This chapter contains sections titled: Feudalism Magna Carta28 The Basic Idea: No One Is Above the Law The Modern West Takes Shape From Law to Commerce Equality Before the Law Conclusion Discussion Acknowledgments.

The article emphasizes the importance of the Charter of Local Self-Government to the Lithuanian national legal system. Lithuania has ratified the Charter, not only acknowledged, but also committed to implement its provisions. The Charter consists of 13 items representing the essence of local self-government, which sets the content and is the principal purpose of local public. The principles should be not only a declaratory move into the national legal system, but also (...) recognized as a state’s obligation to follow them. The article analyzes the content of the Charter principles, their incorporation level in the national legal system. During the study noted that between the executive and local authorities are the differences of interpreting and dysfunctions implemented a few principles of the Charter: subsidiary and decentralization, local government financial autonomy and the freedom of formation executive local bodies. (shrink)

Abstract In this paper, we explore how the application of technological tools has reshaped food production systems in ways that foster large-scale outbreaks of foodborne illness. Outbreaks of foodborne illness have received increasing attention in recent years, resulting in a growing awareness of the negative impacts associated with industrial food production. These trends indicate a need to examine systemic causes of outbreaks and how they are being addressed. In this paper, we analyze outbreaks linked to ground beef and salad greens. (...) These case studies are informed by personal interviews, site visits, and an extensive review of government documents and peer-reviewed literature. To explore these cases, we draw from actor-network theory and political economy to analyze the relationships between technological tools, the design of industrial production systems, and the emergence and spread of pathogenic bacteria. We also examine if current responses to outbreaks represent reflexive change. Lastly, we use the myth of Prometheus to discuss ethical issues regarding the use of technology in food production. Our findings indicate that current tools and systems were designed with a narrow focus on economic efficiency, while overlooking relationships with pathogenic bacteria and negative social impacts. In addition, we find that current responses to outbreaks do not represent reflexive change and a continued reliance on technological fixes to systemic problems may result in greater problems in the future. We argue that much can be learned from the myth of Prometheus. In particular, justice and reverence need to play a more significant role in guiding production decisions. Content Type Journal Article Category Articles Pages 1-26 DOI 10.1007/s10806-011-9357-8 Authors Diana Stuart, Kellogg Biological Station and Department of Sociology, Michigan State University, 3700 East Gull Lake Drive, Hickory Corners, MI 49060, USA Michelle R. Woroosz, Department of Agricultural Economics and Rural Sociology, Auburn University, 306A Comer Hall, Auburn, AL 36849, USA Journal Journal of Agricultural and Environmental Ethics Online ISSN 1573-322X Print ISSN 1187-7863. (shrink)

The review of activity of local governments of Leningrad on the solution of social problems is presented in article in the period of the Great Patriotic War and restoration of municipal economy during the post-war period. The considerable attention is paid to questions of ensuring activity of the population and the main directions of social policy. Consequences of the public regress caused by war, which detained for many decades development of the social sphere in the country, are not (...) studied yet. In this regard, the judgment of process of overcoming of these consequences, research of the principles of work, methods and forms of administrative activities for the organization of full-fledged life of citizens during the recovery post-war period and in the next decades is of special interest. Completion of World War II entailed changes in a control system of the country - as it is known, extraordinary bodies of authority and management of a wartime in the capital and on places were abolished. Management of restoration and maintenance of full functioning life support system of the cities and areas transferred to local governments of the Soviet power - to city and regional councils of deputies and their constantly operating executive committees. The role of the social sphere in modern conditions more and more increases in improvement of economy, development of democratic processes. The scientific analysis of activity of the central and local authorities for protection and providing the population in years of war and the post-war period gives more deep understanding of role and importance of social questions in life of society. It reveals historical experience of creation, development and implementation of effective mechanism of such activity, that experience is useful for modern management practice of state and local authorities. The considerable case of sources, among which analytical and research works of applied and theoretical character is analyzed. (shrink)

The research analyzes the process of formation of the ethics committee as a new institution in the system of regulation of genetic research. The external factors of this process are the increasing digitalization of medical and research practices, as well as the special situation that is developing in the field of genomic research and the use of genetic technologies, where issues of philosophy, jurisprudence and administration have generated many fundamentally new, and sometimes unexpected contexts. The author shows the similarity (...) and difference of approaches to the inclusion of the ethics committee in the national regulatory systems of different countries and determines the prospects for further integration of the new institution into normative and administrative-regulatory and law enforcement practices. The research applies all the main methods of system analysis and structural and functional analysis, as well as the comparative legal method. At the stage of generalization of empirical material, the author turns to the means and methods of philosophical phenomenology and phenomenological sociology. The study revealed that the ethics committee may have different institutional and regulatory functions in a variety of management and legal systems. Being hybrid in nature, the ethics committee performs various functions, and in various state legal systems and traditions it can combine elements of legislative, executive and judicial power. At times, the ethics committee may go beyond the scope of both a purely administrative and exclusively legal regulator. All this indicates that the integration of this institution into the legal system and into a variety of social practices is far from being completed. (shrink)

This Symposium explores how the theory of commons can be used to study, conceptualize and transform governance models for seed and plant varieties to counter ongoing trends towards agrobiodiversity loss and concentration of economic and political power in farming and food systems. Contributions to the Symposium present case studies from a range of geographical and socio-cultural contexts from the Global North and South. They show how seed and varieties relate to various known commons categories, including natural resource commons, knowledge and (...) cultural commons, and global commons. Elements of these categories need to be integrated to gain a deeper understanding of Seed Commons, including the specific challenges that arise from the fact that seed, although a biological asset, is at least partly shaped by human selection driven by values, knowledge and needs of users. Collective responsibility, sharing of knowledge and seed, protection from private enclosure, and distributed, polycentric governance are key features of Seed Commons. The notion of ‘commoning’ focuses on the social practices and processes that create and sustain commons. Conceptualizing Seed Commons in their complexity offers initial starting points for policies and legal frameworks conducive to releasing the transformative power of Seed Commons for advancing sustainable farming and food systems. (shrink)

Cet article analyse les liens entre les SEL et l'économie solidaire. Les SEL sont définis comme des associations au sein desquelles des personnes échangent services et biens au moyen d'une comptabilité interne tenue en une monnaie propre ; elles émergent en 1983. SEL et économie solidaire partagent certains objectifs communs. Les SEL revendiquent en effet par leurs actions l'institution de nouveaux rapports économiques procédant d'une solidarité sous la forme d'une proximité relationnelle et spatiale, à laquelle ne répondent pas l'échange marchand (...) et la redistribution étatique. Cependant les SEL peuvent voir leur projet solidaire remis en cause, en particulier pour deux raisons : le risque d'instrumentalisation politique d'une part, la contrainte juridique et sociale d'autre part.This article analyzes links between LETS and a civil and solidarity-based economy. LETS are defined as associations in which individuals exchange services and goods by means of an internal accounting system based on its own currency. The first LETS appeared in 1983. These LETS and the new social economy share some common purposes. By their actions, LETS aim to set up a new system of economic relations based on solidarity proceeding from relational and spatial proximity. Market exchanges and State redistribution do not provide an efficient response to these needs. However, there are certain threats to the solidarity aimed at by LETS such as firstly the risk that politicians may instrumentalize these initatives and secondly legal and social constraints. (shrink)

Food security policy, programs, and infrastructure have been incorporated into Public Health and other areas of the Provincial Government in British Columbia, including the adoption of food security as a Public Health Core Program. A policy analysis of the integration into Public Health is completed by merging findings from 48 key informant interviews conducted with government, civil society, and food supply chain representatives involved in the initiatives along with relevant documents and participant/direct observations. The paper then examines the (...) results within the context of historic and international trends and theoretical models of food policy, community food security, and applied policy research. Public Health re-emerged as a driver of food security in BC—both as a key player and in positing the public’s health as a driver in food security and food systems. While Public Health’s lead role supported an increase in legitimacy for food security in BC, interviewees described a clash of cultures between Public Health and civil society. The clash of cultures occurred partly as a result of Public Health’s limited food security mandate and top down approach. Consequently civil society voice at the provincial level was marginalized. A social policy movement toward a new political paradigm—regulatory pluralism—calls for greater engagement of civil society, and for all sectors to work together toward common goals. A new, emerging policy map is proposed for analyzing the dynamics of food security and health promotion initiatives in BC. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy of Music Education Review 11.2 (2003) 185-193 [Access article in PDF] Response to Marja Heimonen, "Music Education and Law:Regulation as an Instrument" Raimo Siltala University Of Helsinki, Finland From a legal point of view, Marja Heimonen's dissertation and the extract published in this issue of PMER, "Music Education and Law: Regulation as an Instrument," presents a most important question: Should music education be regulated by law, and (...) if so, by what kind of legal instruments—by strict legal rules, by softer legal standards, by self-regulation, or by leaving the matter to the laissez-faire and "invisible hand" of the market, where economic efficiency takes over from legal regulation? Heimonen's dissertation is to my knowledge the very first of its own kind, combining elements from music education and the law and, indeed, legal philosophy in an imaginative and highly original manner. Her scholarly position between music education and law is a courageous one because she might invite critical comments equally from the two branches of science involved: the music educational and the legal philosophical one. Yet, she has a gained a profound understanding of the specific needs of music education and of the restrictions of law and legal regulation, and the two-sided approach is really one of the true strengths, and not weaknesses, of the scholarly work. Her approach strives mainly at a broad hermeneutical comprehension of the issue in the humanistic [End Page 185] tradition, but there are other elements involved, as well, related to the analytical or instrumental tradition.There is a large legal comparative part in the treatise, covering approximately one third of the whole thesis, with material drawn from Sweden, England, Germany, and Finland and the system of music education in each. The three legal systems have been chosen with good discretion: one with a common law background (England), one belonging to the Roman-Germanic tradition (Germany), and one from the Scandinavian legal tradition (Sweden), and the Finnish system of music education is then compared to all of them. The Swedish model is based on equal opportunity given to all the applicants with no entrance examinations held and as many willing children accepted to the music schools as is possible. The British system, or rather a "non-system," of music education is privately owned and market-based, with only a few regulations issued by the government and with an emphasis on the visiting peripatetic teachers, voluntary Saturday music schools, and the special schools founded for the musically talented. The German system, like the one in Finland, is based on formal entrance examinations and degrees passed, where both a professional career in music performance and artistic self-expression may be pursued as the primary goal of music education."The Swedes have Abba and Roxette, we the Finns have Kaija Saariaho and Ralf Gothoni"—along with Esa-Pekka Salonen and other world-class conductors, one might add—as Heimonen notes in the text, but why is that so? Does the difference in the outcome, in the sense of a breakthrough either in popular music groups or individual performers in classical music, lie in the system of music education and the legislative ideology at the back of it? Heimonen refuses to give a simple and straightforward answer to that question, declining to place the various systems of music legislation in an order of preference. Instead, she adopts a broadly humanistic and hermeneutical perspective to the issue, where the merits and the disadvantages of each legal system are taken on an individual basis. The Shakespearean question that is so boldly put forth by her, "viz. to regulate or not to regulate," is answered only with reference to a widely humanistic understanding of the complex issue of music education where the intrinsic values of artistic self-expression and the instrumental values of training future professionals in music performance, composing, and conducting, are contrasted with other, but where no winners or losers are identified by her.There would seem to be a connection between a certain legal system and its model of... (shrink)

In this paper, we explore how the application of technological tools has reshaped food production systems in ways that foster large-scale outbreaks of foodborne illness. Outbreaks of foodborne illness have received increasing attention in recent years, resulting in a growing awareness of the negative impacts associated with industrial food production. These trends indicate a need to examine systemic causes of outbreaks and how they are being addressed. In this paper, we analyze outbreaks linked to ground beef and salad greens. These (...) case studies are informed by personal interviews, site visits, and an extensive review of government documents and peer-reviewed literature. To explore these cases, we draw from actor-network theory and political economy to analyze the relationships between technological tools, the design of industrial production systems, and the emergence and spread of pathogenic bacteria. We also examine if current responses to outbreaks represent reflexive change. Lastly, we use the myth of Prometheus to discuss ethical issues regarding the use of technology in food production. Our findings indicate that current tools and systems were designed with a narrow focus on economic efficiency, while overlooking relationships with pathogenic bacteria and negative social impacts. In addition, we find that current responses to outbreaks do not represent reflexive change and a continued reliance on technological fixes to systemic problems may result in greater problems in the future. We argue that much can be learned from the myth of Prometheus. In particular, justice and reverence need to play a more significant role in guiding production decisions. (shrink)

The governance of pharmaceutical medicines entails complex ethical decisions that should, in theory, be the responsibility of democratically accountable government agencies. However, in many Low- and Middle-Income Countries (LMICs), regulatory and health systems constraints mean that many people still lack access to safe, appropriate and affordable medication, posing significant ethical challenges for those working on the “front line”. Drawing on 18 months of fieldwork in Ghana, we present three detailed case studies of individuals in this position: an urban retail (...) pharmacist, a rural over-the-counter medicine retailer, and a local inspector. Through these case studies, we consider the significant burden of “ethical labour” borne by those operating “on the ground”, who navigate complex moral, legal and business imperatives in real time and with very real consequences for those they serve. The paper ends with a reflection on the tensions between abstract, generalised ethical frameworks based on high-level principles, and a pragmatic, contingent ethics-in-practice that foregrounds immediate individual needs – a tension rooted in the gap between the theory and the reality of pharmaceutical governance that shifts the burden of ethical labour downwards and perpetuates long-term public health risks. (shrink)

As noted in Part 1 of this two-part review, school attendance is an important foundational competency for children and adolescents, and school absenteeism has been linked to myriad short- and long-term negative consequences, even into adulthood. Categorical and dimensional approaches for this population have been developed. This article (Part 2 of a two-part review) discusses compatibilities of categorical and dimensional approaches for school attendance and school absenteeism and how these approaches can inform one another. The article also poses a multidimensional (...) multi-tiered system of supports pyramid model as a mechanism for reconciling these approaches, promoting school attendance (and/or prevention of school absenteeism), establishing early warning systems for nimble response to school attendance problems, assisting with global policy review and dissemination and implementation, and adapting to future changes in education and technology. (shrink)

Stronger collaboration between government organizations (GOs), NGOs, and rural people has long been advocated as a means of enhancing the responsiveness, efficiency, and accountability of GOs and NGOs. This paper reviews the arguments and evidence for specific types of collaboration for sustainable agricultural development, setting it into the context of Korten's (1980) concept of “learning process.” Taking recent examples from Udaipur District in India, it reviews the experiences and potential of collaboration, arguing that, while informal interaction increases and enriches (...) the fabric of pluralist development, certain strategic decisions often require a degree of formality. These include decisions on the development of human resources — here both the users and providers of services. Moreover, human resource development (HRD) must be viewed in the context of the mandates, aspirations, and systems of accountability and rewards of the institutions concerned. These determine whether institutions develop and expand their own human resources or draw upon those of others by collaborating with them. Individuals engaged in these organizations can be more effectively induced to collaborate with others by combinations of flexibility and appropriate reward systems than they can be forced to do so by instructions or commands. Several conclusions follow: decisions to act together are unlikely to progress unless translated into concrete actions; authority to take local-level decisions in GOs needs strengthening if they are to provide the necessary flexibility; and, although collaboration should in principle be built on the comparative advantage of different types of organization, in practice, each will have to incorporate the skills of the other, at least to some level, if they are to communicate effectively. NGOs and GOs must also enhance their understanding of farmers' ability to make demands on external organizations. Edging towards collaboration is a delicate and painstaking process. Only if many of the above conditions are given due priority will early examples have something to offer to the numerous NGOs, GOs and international agencies wishing to learn from them. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy of Music Education Review 11.2 (2003) 185-193 [Access article in PDF] Response to Marja Heimonen, "Music Education and Law:Regulation as an Instrument" Raimo Siltala University Of Helsinki, Finland From a legal point of view, Marja Heimonen's dissertation and the extract published in this issue of PMER, "Music Education and Law: Regulation as an Instrument," presents a most important question: Should music education be regulated by law, and (...) if so, by what kind of legal instruments—by strict legal rules, by softer legal standards, by self-regulation, or by leaving the matter to the laissez-faire and "invisible hand" of the market, where economic efficiency takes over from legal regulation? Heimonen's dissertation is to my knowledge the very first of its own kind, combining elements from music education and the law and, indeed, legal philosophy in an imaginative and highly original manner. Her scholarly position between music education and law is a courageous one because she might invite critical comments equally from the two branches of science involved: the music educational and the legal philosophical one. Yet, she has a gained a profound understanding of the specific needs of music education and of the restrictions of law and legal regulation, and the two-sided approach is really one of the true strengths, and not weaknesses, of the scholarly work. Her approach strives mainly at a broad hermeneutical comprehension of the issue in the humanistic [End Page 185] tradition, but there are other elements involved, as well, related to the analytical or instrumental tradition.There is a large legal comparative part in the treatise, covering approximately one third of the whole thesis, with material drawn from Sweden, England, Germany, and Finland and the system of music education in each. The three legal systems have been chosen with good discretion: one with a common law background (England), one belonging to the Roman-Germanic tradition (Germany), and one from the Scandinavian legal tradition (Sweden), and the Finnish system of music education is then compared to all of them. The Swedish model is based on equal opportunity given to all the applicants with no entrance examinations held and as many willing children accepted to the music schools as is possible. The British system, or rather a "non-system," of music education is privately owned and market-based, with only a few regulations issued by the government and with an emphasis on the visiting peripatetic teachers, voluntary Saturday music schools, and the special schools founded for the musically talented. The German system, like the one in Finland, is based on formal entrance examinations and degrees passed, where both a professional career in music performance and artistic self-expression may be pursued as the primary goal of music education."The Swedes have Abba and Roxette, we the Finns have Kaija Saariaho and Ralf Gothoni"—along with Esa-Pekka Salonen and other world-class conductors, one might add—as Heimonen notes in the text, but why is that so? Does the difference in the outcome, in the sense of a breakthrough either in popular music groups or individual performers in classical music, lie in the system of music education and the legislative ideology at the back of it? Heimonen refuses to give a simple and straightforward answer to that question, declining to place the various systems of music legislation in an order of preference. Instead, she adopts a broadly humanistic and hermeneutical perspective to the issue, where the merits and the disadvantages of each legal system are taken on an individual basis. The Shakespearean question that is so boldly put forth by her, "viz. to regulate or not to regulate," is answered only with reference to a widely humanistic understanding of the complex issue of music education where the intrinsic values of artistic self-expression and the instrumental values of training future professionals in music performance, composing, and conducting, are contrasted with other, but where no winners or losers are identified by her.There would seem to be a connection between a certain legal system and its model of... (shrink)

Highly sophisticated capabilities of artificial intelligence (AI) have skyrocketed its popularity across many industry sectors globally. The public sector is one of these. Many cities around the world are trying to position themselves as leaders of urban innovation through the development and deployment of AI systems. Likewise, increasing numbers of local government agencies are attempting to utilise AI technologies in their operations to deliver policy and generate efficiencies in highly uncertain and complex urban environments. While the popularity of (...) AI is on the rise in urban policy circles, there is limited understanding and lack of empirical studies on the city manager perceptions concerning urban AI systems. Bridging this gap is the rationale of this study. The methodological approach adopted in this study is twofold. First, the study collects data through semi-structured interviews with city managers from Australia and the US. Then, the study analyses the data using the summative content analysis technique with two data analysis software. The analysis identifies the following themes and generates insights into local government services: AI adoption areas, cautionary areas, challenges, effects, impacts, knowledge basis, plans, preparedness, roadblocks, technologies, deployment timeframes, and usefulness. The study findings inform city managers in their efforts to deploy AI in their local government operations, and offer directions for prospective research. (shrink)

Practical and conceptual, the Responsible Research and Innovation set of books contributes to the clarification of this new requirement for all sciences and technological innovation. It covers the multiple and international responsibilities, by using various philosophical resources, mostly discussing the following topics: ethics, contingency, normative economy, freedom, corporate social responsibility (CSR), participative technological evaluation, sustainable development, geoengineering, the precautionary principle, standards, interdisciplinarity, and climate management. The ethics of efficiency must be considered with regard to the logic of action or to (...) economic, political, legal or scientific systems. This book presents a question on the central theme of responsible research and innovation (RRI), which has an ethical influence on effective logics. The issue is to question the opportunity and modularities of an ethical effective influence on the logics of efficiency of research and innovation. From the distinction of efficiency and effectiveness, lies the problem of efficacy, the ethical accord between the two. Thus appears the possibility of taking effective responsibility with respect to systematic injustices potentially linked to this efficiency. This book proposes categories to understand the ethical implications of research and innovation processes, under the aspect of their efficacy. (shrink)

The United Nations Educational, Scientific and Cultural Organization's Declaration on Bioethics and Human Rights asserts that governments are morally obliged to promote health and to provide access to quality healthcare, essential medicines and adequate nutrition and water to all members of society. According to UNESCO, this obligation is grounded in a moral commitment to promoting fundamental human rights and emerges from the principle of social responsibility. Yet in an era of ethical pluralism and contentions over the universality of human rights (...) conventions, the extent to which the UNESCO Declaration can motivate behaviors and policies rests, at least in part, upon accepting the moral arguments it makes. In this essay I reflect on a state's moral obligation to provide healthcare from the perspective of Islamic moral theology and law. I examine how Islamic ethico-legal conceptual analogues for human rights and communal responsibility, ḥuqūq al-’ibād and farḍ al-kifāyah and other related constructs might be used to advance a moral argument for healthcare provision by the state. Moving from theory to application, I next illustrate how notions of human rights and social responsibility were used by Muslim stakeholders to buttress moral arguments to support American healthcare reform. In this way, the paper advance discourses on a universal bioethics and common morality by bringing into view the concordances and discordances between Islamic ethico-legal constructs and moral arguments advanced by transnational health policy advocates. It also provides insight into applied Islamic bioethics by demonstrating how Islamic ethico-legal values might inform the discursive outputs of Muslim organizations. (shrink)

The development of the countries of Eastern Europe as a democratic legal state is primarily determined by how rational and efficient the organization of state power is. Recently, one can observe a tendency for riveted attention to change from central to local government, which is represented by local authorities. Local self-government is one of the fundamental democratic foundations of the constitutional system in postmodern society. That is why its modern transformation is being (...) updated by the role of the most important factor in the development of the entire system of Ukrainian statehood. And having chosen the European direction as the vector of external integration, it became expedient to study the experience of countries that have gone through a complex, but progressive, path of reform in a postmodern society. Comparing the European integration aspirations with the program of changes that Ukraine needs, one should choose the right benchmark on which one can or must rely on in the process of modern institutionalization of the power system. In our opinion, the option of choosing a country of permanent democracy, which have gone the path of many years of change, containing revolutionary upheavals, and have a specific historical development, is erroneous. But neighboring European countries, not only bordering Ukraine, but have also gone through similar stages of development, can set the basic vector for domestic institutional changes. For a long time, the Interstate Association of the Visegrad Four Countries has been a partner and conductor of Ukraine’s foreign policy. (shrink)

Millions of Ugandan children have become orphaned over the last two decades, the primary cause being the increasing HIV/AIDS epidemic. This phenomenon has prompted the government to institute numerous legal reforms. These internal reforms, implemented in a legal environment based on English common law and increasingly, international standards, greatly influence the legal inheritance rights of Ugandan orphans and their chances for prosperity. In many regions, however, the traditional local mores trump both national and global standards, (...) meaning that while Ugandan parents may own appreciable property upon death, their children rarely receive it, but rather fall victim to “property grabbing” or mismanagement by relatives. The key impediments to solving this problem and to Uganda’s adoption of a more egalitarian system of inheritance include the ineffectiveness of local councils, the inadequate enforcement of the Children Stature, and the heavily centralized and cumbersome structure of the national government. Therefore, significant reforms are needed, including the pronouncement of a national policy regarding orphans, the reduction of national reliance on NGOs, and the restoration of a national legislative effort to codify orphans’ property rights. (shrink)

Artificial intelligence (AI) will drastically change the healthcare system. Radiology is one speciality that is most affected as AI algorithms are increasingly used in diagnostic imaging. AI‐enhanced health technologies will, inter alia, increase workflow efficiency, improve diagnostic accuracy, reduce healthcare‐related costs, and help alleviate medical personnel shortages in under‐resourced settings. However, the development of AI‐enhanced technologies in healthcare is fraught with legal, ethical, and human rights concerns. Currently, the use of AI in South African healthcare is not governed (...) by sui generis legislation or ethical guidance focused exclusively and specifically on AI, although various provisions and principles from law and ethics find application. This article outlines these normative principles and explains their relationship with the extant legal obligations and regulatory framework as applied to the use of AI in radiology services in South Africa. The article concludes with three key recommendations for radiology practitioners using AI in South Africa. These are the need for: vigilant monitoring of AI use in practice, reforms to the liability framework, and appropriate guidance from local regulators and the Health Professions Council of South Africa on the ethical use of AI. (shrink)

This paper analyzes how, during the Juncker Presidency, the European Commission employed argumentative strategies to address the question of member-states’ compliance with European Union law. There is a literature gap regarding how European leaders employ argumentative strategies to coax member-states to comply with EU legislation and how those strategies can be associated with multilevel governance designs and problem-solving approaches. Building on van Eemeren and Grootendorst’s pragma-dialectical approach to argumentation, the paper explores what dialectical and rhetorical strategies were employed by the (...) Juncker European Commission to build an argumentative regime where the question of compliance with European Union law is articulated with the representation of the European Union as an efficient multilevel governance system. Starting from the distinction between procedural and operational concepts of problem-solving in multilevel governance polities, the paper questions whether the Juncker Commission’s arguments on the need to ensure European Union law compliance favor a particular conception of problem-solving in multilevel governance systems. The paper argues that the argumentative strategies employed by the Juncker European Commission in the field of compliance reveal a preference for an operational notion of problem-solving combined with some aspects of a more procedural perspective of problem-solving in multilevel governance polities. The background of this paper is associated with the growing impact that European legislation has on member-states and also with the efforts developed by the Juncker European Commission in discussing how to improve EU regulation to increase compliance with EU law. (shrink)

This study aims to examine the perceptions of Black, Asian and Minority Ethnic staff in English local government on the ethical nature of their treatment at work, and its mediating effect on their Public Service Motivation. This is a particular imperative in a sector which itself delivers social justice within a strong regulatory system designed to ensure workplace equality and therefore is expected to be a model employer for other organisations. Employees place great importance on their fair (...) treatment by their employers and, in particular, the endeavour of managerial authority to implement equality at work based on their discretionary powers. 2580 valid responses were collected from 15,000 questionnaires sent to staff in five local councils in England. Our analyses show that BAME employees have a significantly stronger PSM than their white colleagues; however, this has been eroded by their perception of unfair treatment: being underpaid allied with a lack of effort from management to ensure an equal work environment, to be specific, to prevent discrimination, bullying, and racism at workplace. Most importantly, the perceived exertion made by management to ensure an equal work environment has a significantly strong mediating effect on PSM and a compensational effect on perceived lower pay. Theoretical and practical implications are discussed. (shrink)

Western Zhou Dynasty Western Zhou bronze inscriptions is to study the history of one of the most important historical data, subject to accurate staging and the Interpretation of the premise. Mid-Western Zhou season Ding, Jin Yang Gui and other information in the "Sikou" is not the official said, there is always a judicial official weekly generation "Sikou" of the set or with a similar view can not be established. Zhou, "Sikou" the establishment of very late times, can only be derived (...) up to the West weekend leaves, and its position is not high, in order to arrest Koudao, maintaining social order as the main ministry. Bureaucracy in the recovery of the Western Zhou Dynasty, it should distinguish Officials with the ministry, and not with the "Rites" and other literature forced analogy. Bronze inscriptions in Western Thou can become a vital historical evidence to study its history, only on the condition of a prudent periodization and explanation. Sikou in bronze inscriptions on xiaojiding and yanggui is not a name for official rank. The argument that there ever existed a judicial office of sikou and alike during the whole Thou Dynasty is problematic. Instead, it was set up as late as in the end of Western Zhou. Ranked rather low, sikou was mainly in charge of conning after robbers and guarding the social security. When doing research on the reinstatement of the bureaucracy in Western Thou, the official rank and its responsibility should be considered in separation, and any effort to conform them to that in zhouli is questionable. (shrink)

The article deals with the question how transnational corporations can bear direct responsibility for human rights abuses they commit by analysing the deficiencies of the current international legal background with respect to human rights and transnational corporations, and the solutions offered by national and regional legal tools. By establishing that current international law is incapable of reducing or compensating for governance gaps, the case law analysis shows that the litigation system under the Alien Tort Claims Act in (...) the United States and ATCA-like litigation possibility in the European Union present a feasible alternative to international law in the field of human rights protection when abuses are committed by transnational corporations. (shrink)

Mounting evidence documents the extraordinary toll on human health resulting from the consumption of unhealthy food products and physical inactivity. In response to America's growing obesity problem, local policymakers have been looking for legal strategies that can be adopted in their communities to encourage healthful behaviors. In order to provide practical tools to policymakers, this article examines four possible venues for local policy change to improve the health of a community: the school environment the built environment () (...) community facilities and the point of sale environment. Finally, the article examines the use of taxes or fees as a means of paying for nutrition policy work as well as potentially reducing the consumption of unhealthy products. This article illustrates that local laws and policies can be a valuable tool in changing a community's environment in order to improve nutritional options and increase opportunities for physical activity. (shrink)

The article takes up the difficult problem of the so-called disobedience of judges against the background of the experiences of the Polish departure from constitutional democracy in 2015–2020. The special role and responsibility of a judge in the state imposes restrictions on her freedom of opinion in the public sphere. Openly manifesting opposition to government policy, which in the case of an ordinary citizen is only the implementation of human rights and freedoms, may be described as controversial and contrary (...) to applicable ethical regulations. The main thesis of this paper is the assertion that although judges who act as impartial arbitrators in disputes should generally refrain from ostentatiously opposing the actions of political authorities, they are not deprived of the possibility of protest. Also in the exercise of office, and not outside the sphere of their duties, judges should take into account overriding moral values that should be implemented by the legal order, and not the values or declarations guiding the government policies. The integrity of the judge, which prescribes restraint in statements and actions in the public sphere, as well as the care for the dignity of the office held, should not be confused with absolute subordination to the legislature or the executive, even if the judge is obliged to apply the law. The traditional attitude of the members of the judiciary, consisting in focusing only on the application of the law in individual cases and the lack of any political involvement, is being reviewed in the face of the spread of majoritarianism and the law abuse as normal techniques of exercising public authority. The disobedience of judges—although difficult to defend at first sight—may seem to be the only possible way to draw public attention to the corruption of the state system. The ‘disobediant’ judges can even be assigned the role of ‘whistleblowers’, which should help to ease their legal liability or their future rehabilitation. (shrink)

COVID-19 exposed flaws in the law regulating the sharing of data and human biological material. This poses obstacles to the epidemic response, which needs accelerated public health research and, in turn, efficient and legitimate HBM and data sharing. Legal reform and development are needed to ensure that HBM and data are shared efficiently and lawfully. Academics have suggested important legal reforms. The first is the clarification of the susceptibility of HBM and HBM derivatives to ownership, including, inter (...) alia, the promulgation of a revised version of the South African Material Transfer Agreement by the Minister of Health. This would remove uncertainty regarding the current SA MTA’s perpetual donor ownership clause. The second is the development of data trusts, the adoption of open access to research data, and the creation of an African ‘data corridor’. This would ensure that data are protected while allowing for the efficient transfer of data between researchers for the collective good and in the interest of the public. The third is the amendment of the Space Affairs Act to extend the powers of the Council of Space Affairs to include the management of data collected through the utilisation of Earth observation and geographical information systems. This would ensure the protection of outer space data, legislating its use and sharing once it lands on Earth. The implementation of these legal reforms and developments will better prepare SA to face future epidemics from a health research perspective. (shrink)

Legality in the Global South suffers from problems of application by convenience. Some rules are applied, and some are not, depending on certain actors, such as the State, the stakeholders, or others. This undermines legitimation as constructed by legality and due process. These problems are connected to a wider complex formed by coloniality, internal colonialism, and a form of functional differentiation that limits autonomy of the different social systems. This complex of structural properties allows States and other actors (...) to systematically use one system against the other or—within a given system—one level of rules against the other. This was the case in Ecuador: in the initial months of quarantine due to Covid-19, the government took decisions about external state bonds following international legislation—and quite contrary ones related to local work contracts. Once again, legality followed different paths in diverse cases. Ecuadorian economic authorities accept and respect conditions on external public bonds which are protected by some complex and specific clauses to secure the payment. The same authorities have different practices towards international and national legislation that were organized in the sense of legal subsidiarity. This text will explore reasons and effects of legal de-differentiation in the Global South in times of crisis. The Ecuadorian case in time of Covid-19 helps to understand how structural problems related to the lack of autonomy of the legal system are perpetuated and lead to effects of convenient political action. (shrink)

What I have tried to do here is to provide a historical example of the interdependence between nature and culture that is one of the themes of this conference. To sum up: Scientific descriptions of the world emerge out of a complex interaction between nature, economic production, and the legal system. “Science” consists of a struggle among scientists, and between scientists and citizens, over what counts as “reality.” Lawmaking, in turn, consists of a struggle between people who want (...) to allocate access to resources for particular purposes, whether for commercial use, recreational use, or “natural” uses. Production, for its part, is a complicated function of technology, the sociology of user groups, the structure of legal entitlements to access, and the availability of resources. Nature, finally, is at any point, to no small degree, the product of past and present human impacts on it — which impacts, in turn, are determined in no small way by the sociology and the legal structure of the market.Each process takes place in continual conversation with all the others. As John Muir put it, “When we try to pick out anything by itself, we find it hitched to everything else in the universe.”45 Historically, resource managers have gotten into trouble when they have unconsciously assumed that such is not the case — yet such, assumptions are powerful because they are made instinctively, unthinkingly, at the level of people's basic understanding of the world and their place in it. Lots of them persist.On the other hand, in a few experimental cases in the United States and Canada where government and users have shared power and responsibility for resources management, including long-range planning for recovery and enhancement, here have been some notable improvements. The strategy goes under the name of “co-management” and involves negotiated agreements for shared decision-making between central authority and local groups. Typically, both government and industry resist such arrangements because they involve restructuring the power relations between different sectors in the industry; the result is that the few experiments in co-management that we have seen in the United States have come in areas, typically fisheries and wildlife, where the resource is in serious crisis and all of the parties to the agreement have had to abandon the positions they held previously.Examples of successful co-management regimes include those among American tribes in the Pacific Northwest, among commercial salmon fishers in Alaska, and in a project to rehabilitate the clam industry in New Jersey. Government employees and local groups share responsibility for gathering scientific data about the resources, for developing plans to manage them, and for enforcing regulations. Successful experiments at co-management seem to generate better scientific data about their resources than traditional management regimes do; they significantly reduce enforcement costs; and they enhance the economic power of the resource users. Most importantly, they nurture among the user groups a sense of control over their own destinies, and a willingness to share both costs and benefits of managing the resources rationally and to develop lasting, stable mechanisms for conflict resolution. The process is both democratic and ecologically rational. The key is to link the day-to-day work of producers to their long-range interests as residents in their communities and as working parts of the ecological systems in which they live.45At a minimum, it is clear that objective certainty about the state of the resources or the likely effect of whatever regulations we do impose is simply not attainable. This is partly because of the important role that random shocks play in the environment (and should play in our thinking about it), and also because of the sheer complexity of the system in which we are embedded. There will always be something that even the most complete model leaves out; and in any event the total system of ecology, production, and management will change every time something changes in any part of it.The policy lesson to be derived from all of this, finally, is that what we ought to sustain when we approach conservation problems is not the size of a particular resource, or even the prosperity of a particular harvesting group, but the long-term health of the interaction between nature, the economy, and the political system. We can recognize that the balance of the system, our attempted insurance against an uncertain future, democracy among user groups, and our moral duty to avoid extinguishing species — all of these things being difficult to quantify — do play integral roles in the conversation between nature and humankind, and perhaps more significant roles than the more objective measures to which we usually look for guidance. We can recognize, as John Muir did, that because everything in the universe is hitched to everything else, every step we take will change the total system in some way. When we make choices, then, we can keep an eye on what kind of conversation we want to have with the rest of Creation and make our choices accordingly. *** DIRECT SUPPORT *** A8402064 00014 *** DIRECT SUPPORT *** A8402064 00015. (shrink)

Mounting evidence documents the extraordinary toll on human health resulting from the consumption of unhealthy food products and physical inactivity. Diseases related to poor nutrition – such as diabetes, heart disease, stroke, and some cancers – are among the leading causes of disability and death in the United States. Poor diet and lack of exercise come second only to tobacco use in actual causes of preventable death in this country. It is estimated that 6% of all adult health care, 7% (...) of Medicare, and 11% of Medicaid expenditures are attributable to obesity. According to the Centers for Disease Control and Prevention, the direct medical cost associated with physical inactivity was nearly $76.6 billion in 2000.In response to America's growing obesity problem, local policymakers have been looking for legal strategies to adopt in their communities to encourage healthful behaviors. Taking the lead from the successful tobacco control movement, nutrition advocates are seeking strategies to “denormalize” unhealthy behaviors, rather than pursuing education-based approaches that encourage individuals to change their own personal behavior. (shrink)

Who is responsible when an AI machine causes something to go wrong? Or is there a gap in the ascription of responsibility? Answers range from claiming there is a unique responsibility gap, several different responsibility gaps, or no gap at all. In a nutshell, the problem is as follows: on the one hand, it seems fitting to hold someone responsible for a wrong caused by an AI machine; on the other hand, there seems to be no fitting bearer of responsibility (...) for this wrong. In this article, we focus on a particular (aspect of the) AI responsibility gap: it seems fitting that someone should bear the legal consequences in scenarios involving AI machines with design defects; however, there seems to be no such fitting bearer. We approach this problem from the legal perspective, and suggest vicarious liability of AI manufacturers as a solution to this problem. Our proposal comes in two variants: the first one has a narrower range of application, but can be easily integrated in current legal frameworks; the second one requires a revision of current legal frameworks, but has a wider range of application. The latter variant employs a broadened account of vicarious liability. We emphasise strengths of the two variants and finally highlight how vicarious liability offers important insights for addressing a moral AI responsibility gap. (shrink)

Behavioral immune system describes psychological mechanisms that detect cues to infectious pathogens in the immediate environment, trigger disease-relevant responses and facilitate behavioral avoidance/escape. BIS activation elicits a perceived vulnerability to disease which can result in conformity with social norms. However, a response to superficial cues can result in aversive responses to people that pose no actual threat, leading to an aversion to unfamiliar others, and likelihood of prejudice. Pathogen-neutralizing behaviors, therefore, have implications for social interaction as well as illness (...) behaviors and responses to health communications. In this study, we investigate how PVD influences conformity, attitudes to other people and to lockdown regulations through the lens of the Reinforcement Sensitivity Theory. RST describes personality in terms of biologically-driven approach and avoidance motivations which support personal goals. Participants from the United Kingdom public completed an RST personality questionnaire and then read either coronavirus morbidity-mortality statistics and current United Kingdom government lifestyle regulations, just the regulations, or no information at all. They all completed the Perceived Vulnerability to Disease scale to assess BIS-relevant Germ Aversion and Perceived Infectability, followed by questions measuring social conformity, warmth toward others and attitudes toward lockdown measures. Significantly lower PVD scores were observed in the no-information condition, with the other conditions showing no difference. In terms of RST, approach behaviors related to goal-drive persistence work alongside fear in explaining conformity to social norms. Reward related approach behaviors partially explained warmth toward others, indicating that social rewards gained through interaction continue to be strong drivers of behavior. We found no role for RST traits in attitudes toward lockdown. Overall, coronavirus-related behavior is not driven purely by fear, but also by social and/or protection goals regulated by approach motivation. This study presents new insights into public perceptions of coronavirus and government regulated lifestyle restrictions, helping to explain social behaviors in terms of biologically driven mechanisms. Such understanding is vital if we are to successfully motivate public behavior to constrain spread of the virus. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Response to Randall Allsup, “Species Counterpoint: Darwin and the Evolution of Forms”Lauri VäkeväI was thrilled to be asked to respond to Randall Allsup's paper as his standpoint appears to be close to my own.1 I take it that his interest in Darwinian metaphors [End Page 220] reflects at least moderate interest in naturalism—an approach that should be taken seriously in our field. However, there are many varieties of (...) naturalism. In the following, I will deliberately interpret Allsup's ideas from the standpoint of the so-called 'soft' or 'cultural' naturalism favored by later Dewey and his followers.2As I see it, the most powerful precept of naturalism is its attack on essentialism—paradoxically the doctrine which focuses most deliberately on the nature of things. The essentialist, however, thinks of nature as something inherent in how things are, making them ultimately what they are. This kind of ultimate nature is something that a contemporary naturalist can never touch, for she only relies on empirical inquiry that departs from and returns to the contingent realm of lived experience. It is the latter that we attempt to make sense of as to try to live our life as fully as possible. At its best, philosophy can help us in this undertaking.To a naturalist, then, the essentialist's use of the term 'nature' is an anachronism, a remnant of an age when philosophers searched for the "really real," certain, absolute, and immutable. Were we to follow philosophical naturalism today, we should rather be looking at how things become empirically realized for cultural agents in their various life-practices. Culture is not seen as distinct from nature but as continuous with it: both can be understood through same means. This also covers the realm of value, which naturalism does not conceive as transcendental in any metaphysically binding sense, but rather as something that is realized in daily life and that thus has an empirical stand.Applied to the philosophy of music, naturalism states that it is futile to look for the essence of this art (or for that matter any art) through philosophical introspection or through logical analysis for the simple reason that we are always in the process of formulating it in our lives. The nature of music depends on the interpretative horizons of cultural agents living in a situation. 'Situation' (understood here in the sense that Dewey used the term) is the existential point of departure of our understanding and as situations vary, so do types of inquiry; therefore, we do not have to take as inclusive any particular claims about music, as they are merely particular answers to certain types of problems. Any path of musical inquiry may be worth taking, not because they all lead to the same destination, but because they can guide us through the rich thicket of possible experience that gives music its significance. This implies an open attitude towards all things musical, a theme which I find strong in Allsup's paper.One can also read another important naturalist point in his essay: "music—like life—evolves." Evolution is indeed a recurring theme in contemporary philosophical naturalism: what was previously considered as static or as perennial in nature and in culture can be now seen as being under continuous change. [End Page 221] Even mountains (and this is one of Dewey's favorite similes3 ) can be considered as events in the long run and even the most persistent of culture's beliefs may crumble someday.This awareness of all-encompassing change may not be very comforting: it might be mentally healthier to cling to rationalizations of how things that appear to change in fact do not. It may be more comforting to think that there must be a stable principle, a system of universally set rules, governing the randomness. For centuries, philosophy has been driven by this belief. In the philosophy of music, this is reflected in the problem of how the most ephemeral of the arts can be explained as having everlasting value. Mutatis mutandis, when music educators have argued over the pedagogical significance of music, one of the most pervasive ideas has been that music... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Response to Frede V. Nielsen, “Didactology as A Field of Theory and Research in Music Education”Marja HeimonenFrede Nielsen describes the two main aspects of music pedagogy as the normative (and prescriptive) and the descriptive (and analytical) aspects. As a precondition for his discussion, he explores some important concepts and terms such as Didaktik. He argues that it is impossible to translate and transfer certain concepts into English. The German (...) tradition, however, has influenced Scandinavian pedagogical discussion and the content of pedagogical terms and concepts in Denmark and Finland is usually congruent with German terminology. Therefore, Nielsen analyzes the German concepts carefully.An example from my own experience as a teacher of both pedagogy and didactics at the Helsinki Conservatory/Polytechnic may throw some light on this [End Page 98] matter from the Finnish perspective. The traditional title of the subject "piano pedagogy" (offered to students who aim to become instrumental teachers) was changed to "piano didactics" some years ago. The content of this course also changed in that alongside practical work (teaching) theoretical courses were also included. The reason for this change was expressed in the same terms that Nielsen presents in his paper: Didaktik (in Finnish didaktiikka) signifies both a theoretical and a practice-oriented approach to teaching.According to Nielsen, the principal question concerning Didaktik is What is the essential content in music education? This is a philosophical (as well as a legal) issue concerning the aims of education and the matter of who has the right to decide the content. These kinds of matters can also be drawn on a larger canvas: the education of human beings generally. Music education (especially in the context of general education) is not only concerned with the skills that will enable pupils to become competent musicians. On the contrary and more profoundly, it aims to broaden the mind and expand the possibilities of thought and feeling. According to several researchers (such as Estelle Jorgensen, Anthony E. Kemp, David Best, Matti Huttunen, and Heidi Westerlund) music teachers should cultivate a wide understanding of the meaning of education so that music education can relate to human experience and social practices.Nielsen has created four paradigms that might be used when the content of music teaching is formulated. The point of departure may be (a)the subject itself, music, (b)the pupil's culture (or the local culture); in other words, the micro-cultural level, (c)the social problems or conditions of democracy (the macro-cultural level), and/or (d)the fundamental existential condition of human beings. These paradigms do not exclude one another. I consider their function to resemble that of legal principles: they have to be weighed and balanced in a particular situation and context. One or several may, for some time, take priority and push the others into the background just as Nielsen argues. Legal principles are not used as legal rules, but they are "strong" as rules.Legal rules have been compared with rails: rules and regulations (just as rails) are either followed or not. This comparison to a train running on rails also clarifies the relationship between legal regulations and human behaviour: most of these rules are obeyed by habit without profound thinking about aims and principles (c.f. Nielsen's paradigms) behind the legal texts.The most important question Nielsen attempts to raise is the relationship between music and pedagogy (Didaktik). He points out that his aim is not to give normative regulations about what should or should not be taught. Raising questions is an important aim of philosophical research. However, this kind of research may also have normative implications. For instance, philosophical [End Page 99] questions regarding the aims and the content of a subject (such as music) are included in the planning of a National Curriculum (or the National Framework Curriculum formulated by the National Board of Education, as we used to have in Finland). This curriculum is normative: the regulations have to be obeyed when syllabi are formulated in schools at the local level. The Framework Curriculum includes several educational aims; for instance, "a good relationship to music" should be created between the pupil and music. The normative character of this kind of... (shrink)

As liberal democracies, what can the United States, Europe, and Japan be expected to embrace as “democratic” solutions to global environmental problems such as climate change? It is our argument that contradictions in liberal democratic politics lead these states to advocate solutions that are nature-as-commodity oriented and that idealize the notion of “managed nature.” In the case of climate change, we specifically argue that liberal democracies can be expected to pursue a policy regime of “efficient global warming.”.

Increasing adoption of electronic health records in hospitals provides new opportunities for patient data to support public health advances. Such learning healthcare models have generated ethical debate in high-income countries, including on the role of patient and public consent and engagement. Increasing use of electronic health records in low-middle income countries offers important potential to fast-track healthcare improvements in these settings, where a disproportionate burden of global morbidity occurs. Core ethical issues have been raised around the role and form of (...) information sharing processes for learning healthcare systems, including individual consent and individual and public general notification processes, but little research has focused on this perspective in low-middle income countries. We conducted a qualitative study on the role of information sharing and governance processes for inpatient data re-use, using in-depth interviews with 34 health stakeholders at two public hospitals on the Kenyan coast, including health managers, providers and researchers. Data were collected between March and July 2016 and analysed using a framework approach, with Nvivo 10 software to support data management. Most forms of clinical data re-use were seen as an important public health good. Individual consent and general notification processes were often argued as important, but contingent on interrelated influences of the type of data, use and secondary user. Underlying concerns were linked to issues of patient privacy and autonomy; perceived risks to trust in health systems; and fairness in how data would be used, particularly for non-public sector re-users. Support for engagement often turned on the anticipated outcomes of information-sharing processes, as building or undermining trust in healthcare systems. As reported in high income countries, learning healthcare systems in low-middle counties may generate a core ethical tension between supporting a public good and respecting patient autonomy and privacy, with the maintenance of public trust acting as a core requirement. While more evidence is needed on patient and public perspectives on learning healthcare activities, greater collaboration between public health and research governance systems is likely to support the development of efficient and locally responsive learning healthcare activities in LMICs. (shrink)

AI enters more and more spheres of personal and public life, the topic becomes the object of much discussion. The expanding possibilities of these technologies give rise to the need to introduce ethical and legal regulation in order to control them. Hence the question arises as to how far a system can be considered an autonomous entity, similar to the individual possessing this capability. This article examines the question of whether a system with artificial intelligence can be (...) considered a subject in ethical and legal aspect. The aim is to demonstrate the difference between human thinking and behaviour and the activities performed by AI systems in order to outline a framework with ethical and legal norms governing the creation and use of AI. By applying a multidisciplinary approach combining the analysis of philosophical and legal notions of the subject, concepts such as intellect, autonomy, moral and legal responsibility are explored. The conclusion is that no matter how developed these systems are, they cannot be defined as subjects because they cannot perform fully conscious acts and cannot be held morally or legally responsible. (shrink)

Food retailers are powerful actors of the agro-industrial food system. They exert strong lock-in effects that hinder transitions towards more sustainable agri-food systems. Indeed, their marketing practices generally result in excluding the most sustainable food products, such as local, low-input, small-scale farmers’ products. Recently in Belgium, several initiatives have been created to enable the introduction of local products on supermarket shelves. In this article, we study three of those initiatives to analyse if the development of local (...) sourcing in supermarkets opens up an opportunity for a transition towards more sustainable agri-food systems. We conceptualise transitions as a shift in governance and ethical values and adopt a pragmatist approach of ethics combined with the systemic perspective of transition studies, to evaluate the impact of these initiatives. Our analysis shows that they mainly contribute to the reproduction of the incumbent agri-food system. It also highlights that first, to be a driver for sustainability transitions, food ethics need to be systemic i.e. relate to a systemic understanding of problems and perspective of sustainability, including social justice. And second, it highlights that governance arrangements involving not only representative organisations of the various agri-food and non-agricultural actors, but also actors upholding ethical values that are currently missing in conventional supply chains and representing excluded and marginalised interests, favour the uptake of such systemic ethics by incumbent actors. Hence, systemic ethics and inclusive governance are key features for initiatives to contribute to a sustainability transition. (shrink)

This paper points to some limitations of law and economics as both an explanative and a normative theory. In explaining law as the result of efficiency promoting decisions, law and economics theorists often dismiss the reasons actors in the legal system give for their behavior. Recognizing that sometimes actors may be unaware of why institutions evolve as they do, I argue that the case for dismissing reasons for action is weaker when those reasons make reference to rules of (...) practices that constitute the meaning of actions within those practices, or when they have otherwise been given well-considered defenses. In criticizing law and economics as a normative theory, I acknowledge that economic considerations are often important in deciding how to act in the personal sphere and how government should allocate its scarce resources. I argue that while the use of institutions to promote our ideals forces us to take their costs into account, it is a mistake to infer from this that the question of determining social policy is a purely economic problem, and that we should acknowledge the non-utilitarian moral ideals our law and practices promote. This is the basis of both an internal criticism--law and economics theorists have not sufficiently evaluated and weighed the value of fairness and other ideals in their utility calculations--and an external criticism-- these ideals are important in ways that can not be measured in utiles. (shrink)

Like the American system ours is federal: i.e., there are two levels of government, neither of which can change the powers of the other or make laws within certain fields assigned to the other. The British system is 'unitary': the British parliament can make laws on any matter, local government has whatever powers the national government delegates to it. Like the British, ours is a system of responsible government . The Government (...) (the Prime Minister and cabinet) is 'responsible' to parliament. This means that at any time, simply by vote of no confidence, carried on whatever grounds, the parliament can remove the Government from office or force it to call an election. In the American system the head of the executive Government, the President, cannot be removed by the Congress (except by impeachment, which requires a kind of trial). As in the British system, a general election can be called at any time (by the Governor General, on the advice of the Prime Minister). There is a maximum term by which an election must be called, but an election can be held short of term. This makes the parliament responsible to the electorate -- for example, if Government policy that has general community support is blocked by the opposition or minor parties, the Government can appeal to the electorate. In the American system the terms of office of the House of Representatives, Senate, and President are all 'fixed', so that an early election cannot be held. If a President dies or resigns, the Vice President serves out the remaining part of his term. There are no circumstances in which the American President can dissolve Congress and call an early election. The U.S. constitution has separation of powers , i.e., the members of the Executive (in our terms, the Government) do not have seats in Congress or participate in its sessions, and they are not removable by Congress and cannot dissolve Congress. The Judiciary is also separate from both Executive and Congress (though judges are appointed by the Senate on the nomination of the President, and can in exceptional cases be removed).. (shrink)

South Korean cultivators share features with counterparts in both the global south and north. This combination of traits has produced a diversity of sources that underpin a food sovereignty movement. A case study of t’ojong, or native, seed activism illustrates how local systems of meaning and particular constellations of interests make food sovereignty appealing to a broad coalition of farmers, consumers, part-time cultivators, agricultural scientists, and activists for farmers and for women. The country’s experience demonstrates that responses to market (...) encroachment on food production provide only part of the force driving food sovereignty movements. (shrink)

In an earlier paper I argued that we do not have an objective conception of best interests and that this is a particular problem because the courts describe that they use an ‘…objective approach or test. That test is the best interests of the patient’ when choosing for children. I further argued that there was no obvious way in which we could hope to develop an objective notion of best interests. As well as this, I argued that a best-interest-based approach (...) was a particular problem around the time of death of some children. A response from a legal perspective argued that, while there is not a clear conception of objective best interests, the courts have a well-described approach to finding a child's objective best interests. In this paper, I argue that without clear agreement on an objective conception of best interests, the courts are unable to locate an objective sense of best interests and that the solutions do not solve the problems that were identified in the initial paper ‘Death and best interests’. (shrink)

The purpose of the study is to assess changes in Russian legislation and legislative initiatives related to cryptocurrencies and digital financial assets. The article focuses on the possible economic consequences of using cryptocurrency for Russian business; determining the degree of impact of transactions with digital assets on the country's economy in connection with the introduction of the Federal Law of the Russian Federation regarding cryptocurrency. The scientific novelty lies in the development and theoretical justification of the legal principles of (...) regulation of cryptocurrency and its place in the domestic legal system, the need to improve the legislation of the Russian Federation in relation to cryptocurrency is substantiated. As a result, the existing legal framework governing the circulation of cryptocurrencies and digital assets in Russia was analyzed, measures of responsibility for failure to report on transactions with cryptocurrencies were identified, and the need to eliminate disagreements on the legalization of cryptocurrencies in the country was substantiated. (shrink)

In this paper, we develop a neo-Humean response to the problem of moral inclusion by bringing Humean moral philosophy into deep and serious dialogue with Latin American philosophy. Our argument for achieving this two-fold aim unfolds as follows. In section one, we elucidate Mia Sosa-Provencio’s conception of a mestiza ethics of care. We begin by highlighting its fundamental elements, especially its concern with what we refer to as the cultural embeddedness both of moral agents and of moral patients. We then (...) explain how this aspect of the mestiza ethic poses a distinctive challenge for Humean moral philosophy. In section two, we develop a neo-Humean response to this challenge. We begin by highlighting the strengths and limits of trying to develop a response by appealing to Hume’s conceptions of sympathy and humanity. We then present what we take to be the most plausible way for a neo-Humean conception of moral philosophy to offer a satisfactory reply to the challenge posed by the mestiza ethics of care, by appealing to two key concepts from outside the system of Hume’s moral philosophy: namely, sympathetic understanding and relational humility. (shrink)

Derk Pereboom has posed an empirical objection to agent-causal libertarianism: The best empirically confirmed scientific theories feature physical laws predicting no long-run deviations from fixed conditional frequencies that govern events. If agent-causal libertarianism were true, however, then it would be virtually certain, absent ‘wild coincidences’, that such long-run deviations would occur. So, current empirical evidence makes agent-causal libertarianism unlikely. This paper formulates Pereboom’s ‘Problem of Wild Coincidences’ as a five-step argument and considers two recent responses. Then, it offers a different (...) response: The Problem of Wild Coincidences does not show that current empirical evidence makes agent-causal libertarianism unlikely, even if all events are governed by physical laws featuring fixed long-run conditional frequencies and even if agents can ‘overrule’ normal physical laws. (shrink)

The paper focuses on mainstreaming gender equality goals at the level of local government. On the part of local government, this requires foremost the using these different needs to inform all local governance processes – policymaking, planning, budget allocation, Programme development, local service delivery and performance monitoring – in order to directly address existing gender inequalities. The authors proposed a methodology for assessing the gender orientation of local management systems, which is designed in (...) the following parameters: Gender Focal Point (in the organizational structure), gender-sensitive leadership style, gender budget, gender statistics, and gender planning, gender-responsible performance. The use of qualitative characteristics of gender orientation in the local management system allows for both internal introspection and external monitoring. The analysis technique is proposed to the gender content of the municipality website and applied to the Vienna website as a “best practice” of city governance. The model was tested by assessing the gender mainstream practices of local government bodies in Ukraine. In addition, a comparative analysis, and monitoring of the websites of the municipalities of cities with a population of one million in Ukraine (Kyiv, Kharkiv, Dnipro) was carried out. This will allow municipalities to design an individual trajectory for improving gender-mainstreaming practices. (shrink)

That cacophony you hear is coming from the growing number of commentators addressing ethical, social, and policy issues raised by nanotechnology. Like many novel technologies that disturb the status quo, nanotechnologies raise questions about the adequacy of oversight systems; the extent to which the technologies push legal, moral, and political boundaries; and ultimately, the implications for human health and well-being. Because nanoscale techniques and products challenge our ways of thinking about biology, physics, and chemistry, nanotechnology forces us to reconsider (...) accepted wisdom on toxicity, mutagenicity, contamination, biocompatibility, and other interactions among humans, the environment, and technologies. The sheer scale and reach of nanotechnologies demands institutions, collaborations, and conventions that can cross-link knowledge across organizations, disciplines, and locales. If ever there was an occasion to rethink the limits of disciplinary-specific knowledge, norms about regulatory processes, and societal implications of new technologies, nanotechnologies provide the opportunity. (shrink)

The burgeoning field of economic theology constitutes primarily a critical device against the Nachleben of medieval providential theology in modern economic governance. Especially Agamben has highlighted the role of the notion of oikonomia in providential and modern economic thought to promote humble acceptance in light of the problem of evil. I show how economic theology can also be a vantage point for affirmative critique. I discuss Negri’s interpretation of the Book of Job and the Italian feminist appreciation of the Virgin (...) Mary as responses to the problem of evil. Both emphasize the ineradicable potential for resistance to oikonomia in human life instead of merely lamenting humanity’s submission to God’s providential economy, like Agamben. For Negri, this potential is located in humankind’s capacity to protest against God-given evil and re-appropriate God’s potential for creating the world, while the feminists point toward the human ability to care for the vulnerable. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Response to Lauren Kapalka Richerme, "The Diversity Bargain and the Discourse Dance of Equitable and Best," Philosophy of Music Education Review 27, no. 2 (Fall, 2019)Nasim NiknafsI was asked to write a response to Lauren Richerme's convincing research on why and how one should distinguish between "equitable educational practices"1 and what she calls following Ellen Berry the "diversity bargain" where equity as the second-best option has always taken a (...) hit from the more dashing diversity. If I may metaphorically put this conversation into a romantic comedy, equity is always the wingperson of color to diversity as the main protagonist; by the end of the show it is the main protagonist who survives the hardship and reaches salvation, be it a long-lost love, an oasis of sorts, or making it to the finish line. The rest of the cast have the function of complementing and highlighting the main actor but never substituting for it; or they are as Homi Bhabha would say, "almost the same but not quite."2 For the sake of filling in the blank of let's-add-more-color-into-it, the genuine conversation over the nuances of equitable practices gets undermined and diffused of its poignancy. And this is what Richerme is arguing against: let us not forget that a more significant challenge than a mere technicolor presence is at play. In that, my response to Richerme's essay would [End Page 215] not be so much of a response but a grand nod, a body gesture, an embedded signal of approval between two human beings born and raised in two different parts of planet earth who after years of diverse and perhaps un-equitable educational access ended up in the same room at the same time. Thus, my nod to Richerme also originated from personal experiences and intimate familiarities with unequitable educational access. Yes, people of color can be assets to their institutions and their corresponding fields who add to the diversity of knowledge creation practices, but it is not people of color's project or responsibility to act as the trophy to alleviate the unhappy conscience of educational malpractice or give a helping hand to the main protagonists for whom the scenario has already been written. Undoubtedly, they can take on that role if they want to, but it is only contingent upon where their desires lie not where they should lie.I strongly agree with Richerme's claim that music classrooms and I would add any classroom and learning environment should be a place and space for "sharing stories and insights"3 to not only learn about the content material whatever it may be but to learn to empathize with one another, understand positive and negative human behaviors toward humans and their environment, and act against discriminatory practices, racial, ethnic, religious, and gender prejudices, and to the point of Richerme's essay, unequitable practices that are insistent in today's political climate on a global scale.At this very juncture I diverge not from Richerme's fine thesis and argumentation, but from the larger issue of the premise of her arguments grounded on Thomas Green's educational framework.4 Green argues that the "rank order of political arguments that can be mustered in support of the [educational] system … [is] roughly as follows": (1) the fundamental or compelling interests of the state; (2) the aggregate of individual or parental interests; (3) societal interests; and (4) educational goods for their own sake."5 Following Green's framework Richerme analyzes contemporary music education initiatives in relation to the differing political strengths of each group of stakeholders: the state, parents, society, and educational goods for their own sake.There is a sense of mistrust in the local and national government implied by Green's framework, reminding one of the cumulative mistrust of the elite by U.S. citizens. Years of neglect, condescension, and lack of attention to the real and tangible needs of people amalgamated into what today one sees as white nationalism, plutocracy, and protectionism across borders. Green wrote his book, Predicting the Behavior of the Educational System, in 1980; historically the world order was increasingly metamorphosing and establishing itself... (shrink)