠΚ προς διαφύλαξη; Η παρούσα εργασία επιχειρεί μια πρώτη ανίχνευση του σύνθετου αυτού θέματος. Περιπτώσεις μελέτης από τον ελληνικό και διεθνή χώρο διερευνώνται με κριτήρια αξιολόγησης τα αναφερόμενα στη Σύμβαση για (...) τη Διαφύλαξη της ΑΠΚ (UNESCO, 2003). Βάσει αυτών δεν γίνονται αποδεκτές εθιμικές πρακτικές ΑΠΚ που αναζωπυρώνουν μνήμες βίαιων συγκρούσεων μεταξύ μελών κοινότητας/κοινοτήτων, αποκλείουν με βίαιο ή/και υποτιμητικό τρόπο μέλη εξαιτίας του φύλου, της ηλικίας, της επαγγελματικής ιδιότητας, ή του σεξουαλικού τους προσανατολισμού, καθώς και εθιμικές πρακτικές που περιλαμβάνουν κακομεταχείριση ή/και βασανισμό ζώων. Η εφαρμογή των παραπάνω στην πράξη παραμένει αχαρτογράφητο πεδίο. Απαραίτητες φάσεις μιας συστηματικής μελέτης αποτελούν α) η αναγνώριση και η ευαισθητοποίηση των τοπικών κοινωνιών και του ευρύτερου κοινωνικού συνόλου για τις αξίες της ΑΠΚ, β) η έρευνα, τεκμηρίωση και αξιολόγηση των επιμέρους στοιχείων της, γ) η υποστήριξη των διαδικασιών μεταβίβασής της στις νεότερες γενιές, μέσω της τυπικής και μη εκπαίδευσης, δ) η ανάδειξη της σημασίας της σε τοπική, περιφερειακή, εθνική ή/και παγκόσμια κλίμακα. Η ΑΠΚ μετεξελίσσεται και μεθερμηνεύεται διαρκώς μέσω σύνθετων κοινωνικών και πολιτισμικών διεργασιών. Απόπειρες εξαναγκασμένης «αναβίωσης» κάποιας «αυθεντικής» ή «γνήσιας» μορφής μιας έκφανσής της συχνά αποτυγχάνουν, ενώ παραμένουν μεθοδολογικά μετέωρες. Ο ρόλος της εκπαιδευτικής διαδικασίας στην ανάπτυξη σχετικών ηθικών αρχών και κριτικής σκέψης είναι κρίσιμης σημασίας. Λέξεις κλειδιά: άυλη πολιτιστική κληρονομιά, κοινότητες, αξίες, ηθικές αρχές, εκπαίδευση For educational purposes, we may claim that heritage is whatever each one of us individually or collectively wishes to preserve and pass on to the next generation. However, should violent or other disturbing forms of expression, preserved in customary practices, be safeguarded, if the whole or part of the ‘community’ decides to do so? The present paper attempts a first approach to this complex issue. Case studies from Greece and worldwide are investigated and appraised on the basis of the Convention for the Safeguarding of the ICH (UNESCO, 2003). According to the Convention criteria, customary practices that refresh memories of violent conflicts between members of the community/communities, or exclude members with an aggressive and pejorative way because of their gender, age, professional status or sexual orientation, as well as practices involving the ill-treatment and/or torture of animals do not deserve safeguarding. The implementation of the above criteria in practice, however, remains an uncharted area. A systematic study, therefore, should: (a) include initiation, recognition and awareness on the part of local communities and societies about the values of the ICH; (b) promote research, documentation and evaluation of heritage components; (c) support the transition to the younger generations through formal and non-formal educational events; (d) highlight its importance on the local, regional, national and international context. ICH is evolving and constantly interpreted through complex social and cultural processes. Any forced attempt to revive an ‘authentic’ or ‘genuine’ version of ICH cultural expression, besides appearing fake, is methodologically challenged. The role of education in developing ethical principles and a critical approach to heritage is undoubtedly crucial. Keywords: Intangible cultural heritage, communities, values, ethical principles, education. (shrink)

Focusing on discourses and practices of identity in an Italian organization in London, this article examines the relationship between the construction of the identity of places and the construction of terrains of belonging. Various forms of cultural practices that mark out spatial and identity boundaries for the London Italian population are discussed in relation to the deployment of gender and ethnicity. Advancing a corporeal approach to identity formation, it is argued that displays of the Italian presence in London operate through (...) the repetition of regulatory norms that produces the effect of materialization of cultural belonging through the ethnicizing and gendering of individual bodies. Gender and ethnicity are deeply embedded in one another and their entwinement is to be understood as the outcome of their construction along similar bodily lines. Also, the author shows that gender and ethnicity are mutually dependent on each other for their construction; imperatives of gender serve to stabilize a fluctuating and indeterminate ethnic culture, while ethnic conventions naturalize the different positions men and women occupy in social life. (shrink)

Partnership in Christian missions is of great importance because of its necessity for the effectiveness of all missions engagements. Partnership in missions has a biblical basis, and it is theologically correct. The concept of Missio Dei demonstrates the Triune God as the owner of Christian missions. Likewise, as a body of Christ, the church must work together to achieve God’s purpose. The church can utilise each member’s gifts and virtues through partnership to glorify God. Christian missions will not be (...) tedious with practical knowledge of partnership in missions. This paper provided vital information related to partnerships in the Nigerian Baptist Convention missions. A partnership creates an avenue for effective and holistic missions. The researcher used the descriptive research method and discovered that some challenges, such as misunderstanding, selfishness, miss-appropriateness of resources and information gap, are sometimes part of the partnership.Contribution: Apart from the challenges, partnership in missions has many prospects amid technological advancement and globalisation if the appropriate partnership models, credible partnership principles and accurate theological perspectives are inculcated. This will result in more converts, planting churches, making disciples and raising more Christian leaders. (shrink)

BackgroundThe principal aim of this study was to investigate the function and effectiveness of an institutional policy that outlines a procedure to limit medically futile interventions. We were interested in the attitudes and opinions of careproviders and the members of the Yale New Haven Hospital Ethics Committee that use this policy, the Conscientious Practice Policy (CPP), to address questions on appropriate interventions in the setting of medical futility.MethodsIn 2019, we conducted three focus groups of members of the Yale New Haven (...) Hospital Ethics Committee and critical care physicians. We asked the participants questions concerning their use of the Yale New Haven Hospital’s policy on limiting futile interventions. Focus group transcript results were coded into common themes using a conventional analysis approach.ResultsThe overarching finding was that the CPP had various levels of interpretation that prevented its effective and consistent use. This was supported by the four main themes from the focus groups: (1) Mixed perceptions regarding communication between careproviders and family members and surrogates before the CPP was invoked contributed to complexity in decision making. (2) It was ineffective to use an ethics consultation to decide whether or not to invoke the CPP. (3) It was necessary to address moral distress in the absence of a policy. (4) The use of the CPP was inconsistent for different patients, based on the degree to which family members and surrogates persisted in their resistance to limiting medically futile interventions, careproviders’ comfort with directly making decisions, and bias towards members of certain groups.ConclusionThe CPP, as it has been used at the Yale New Haven Hospital, has been ineffective in rationally, fairly, and consistently resolving conflicts regarding the appropriateness of ending medically futile interventions. The CPP, as well as similar policies at other institutions, may benefit from restructuring the policy to more closely align with policies at other institutions where outcomes have been more successful. (shrink)

The main purpose of the study is to analyze the feasibility and necessity of an EU Constitution. Briefly, the history of the draft constitution is as follows: The draft treaty aims to codify the two main treaties of the European Union - the Treaty of Rome of 1957 and the Treaty of Maastricht of 1992, as amended by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001). The debate on the future of Europe is believed to have begun (...) with a speech by German Foreign Minister Joschka Fischer in Berlin in 2000. The process began after the Laeken Declaration, when the European Convention was set up, chaired by former French President Valerie Giscard d'Estaing, with the aim of drafting a constitution. The draft contract was published in July 2003. After lengthy discussions and debates over the proposal for qualified majority voting, the final text was approved in June 2004 and signed by representatives of the Member States on 29 October 2004. The failure of the treaty in France and the Netherlands is a serious blow to the European Union because these two countries are considered to be loyal supporters of the European project. The text of the treaty was subsequently rewritten by the Amato Group, officially the Active Committee on European Democracy (ACED), a group of high-ranking European politicians. During the German presidency of the Union, a new treaty was proposed - the Treaty of Lisbon - to replace the original draft of the Constitution. On 12 June 2008, the Lisbon Treaty was also rejected in a referendum in Ireland. But if we want to look beyond history, we can ask - Why does the EU need a Constitution and how can the Constitution be the roadmap to an advanced future for the EU? The answers to this question can be found by analyzing several directions (these are the main points of the article): historical reflexivity; socio-cultural analysis of the philosophical concepts of well-known political and social philosophers such as Immanuel Kant, John Locke; the modern constellation through the prism of Jürgen Habermas and the decision to make a text as a Constitution which its aim is to reach the starting point of an entire community like the EU. Keywords: constitution, EU, philosophy, law, John Locke, Immanuel Kant, Jurgen Habermas. (shrink)

The primary function of the European Court of Human Rights is to ensure that administrative and judicial processes in member states effectively conform to pan‐European Convention standards (‘constitutional justice’) rather than seeking to provide every deserving applicant with a remedy for a Convention violation (‘individual justice’). But, in order to do so effectively some core elements of the Convention's constitution require more deliberate articulation and more consistent application. In seeking to show how this might be achieved, (...) this article argues that three primary constitutional principles—the judicial protection of Convention rights (the ‘rights’ principle), the democratic pursuit of the public interest (the ‘democracy’ principle), and the principle of priority to rights (the ‘priority’ principle), each exercised according to the rule of law—can be distinguished from a cluster of secondary principles which support them in a variety of ways. An analysis of the Convention's key provisions shows, in particular, how the ‘priority’ principle can, and should, operate to give the Court's decisions greater coherence and constitutional authority. (shrink)

The case of Vo v. France represents the latest phase of the European Court of Human Rights’ thinking on the scope of Article 2 of the European Convention on Human Rights (the right to life) in relation to foetal life where a foetus had been lost owing to a medical accident. The Court by a majority decided that, “even assuming” Article 2 applied to the instant case (albeit to the life of the pregnant woman rather than that of the (...) foetus), it had not been violated. While the facts in Vo were extreme and exceptional, the Court will shortly hear the case of D v. Ireland concerning access to abortion for foetal anomaly, an application made under Articles 3, 8, 10 and 14 of the European Convention. If the case of D were declared admissible, the Court would then have to consider whether a denial of access to abortion for foetal anomaly constitutes inhuman and degrading treatment contrary to Article 3, or an interference with a pregnant woman’s right to respect for private life under Article 8 (and if so, how the doctrine of the margin of appreciation applies). The Grand Chamber precedent of Vo displays ambivalence about whether Article 2 should apply to foetal life, and its resort to the “even assuming” formula spared Member States the difficulty of having to justify their various abortion regimes, by reference to this Article. It remains to be seen whether in a case like D that is directly concerned with abortion, the Court will take a more definite stance on the correct balance to be struck between the State’s interest in protecting foetal life and the Convention rights of pregnant women. (shrink)

In this article the paradoxical role of legal science in legal practice is discussed. On the one hand, legal scientists do not agree on the criterions of the scientific character of legal science. On the other hand, even in the legal cases that are especially complicated it is possible to arrive at theoretically unquestionable decisions. The author of the article concludes that legal practice is based on fundamental theoretical insights; however, in legal practice these insights are used more intuitively than (...) reflectively. Therefore, the aim of the article is to rationally reconstruct these theoretical insights with reference to the ideas of modern schools of legal philosophy. For this purpose the ideas of the theory of natural law are discussed. It is concluded that in legal practice two provisions of natural law are applied: legal decisions ought to be reasonable and must include existential ends (basic values). The evolution of the legal positivism is discussed in the article and it is concluded that legal positivism offers the criterions of the scientific character of legal science by framing the procedural rules of the democratic process of lawmaking. These rules anticipate such conditions: consensus concerning decision making; equal participation of all members of legal discourse confirming normative decisions; the acceptability of consequences after the realisation of normative decisions; the possibility to reaffirm normative decisions, if necessary. The ideas of virtue jurisprudence are discussed and it is claimed that virtue jurisprudence as a criterion of the scientific character of law proposes such theoretical position: the decisions concerning human rights must supply the value system (hierarchy) and the virtues which are formed and justified in the long legal tradition. The article represents the use of these criterions of the scientific character of legal science by Jurgen Habermas to debate about legal prohibition of the improvement of the human genome by using modern technologies of genome engineering in the Convention of Human Rights and Biomedicine (Oviedo, 1997). (shrink)

As evidenced by high-throughput sequencers, genomic technologies have recently undergone radical advances. These technologies enable comprehensive sequencing of personal genomes considerably more efficiently and less expensively than heretofore. These developments present a challenge to the conventional framework of biomedical ethics; under these changing circumstances, each research project has to develop a pragmatic research policy. Based on the experience with a new large-scale project—the Genome Science Project—this article presents a novel approach to conducting a specific policy for personal genome research in (...) the Japanese context. In creating an original informed-consent form template for the project, we present a two-tiered process: making the draft of the template following an analysis of national and international policies; refining the draft template in conjunction with genome project researchers for practical application. Through practical use of the template, we have gained valuable experience in addressing challenges in the ethical review process, such as the importance of sharing details of the latest developments in genomics with members of research ethics committees. We discuss certain limitations of the conventional concept of informed consent and its governance system and suggest the potential of an alternative process using information technology. (shrink)

Media reports are increasingly drawing attention to animal welfare issues related to surplus calves in dairy farming. Most calves born on conventional or organic dairy farms in Baden-Wuerttemberg (southern Germany) which are not needed for breeding or as replacement heifers are sold at about two to five weeks of age to conventional fattening farms located in northern Germany or other European countries. Associated animal welfare concerns pose an ethical issue, especially for organic dairy farms. In the present study, a representative (...) online survey (N = 918) in south-west Germany is conducted to investigate public’s awareness of issues related to dairy calves and their attitude towards various aspects of calf management. Regression analysis was used to examine whether public’s awareness of animal welfare issues, attitude toward calf management, and empathy with surplus dairy calves are associated with consumption frequency of organic, dairy and beef/veal products. Results indicate that most members of the public are aware of only a few common practices in dairy calf rearing but they are concerned about the well-being of dairy calves and have compassion for these animals. Organic food consumption frequency was linked to participants’ age, income, attitude, and awareness of issues. Consumption frequency of beef/veal products was related to gender, presence of children, attitude, and empathy, whereas dairy product consumption frequency was associated with income, presence of children, and problem awareness. This seems to indicate that members of the public are not aware of the link between dairy and meat industries - or that this awareness is not reflected in their consumption behavior. (shrink)

The aim of this paper is to motivate and defend a conventional approach to assertion and other illocutionary acts. Such an approach takes assertions, questions and orders to be moves within an essentially rule-governed activity similar to a game. The most controversial aspect of a conventional account of assertion is that according to it, for classifying an utterance as an assertion, question or command, “it is irrelevant what intentions the person speaking may have had” (Dummett 1973, p. 302). I understand (...) this to mean that it is irrelevant for the issue of whether an utterance is an assertion whether the utterer has certain communicative intentions, such as the intention to utter something true, the intention to get one’s audience to believe (that one believes) what one has asserted etc. Just as one can commit a foul in football without meaning to do so, one can make an assertion, issue a command or ask a question without meaning to do so. The rules of football specify that a certain form of conduct (tackling an opponent in a certain way), carried out under certain general conditions (being a member of a team engaged in a game of football) counts as committing a foul. Similarly, I claim, the rules of language specify that a certain form of conduct (uttering an assertoric sentence), carried out under certain general conditions (being a member of a speech community engaged in a conversation) counts as making an assertion. (shrink)

Representations of intense emotions are rare in the Chinese visual tradition in comparison with their counterpart in literary convention. While the reasons for this deserve an in-depth interdisciplinary study, such general reservation contrastingly highlights a distinct visual phenomenon that emerged and flourished during the middle period. This time period witnessed a growing number of visual representations of grieving figures in funerary and religious contexts. By articulating various representational modes of mourning images, this essay discusses a significant development in the (...) emotional lives of middle-period Chinese. Occupying seemingly disparate ritual spaces the images of sorrowful mourners conspicuously emerged as an appealing motif for adorning the burial spaces of their deceased. These two sites of intense affect reveal that era’s desire for placing the virtual mourner in the space designed for the dead as a visual agency conveying the emotive surrounding the death of the beloved, be they local monks or family members, who often lacked literary means to express their feelings. Recognizing this affective mode helps us to better understand the complex interplay between the emotions, the social and cultural sanctions in expressing them, and the visual codes created thereof, in post-medieval China. (shrink)

Representations of intense emotions are rare in the Chinese visual tradition in comparison with their counterpart in literary convention. While the reasons for this deserve an in-depth interdisciplinary study, such general reservation contrastingly highlights a distinct visual phenomenon that emerged and flourished during the middle period. This time period witnessed a growing number of visual representations of grieving figures in funerary and religious contexts. By articulating various representational modes of mourning images, this essay discusses a significant development in the (...) emotional lives of middle-period Chinese. Occupying seemingly disparate ritual spaces the images of sorrowful mourners conspicuously emerged as an appealing motif for adorning the burial spaces of their deceased. These two sites of intense affect reveal that era’s desire for placing the virtual mourner in the space designed for the dead as a visual agency conveying the emotive surrounding the death of the beloved, be they local monks or family members, who often lacked literary means to express their feelings. Recognizing this affective mode helps us to better understand the complex interplay between the emotions, the social and cultural sanctions in expressing them, and the visual codes created thereof, in post-medieval China. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Fashioning the "Order of Saint Clare." A Rule illuminated by Neri da Rimini:Princeton University Library MS 83 in contextFrances Andrews (bio) and Louise Bourdua (bio)KeywordsRule of Urban IV, Clare of Assisi, Urbanist Clare nuns, Manuscript illumination, Neri da RiminiIntroduction1This interdisciplinary essay is an investigation of an illuminated, early 14th-century copy of the rule of the "Order of Saint Clare" issued by Pope Urban IV in 1263, now in Princeton. (...) It examines the unprecedented visual language adopted in a female Franciscan context to authorize their way of life, and places the manuscript in context, exploring how it relates to other early representations showing Saints Francis and Clare together and documenting the production of this and comparable early rule manuscripts, including a previously unpublished copy now in Venice.2Thousands of manuscript copies of rules of life were produced in and for late medieval religious houses and their members, good numbers of which remain extant, though these are scarce remnants of what must originally have been produced. Rules do sometimes appear in extant library inventories,3 but unlike individual books destined for personal [End Page 75] prayer or study and ultimately deposit in a conventual library, their primary purpose was as legal texts binding all who professed them.4 In their iterative function, read and reread, alone or aloud in the community, they were comparable to liturgical books, though they were not for use in church nor kept in the sacristy.5 In the rule of Urban IV for the Order of Saint Clare investigated here, chapter twenty-four required that the rule be read and explained annually by the visitator, while the final chapter emphasized that it be read once each fortnight lest the sisters neglect it.6 This sort of repetition must have ensured most nuns knew the rule by memory, having first encountered its details as novices, with no need to own the text. Copies were perhaps in the hands of the abbess, a visitator, or other monastic superior, or kept in the chapter room or refectory, ready for routine use.7 Nonetheless, wealthier women may have had a copy prepared or received one as a gift, either on entering the religious life or on becoming a superior responsible for its observance.8Princeton University Library, Manuscripts Division, Department of Rare Books and Special Collections, MS 83, contains a Latin, [End Page 76] professionally made and illuminated copy of the text designed to substitute existing rules, including the 1219 Forma Vitae issued by Cardinal Hugolino and the rule of Innocent IV from 1247.9 Clare's own hard-fought for rule, approved in 1253, was initially for the San Damiano community alone and was followed in subsequent decades by a very small group of houses.10 The making of Urban IV's rule, adopted instead by hundreds of communities, has been much discussed, but the survival of this early illuminated copy has gone unnoticed outside the library catalog.11 The manuscript includes the earliest extant sequence known to us showing Clare of Assisi receiving the rule from the pope and in turn taking the profession of her sisters, images designed to legitimize the new order by building ties to its "founder" while yet acknowledging its papal origins. Among extant imagery it is pioneering. The large, illuminated initials have been recognized as painted by Nerius da Rimini and his workshop but the case has never been set out and PUL MS 83 has [End Page 77] not been included in accounts of this artist's production.12 Better known as "Neri," he is a comparatively well-documented manuscript illuminator whose signatures sometimes survive on his work, a rare practice at this date.13Historians of medieval women religious are by now familiar with books produced by women themselves.14 A beautiful manuscript, for example, containing Bonaventure's Legenda Maior of Saint Francis, the Vita beati Antonii and documents relating to the Portiuncula indulgence was written in Latin in 1337 by two sisters, Elspet von Amberk and Katerina von Purchausen, perhaps living in the Paradies convent in Diessenhofen (Switzerland).15 Other women have been identified as skilled illuminators.16 The prolific activity of... (shrink)

The analysis of how social conventions emerge and become established is rightly viewed as a significant study of great relevance to models of legal and social systems. Such conventions, however, do not operate in a monotonic fashion, i.e. the fact that a convention is recognised and complied with at some instant is no guarantee it will continue to be so indefinitely. In total rules and protocols may evolve, with or without the consent of individual members of the society, even (...) to the extent that some cease to be observed or effective. In this paper we examine a framework for examining such changes in behavioural conventions that uses a proposed “taxonomy of social conventions” as the basis of a qualitative model deriving from value-based argument systems. (shrink)

Discourse communities are groups of people who share common ideologies, and common ways of speaking about things. They can be sharply or loosely defined. We are each members of multiple discourse communities. Discourse can colonize the members of discourse communities, taking over domains of thought by means of ideology. The development of new discourse communities can serve positive ends, but discourse communities create risks as well. In our own work on the narratives of people with interests in health care, for (...) example, we find that patients speak of their illness experiences as victims of circumstance; policy makers construct adverse experiences and challenges as opportunities to be taken; health care workers speak from a mixed perspective, seeing themselves as both victims and opportunists depending on context. To be trapped within the discourse of a particular community is to put at risk the ability to communicate across discourses. Membership of a discourse community can impair the habit of critique, and deny opportunities for heteroglossic discourse. Privileging critique as a mode of discourse perhaps might define the ethical community, suggesting that ethical community may be an antidote to the constraining effects of conventional discourse community. (shrink)

The European Convention of Human Rights system was originally created to sound the alarm if democracy was threatened in the member states. Yet, it eventually developed into a very different system with a focus on providing individual justice in an ever growing number of member states. This transformation has raised fundamental questions as to the level of difference and diversity allowed within the common European human rights space. Was the system to rest on minimum standards with room (...) for domestic differences, or was it to create uniform standards? These questions have come up as increasingly contentious issues over the past years and have triggered a number of reforms seeking to introduce more subsidiarity in the system, striking a different balance between the European and national oversight of human rights. The article analyses this turn to subsidiarity by exploring whether the reform process has introduced new forms of difference and diversity within the common space of European human rights. Covering the period from 2000 to the end of 2019 and using a dataset of all judgments of the period, the article provides a structural analysis of developments in reference to the margin of appreciation which is the European Court of Human Rights’ long-standing tool for balancing the common standards, yet leaving space for individual member states to find local solutions to implementing those standards. It concludes that recent developments have contributed to a more federal-style construction of European human rights with more space for differences within the common general standards. (shrink)

There are two general classes of social conventions: conventions of coordination, and conventions of partial conflict. In coordination problems, the interests of the agents coincide, while in partial conflict problems, some agents stand to gain only if other agents unilaterally make certain sacrifices. Lewis' (1969) pathbreaking analysis of convention in terms of game theory focuses on coordination problems, and cannot accommodate partial conflict problems. In this paper, I propose a new game-theoretic definition of convention which generalizes previous game-theoretic (...) definitions (Lewis 1969, Vanderschraaf 1995), and which can be used to characterize norms of justice in partial conflict situations. I argue that the key structural property necessary for a social arrangement to be a convention is that it be conditionally self-enforcing, in the sense that: (i) each agent has a decisive reason to follow her end of the arrangement given that she expects all to do likewise, (ii) given a different set of expectations, some agents would have had a decisive reason to deviate, and (iii) these facts are common knowledge. This leads to a definition of convention as a strict correlated equilibrium (Aumann 1974) together with appropriate common knowledge conditions. Examples are given in which it is shown how this more general account of convention can be used to analyze norms of justice as well as coordination problems. It is only a general sense of common interest; which sense all the members of the society express to one another, and which induces them to regulate their conduct by certain rules. I observe, that it will be for my interest to leave another in the possession of his goods, provided he will act in the same manner with regard to me. He is sensible of a like interest in the regulation of his conduct. When this common sense of interest is mutually express'd, and is known to both, it produces a suitable resolution and behavior. And this may properly be call'd a convention or agreement betwixt us,.. (shrink)

In this work the authors present a general theory of bureaucracy and use it to explain behaviour in large organizations and to explain what determines efficiency in both governments and business corporations. The theory uses the methods of standard neoclassical economic theory. It relies on two central principles: that members of an organization trade with one another and that they compete with one another. Authority, which is the basis for conventional theories of bureaucracy, is given a role, despite reliance on (...) the idea of trade between bureaucracies. It is argued, however, that bureaucracies cannot operate efficiently on the basis of authority alone. Exchange between bureaucrats is hampered because promises are not enforceable. So trust and loyalty between members of bureaucratic networks play an important part. The authors find that vertical networks promote efficiency while horizontal ones impede it. (shrink)

This paper is concerned with the Convention’s “democracy clause,” that is Article 3 of Protocol No. 1, which provides for the right to free elections. Why should it be described as a “democracy clause” and what is its significance for today? The paper first sketches out the drafting history, which reveals that while the framers were keen to preserve their inherited domestic institutions, they also thought it crucial to promote democracy. The Convention invokes but does not define democracy. (...) It is within the Court’s competence to elucidate its meaning. The Court holds that pluralist democracy is the only system compatible with the Convention. This paper argues that Article 3 of Protocol No. 1 further presupposes a representative legislature. It does not require member states to introduce a specific system of elections and representation, but it obliges them to conform to parliamentary democracy. Thus, the Court’s model of democracy rests on two pillars: pluralism and parliamentarism. It subscribes to pluralist democracy theories but contradicts the monolithic conception endorsed by Carl Schmitt. The Court’s model has the potential to offer a robust account of democracy. Yet, Article 3 of Protocol No. 1 has never lived up to its potential. The Court’s relevant jurisprudence is inadequate to address the contemporary antidemocratic shifts that are underway in certain member states. Hence, the paper suggests that the Court’s power to apply this clause is not limited to general elections but also extends to presidential elections and referendums. (shrink)

This paper discusses conventional and Islamic concepts of distributivejustice, and develops propositions for the establishment of firms deemed to bemoral firms from Islamic perspective. Generally, distributive justice impliesthat goods should be distributed among members of the community accordingto their standing in society. In the Islamic scenario, however, the positive andthe normative aspects work simultaneously. The management of a firm seeksnot only to earn profit in this world but also to get reward in the life-hereafter.Thus, it is duty of a firm (...) to serve the community and look after its shareholders,employees and consumers. This paper also postulates that in a cooperativecum-competitive environment, firms have the same responsibilities as othermembers of the society. Hence, it is the duty of the firm to maintain distributivejustice among its stakeholders. It is also suggested that in the framework of theShariʽah, if there are any imperfections in the market, it is the responsibilityof the state to remove them. This paper also discusses the social and moralresponsibilities of the firms which claim that their products are Shariʽahcompliant. (shrink)

PurposeThis paper aims to demonstrate the relevance of worldviews of the global south to debates of artificial intelligence, enhancing the human rights debate on artificial intelligence (AI) and critically reviewing the paper of UNESCO Commission on the Ethics of Scientific Knowledge and Technology (COMEST) that preceded the drafting of the UNESCO guidelines on AI. Different value systems may lead to different choices in programming and application of AI. Programming languages may acerbate existing biases as a people’s worldview is captured in (...) its language. What are the implications for AI when seen from a collective ontology? Ubuntu (I am a person through other persons) starts from collective morals rather than individual ethics.Design/methodology/approachLiterature overview on the African philosophy of Ubuntu as applied to artificial intelligence. Application of it to the United Nations Educational, Scientific and Cultural Organisation (UNESCO) debates on establishing guidelines to the ethics of artificial intelligence.FindingsMetaphysically, Ubuntu and its conception of social personhood (attained during one’s life) largely rejects transhumanism. When confronted with economic choices, Ubuntu favors sharing above competition and thus an anticapitalist logic of equitable distribution of AI benefits, humaneness and nonexploitation. When confronted with issues of privacy, Ubuntu emphasizes transparency to group members, rather than individual privacy, yet it calls for stronger (group privacy) protection. In democratic terms, it promotes consensus decision-making over representative democracy. Certain applications of AI may be more controversial in Africa than in other parts of the world, like care for the elderly, that deserve the utmost respect and attention, and which builds moral personhood. At the same time, AI may be helpful, as care from the home and community is encouraged from an Ubuntu perspective. The report on AI and ethics of the UNESCO World COMEST formulated principles as input, which are analyzed from the African ontological point of view. COMEST departs from “universal” concepts of individual human rights, sustainability and good governance which are not necessarily fully compatible with relatedness, including future and past generations. Next to rules based approaches, which may hamper diversity, bottom-up approaches are needed with intercultural deep learning algorithms.Research limitations/implicationsThere is very few existing literature on AI and Ubuntu. Therefore, this paper is of an explorative nature.Practical implicationsThe ethics of Ubuntu offers unique vantage points in looking at the organization of society and economics today, which are also relevant for development of AI, especially in its tenet of relatedness rather than individuality (and practical use of AI for individuals), taking responsibility for society as a whole (such as analyzing the benefit of AI for all strata of society), and embodying true inclusiveness. Whether looking at top-down guidelines for the development and implementation of AI or the bottom-up ethical learning process of AI (deep learning), ethics of the Global South can have an important role to play to combat global individualist tendencies and inequity, likely reinforced by AI. This warrants far more research.Social implicationsApplications of AI in Africa are not contextualized, do not address the most pressing needs of the African continent, lead to cybersecurity issues and also do not incorporate African ethics. UNESCO’s work in this regard is important but expert inputs are largely centered around Western “universal” principles and Organisation for Economic Cooperation and Development and EU precedence. African ethics have, so far, a small role to play in global ethics and philosophy and therefore risk to be overlooked in the discussion on AI and ethics. This is why the consultation process of UNESCO on ethics of AI was of paramount importance. However, it does not automatically lead to consultation of African philosophers or sages, as many are educated in Western (ized) education systems. See further details under practical implications.Originality/valueThis is a new area of research in which little work has been done so far. This paper offers the opportunity to widen the debate on AI and ethics beyond the conventional discourse, involving multiple worldviews, of which Ubuntu is just one. (shrink)

Having sold more than 100 million records worldwide, KISS has come to be one of the best selling bands of all-time. From their over-the-top stage personas and theatrics to their eclectic merchandising endeavors that span from condoms to caskets, KISS has lived up to their famous tagline as “the hottest band in the world.” This chapter analyzes the band—and the brand—that is KISS through the lenses of the philosophies of Friedrich Nietzsche and Mikhail Bakhtin. KISS’s music can be properly understood (...) as an embodiment of what Nietzsche calls the Dionysian in The Birth of Tragedy. As opposed to the measured and calm restraint that is found in Apollonian music, Dionysian music praises the raw, instinctual and the libidinous aspects of life. Songs like “Shout it Out Loud” that embrace the party life and songs like “I Was Made For Lovin’ You” that celebrate sex are exemplars of the Dionysian. KISS, however, is much more than their music. KISS brings to life what Bakhtin refers to as carnival wherein ordinary social conventions are turned upside down and a freer, unrestricted, and playful world emerges that proclaims the joyful relativity of all order and structure. The KISS Kondom, which is marketed as a condom that offers “Love Gun Protection,” demonstrates the levity that often accompanies Bakhtinian carnival, as does the KISS Kasket, a coffin licensed by the band that dons the famous KISS logo and pictures of the band members in their iconic make-up. By manifesting carnival, KISS taps into what Bakhtin refers to as the latent sides of human nature that otherwise remain hidden and thereby teach us all to lighten up a bit. While most of us can’t “rock and roll all nite and party every day,” KISS reminds us that the sometimes sterile status quo needs to be loosened up every once in a while and swapped out for a more playful world. (shrink)