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

Le but de cette these consiste a degager l'influence constitutive de l'heritage kantien dans l'elaboration contemporaine du paradigme cosmopolitique en ethique internationale. Cependant, une certaine ambivalence caracterise les ecrits politiques de Kant, oscillant entre un realisme politique et un idealisme moral. L'interpretation rawlsienne du foedus pacificum, quant a elle, reconduit une conception fondamentalement etatiste du projet de paix kantien. Face au fait du pluralisme, Rawls tente d'accommoder certaines preoccupations communautariennes au detriment de l'individualisme normatif et de l'egalite politique des citoyens (...) constitutifs de la democratie liberale. Nous soutenons, contre Rawls, qu'une perspective cosmopolitique d'obedience kantienne ne peut accorder une telle preseance indue aux droits collectifs au prejudice des droits fondamentaux des individus. ;Par contraste, nous soutenons la justification normative d'une theorie particuliere de la democratie cosmopolitique fondee sur la notion de souverainete differenciee dont les representants les plus importants sont David Held et Thomas W. Pogge. Ce modele de gouvernance globale sans gouvernement s'inspire du foedus pacificum kantien qui concoit la possibilite d'une communaute cosmopolitique sans Etat mondial. Nous affirmons que la theorie de la souverainete differenciee, fondee sur le principe de l'autonomie, permet de concilier le fait du pluralisme avec l'universalisme moral des droits fondamentaux. ;Une telle perspective cosmopolitique s'appuie sur une approche pragmatique qui tient compte des criteres de plausibilite historique et institutionnelle. De sorte qu'elle tente d'articuler les prescriptions normatives a partir des caracteristiques empiriques de la globalisation. Or, une analyse attentive du phenomene de la globalisation atteste d'un changement de paradigme en relations internationales qui bouleverse les parametres conceptuels en relations internationales. Ce changement de paradigme libere de nouvelles possibilites conceptuelles en ce qui a trait aux notions traditionnelles de la souverainete de l'Etat et de la democratie. C'est dans la foulee de ces transformations, a la fois structurelles et philosophiques, que l'ideal regulateur d'un partage plus equitable de la souverainete, audela et en deca des bornes territoriales de l'Etat, parait plausible. Dans l'esprit de certaines intuitions kantiennes, il est possible d'elaborer une conception de la citoyennete cosmopolitique et de la sphere publique transnationale capable de surmonter, d'une certaine facon, le deficit de democratie et de representation electorale qui caracterisent presentement les changements inherents a la globalisation. ;Cette these tente de demontrer en quoi le projet de paix kantien constitue la genese philosophique du modele de gouvernance cosmopolitique, fondee sur la theorie de la souverainete differenciee, nous permettant d'envisager certaines propositions de reformes institutionnelles en relations internationale. (shrink)

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

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

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

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

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

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

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

1. A short analysis of the institutional reform legislation of August 1980 allows the ascertainment that the competences «granted» by the central power to the regions are truncated.2. Financial means are also «granted». They consist in merely listing sources of revenues : receipts other then tax, black grants, tax shares, limited tax entitlement and borrowing power. Those financial means are arbitrary chosen, they are not related to the competences granted, they are insufficient.3. Anyway, the existing budgeting system does not allow (...) connecting policies and financial means. A new classification should be of more adequacy to achieve this end.4. Actual regional sovereignty implies that all competences explicitely attributed to the federal level should belong to the regions. In the countries where such a system exists, the regions are mastering 40 to 60 % of the revenues. The kind of regionalisation implemented in Belgium only grants about 8 % to the regions.It is pointed out that 65 % of the current revenues and 46 % of the expenditures could technically be subject to federalisation. Should also the financial system of social security be federalized, then should the part of both ressources and expenditures belonging to the regions increase to 7 5 %.On the long way to federalism in Belgium, the new legislation is just a step, not an arrival. The forthcoming years will probably confirm it. (shrink)

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

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

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

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

Last year marks the first year of implementation for both the Patient Protection and Affordable Care Act and the Mental Health Parity and Addiction Equity Act in the United States. As a result, healthcare reform is moving in the direction of integrating care for physical and mental illness, nudging clinicians to consider medical and psychiatric comorbidity as the expectation rather than the exception. Understanding the intersections of physical and mental illness with autonomy and self-determination in a system realigning its values (...) so fundamentally therefore becomes a top priority for clinicians. Yet Bioethics has missed opportunities to help guide clinicians through one of medicine's most ethically rich and challenging fields. Bioethics' distancing from mental illness is perhaps best explained by two overarching themes: 1) An intrinsic opposition between approaches to personhood rooted in Bioethics' early efforts to protect the competent individual from abuses in the research setting; and 2) Structural forces, such as deinstitutionalization, the Patient Rights Movement, and managed care. These two themes help explain Bioethics' relationship to mental health ethics and may also guide opportunities for rapprochement. The potential role for Bioethics may have the greatest implications for international human rights if bioethicists can re-energize an understanding of autonomy as not only free from abusive intrusions but also with rights to treatment and other fundamental necessities for restoring freedom of choice and self-determination. Bioethics thus has a great opportunity amid healthcare reform to strengthen the important role of the virtuous and humanistic care provider. (shrink)

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

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

Le présupposé éthique et politique de la modernité veut que la " nature " soit extérieure aux humains. Les hommes la considèrent comme leur " environnement ", comme si les choses de la nature étaient conçues aux seules fins de les servir. Telle est l'origine de la crise écologique de notre temps : le projet politique et technique d'asservissement d'une nature fantasmatique vouée à satisfaire nos besoins. L'État moderne résulte donc d'un prétendu droit selon lequel nous devons nous organiser en (...) vue de la lutte contre la nature et non d'une vie en harmonie avec elle. Ainsi pensée, la nature n'est plus qu'un vaste magasin où nous puisons notre nourriture. Quant à sa " valorisation ", elle se réduit à la marchandisation capitaliste de ses ressources. Pour faire face à la crise, nous devons requalifier les fondements politiques et moraux de nos façons de penser et d'agir, et substituer au droit naturel un droit biotique permettant une réforme radicale de la relation qu'entretiennent la cité des hommes et la nature. Car, en réalité, la crise n'est pas écologique mais politique : c'est celle des fondements essentiels de la cité. Plutôt qu'une politique des hommes sur les choses de la nature, il nous faut concevoir une cosmopolitique de la nature. (shrink)

As it is currently understood, the notion of autonomy, both as something that belongs to human beings and human nature, as such, and also as the source or basis of morality , is bound up inextricably with the philosophy of Kant. The term “autonomy” itself derives from classical Greek, where it was applied primarily or even exclusively in a political context, to civic communities possessing independent legislative and self-governing authority. The term was taken up again in Renaissance and early modern (...) times with similar political applications, but was applied also in ecclesiastical disputes about the independence of reformed churches from the former authority in religious matters of the church of the Roman popes. Kant's innovation consisted in conceiving of individual rational persons, as such, as lawgivers or legislators to themselves, and to all rational beings , for their individual modes of behavior. For Kant, rational beings possess a power of legislating for themselves individually, according to which they each set their own personal ends and subject that selection, and their pursuit of the ends in question, to a universal principle, which is expressed in Kant's categorical imperative. The categorical imperative requires that one set one's own ends only within a framework that would warrant acceptance by all other such beings. (shrink)

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

Max Scheler's Reformation of Philosophy of Religion The following contribution aims to show the relevance of Max Scheler's reflections on the relation of Christianity and modernity for the present situation. It interprets Scheler's philosophy of religion in terms of a principle of reformation that can be implicitly found in Scheler's critical assessment of the historical impact of Lutheran Protestantism. Scheler's principle of reformation provides four criteria: autonomy of the religious sphere, dialectics of life and spirit, community beyond religious denominations, and (...) metaphysical determination of the divine. On that basis, we will see that Scheler's "catholic” phenomenology of religion from 1921 only partly meets his own criteria, whereas his "post-catholic” metaphysics of panentheism, developed after 1922, is more suitable to meet these criteria. Two factors are crucial: First, the divine is characterized by a fundamental metaphysical tension between spirit and vital impulsion, which leads to transferring the responsibility of balancing this tension to the history of mankind. Second, the community that corresponds to this metaphysical conception is not delimited by religious denomination but is integrated by solidarity among all human and living beings instead. (shrink)

Ten years after they were set up, the Italian regions have fallen into general discredit. They are discredited by the central government who regards them as a source of support for the opposing Communist Party and has sought to undermine this reform by depriving the regions of all true autonomy. The regions are discredited by the public opinion by not fulfilling the expectations placed in them. Such an assessment does not stand up to a close examination of regional practices : (...) some geographical differences rapidly become obvious, but especially evident are the political differences. In fact, the regions are the product of an apparent agreement between the political parties and have always suffered from political bargaining which explains the national scale of the issues raised at the last elections. Strengthened by the favorable results obtained in certain regions, the Communist Party was quick to turn this statement of the electoral opinion into a « referendum » about the newly formed Cossiga government. (shrink)

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

Feminist legal scholarship has questioned the usefulness of non-consent as a criterion for rape. Under conditions of generalized sexual oppression, consent may not be an adequate for absence of coercion. I defend this argument and propose that rape law reform can be usefully informed by state protection of workers in the capitalist labor market, where it is assumed that the parties occupy an unequal bargaining position.

The debate concerning whether to legalize and regulate the global market in human organs is hindered by a lack of adequate bioethical language. The author argues that the preferential option for the poor, a theological category, can provide the grounding for an inductive moral epistemology adequate for reforming the use of culturally Western bioethical language. He proposes that the traditional, Western concept of bioethical coercion ought to be modified and expanded because the conditions of the market system, as viewed from (...) the perspective of organ vendors systemically deprived of access to sufficient resources, are sufficiently exploitative as to diminish the possibility of these vendors giving informed consent. Moreover, empirical studies conducted by professionals in medicine, sociology, psychiatry, economics, and medical anthropology continue to contribute support to the growing interdisciplinary consensus that functionally coercive structural factors exert the most significant influence upon a vendor's decision to sell an organ within any market, regardless of legality or degree of regulation. Therefore any proposal to legalize and regulate the organ market remains patently unethical because doing so would likely function to constrain further the agency of poor potential vendors. (shrink)

The aim of this article is to analyse the new forms of militarism as well as the position and the role of the armed forces in Latin American political systems in the twenty-first century. The first part analyses two selected forms of military participation in politics: the participation of former servicemembers in presidential elections and their performance as presidents, and the militarisation of political parties. The second part of the article focuses on the issue of contemporary civil-military relations in Latin (...) America, discussing the problems associated with the establishment of democratic control over the armed forces, the reform of the Ministries of Defense and the redefinition of the functions of the army. (shrink)

Substantial efforts have recently been made to reform the physician-patient relationship, particularly toward replacing the `silent world of doctor and patient' with informed patient participation in medical decision-making. This 'new ethos of patient autonomy' has especially insisted on the routine provision of informed consent for all medical interventions. Stronly supported by most bioethicists and the law, as well as more popular writings and expectations, it still seems clear that informed consent has, at best, been received in a lukewarm fashion by (...) most clinicians, many simply rejecting what they commonly refer to as the `myth of informed consent'. The purpose of this book is to defuse this seemingly intractable controversy by offering an efficient and effective operational model of informed consent. This goal is pursued first by reviewing and evaluating, in detail, the agendas, arguments, and supporting materials of its proponents and detractors. A comprehensive review of empirical studies of informed consent is provided, as well as a detailed reflection on the common clinician experience with attempts at informed consent and the exercise of autonomy by patients. In the end, informed consent is recast as a management tool for pursuing clinically and ethically important goods and values that any clinician should see as meriting pursuit. Concurrently, the model incorporates a flexible, anticipatory approach that recognizes that no static, generic ritual can legitimately pursue the quite variable goods and values that may be at stake with different patients in different situations. Finally, efficiency of provision is addressed by not pursuing the unattainable and ancillary. Throughout, the traditional principle of beneficence is appealed to toward articulating an operational model of informed consent as an intervention that is likely to change outcomes at the bedside for the better. (shrink)

This paper uses the controversy over the denial of care on futility grounds as a window into the broader issue of the role of cost in decisions about treatment near the end of life. The focus is on a topic that has not received the attention it deserves: the difference between refusing medical treatment and demanding it. The author discusses health care reform and the ethics of cost control, arguing that we cannot achieve universal access to quality care at affordable (...) care without better public understanding of the moral legitimacy of taking cost into account in health care decisions, even decisions at the end of life. (shrink)

Here I set the stage for developing a Kantian account of punishment attuned to social and economic injustice and to the need for prison reform. I argue that we cannot appreciate Kant's own discussion of punishment unless we read it in light of the theory of justice of which it is a part and the fundamental commitments of that theory to freedom, autonomy and equality. As important, we cannot properly evaluate Kant's advocacy of the law of retribution unless we recognize (...) his theory of justice as an ideal theory. Once we understand both Kant's larger account of justice and its relationship to his less basic commitments, we discover grounds to accept that larger theory, but reject components like the law of retribution with their basis in empirical conclusions we may not share with Kant. We also open the way to develop an account of punishment responsive to social circumstances. (shrink)

The article explores major milestones in reforming higher education in Ukraine, applying the methodology of case studies. It analyzes political and social conditions that influenced the process of reform. The author pays particular attention to the concept of university autonomy, its development and implementation in Ukraine, considering legal and institutional efforts. The impact and experience of some leading institutions like Kyiv-Mohyla Academy is discussed. The author concludes that the task of ensuring comprehensive university autonomy is of a political nature. This (...) is the only reliable instrument for raising of quality of Ukrainian higher education. (shrink)

A new landscape of prenatal testing is presently developing, including new techniques for risk-reducing, non-invasive sampling of foetal DNA and drastically enhanced possibilities of what may be rapidly and precisely analysed, surrounded by a growing commercial genetic testing industry and a general trend of individualization in healthcare policies. This article applies a set of established ethical notions from past debates on PNT for analysing PNT screening-programmes in this new situation. While some basic challenges of PNT stay untouched, the new development (...) supports a radical individualization of how PNT screening is organized. This reformation is, at the same time, difficult to reconcile with responsible spending of resources in a publicly funded healthcare context. Thus, while the ethical imperative of individualization holds and applies to PNT, the new landscape of PNT provides reasons to start rolling back the type of mass-screening programmes currently established in many countries. Instead, more limited offers are suggested, based on considerations of severity of conditions and optimized to simultaneously serve reproductive autonomy and public health within an acceptable frame of priorities. The new landscape of PNT furthermore underscores the ethical importance of supporting and including people with disabilities. For the very same reason, no ban on what may be analysed using PNT in the new landscape should be applied, although private offers must, of course, conform to strict requirements of respecting reproductive autonomy and what that means in terms of counselling. (shrink)

Business education is at a critical juncture. How are we to justify the curriculum in undergraduate business awards in Aotearoa New Zealand? This essay suggests a philosophical framework for the analysis the business curriculum in Western countries. This framework helps us to see curriculum in a context of global academic communities and national needs. It situates the business degree in the essential tension which modernity (Western metaphysics) creates and which is expressed in an increasingly globalised economy. The tension is between (...) those who insist that the degree is to serve modernity and those who hope that it may contribute to a new era of justice and harmony with nature. One critical battle ground for the business curriculum is the subject Business Ethics. The business ethics curriculum often indicates the intention of the business ethics degree itself. Kant's distinction between heteronomy (rule following) and autonomy (making your own decisions) provides us with a means to judge the purposes of business ethics courses: there are courses which seek to produce reliable and compliant (heteronomous) employees, and there are those which seek to produce independent creative (autonomous) human beings. The question for this conference is: what do we as business educators see as our task? (shrink)

American policymakers delegate the administration of many welfare programs to states, where officials implement them in increasingly diverse ways. Welfare state scholarship has little to say about this subnational policy divergence, and it portrays the complexity of delegated governance as a barrier to nonelite legislative influence. Drawing on an ethnographic study of one state’s Medicaid program, this article shows that delegated governance offers ample opportunity for nonelite influence and policy divergence, but through regulatory governance rather than legislative advocacy. Medicaid is (...) opaque to politicians, whose inability to monitor program details creates conditions of bureaucratic autonomy and even activism: health-care agency personnel sequence regulatory tweaks to protect and expand entitlements. But budget cuts, outsourcing, and fraught provider relations also deprive bureaucrats of street-level know-how, and bureaucrats depend on beneficiaries’ advocates who selectively illuminate a path to reform. A full rendering of subnational divergence in American federalism requires attention to underexamined factors such as bureaucratic activism, agency advocacy, and regulatory governance. (shrink)

Lyotard defines being postmodern as an ‘incredulity toward metanarratives’. Such incredulity includes, in particular, skepticism vis-à-vis Enlightenment ideals like autonomy. Motivated by such skepticism, several educational scholars put into question education for autonomy as it is practiced in the formal settings of national school systems. More specifically, they criticize that practices of autonomy education can have certain normalizing and ideological e￿ects that undermine the aim of creating autonomous subjects. This article examines these critiques of education for autonomy and argues that (...) they are best understood as calls for reforming educational practices, and not as outright rejections of education for autonomy. Thus, since the allegedly ‘postmodern’ critiques of autonomy education cannot be plausibly understood as radical ruptures with Enlightenment ideals, the article concludes that these critiques represent (merely) constructive self-critical reflections on what Habermas dubbed the ‘unfinished project of modernity’. (shrink)

In this paper, we explore the issue of the elimination of sports, or elements of sports, that present a high risk of brain injury. In particular, we critically examine two elements of Angelo Corlett’s and Pam Sailors’ arguments for the prohibition of football and Nicholas Dixon’s claim for the reformation of boxing to eliminate blows to the head based on the empirical assumption of an essential or causal connection between brain injuries incurred in football and the development of a degenerative (...) brain disease known as chronic traumatic encephalopathy ; and John Stuart Mill’s rejection of consensual domination. We present four arguments to contest the validity of Corlett, Dixon’s and Sailor’s positions. Specifically, we argue that certain autonomy-based arguments undermine paternalist arguments for reform; the nature of the goods people pursue in their lives might justify their foregoing future autonomy; Mill’s argument against consensual domination draws on ambiguous and arbitrary distinctions; the lack of consensus and empirical evidence regarding CTE arising from brain injuries in sport underdetermines calls for reform. We conclude that these proposals for reforming or eliminating sports with high risks of brain injuries are not well founded. (shrink)

With this work J. B. Schneewind has provided the most comprehensive history of modern moral philosophy available in English. Beginning with the moral theology of the Reformation and ending with Kant, Schneewind’s book offers a panorama of moral philosophy that includes the early modern natural lawyers and their metaphysical critics, the British sentimentalists and their rationalist opponents, and a whole series of eighteenth-century attempts to develop a secular moral philosophy grounded in autonomous human reason and will. Despite its broader multinational (...) scope and its focus on ethics rather than epistemology, Schneewind’s book seems destined to replace Beck’s Early German Philosophy: Kant and his Predecessors, as culminating and summating the work of the next generation of scholars working within the historiographical canons of American Kantianism. (shrink)

Although there is a long-standing international debate concerning the privatization and corporatization of health services, there has been relatively little systematic analysis of the ways these types of reform manifest. We examine the impact of privatization and corporatization on public hospitals, and in particular on hospitals’ autonomy and accountability, with two aims: to uncover the key themes in the literature, and to consider implementation issues. The review of 2,319 articles was conducted using content analysis and a discussion of selected key (...) issues. Several major themes appear in the privatization and corporatization literature, including their use as tools in health systems reform, and the role of governments in sponsoring the processes. We show that much of the underlying argument is ideological rather than evidence based. Those who promote versions of privatization or corporatization claim that decreased government involvement in the management of hospitals leads inter alia to benefits such as greater efficiency, better quality services, and increased choice for patients. Those who argue against say that increased privatization leads to deleterious outcomes such as decreased equity, compromised efficiency and poorer quality of care. The evidence is often weak and at times conflicting. Privatization and corporatization are difficult to implement, and at best produce mixed results, and their impact seems to depend more on the motivation of the evaluator than the standard of the results. These debates are of a type that is to a large extent only resolvable ideologically. (shrink)

In this paper, we critically appraise institutions for people with disabilities, from residential facilities to outpatient clinics to social organizations. While recognizing that a just and inclusive society would reject virtually all segregated institutional arrangements, we argue that in contemporary American society, some people with disabilities may have needs that at this time can best be met by institutional arrangements. We propose ways of reforming institutions to make them less isolating, coercive, and stigmatizing, and to provide forms of social support (...) the larger society denies many people with disabilities. Although these reforms far fall far short of abolition, they draw heavily on the work of disability scholars and advocates who call for the complete replacement of institutional arrangements with systems of supported living. The consideration of non-ideal-solutions is useful not only in reforming existing institutional arrangements, but in bringing disability scholarship and advocacy to bear on bioethics, which has paid little attention to institutions for people with disabilities. We intend this paper to redress the neglect within mainstream bioethics of the complex ethical problems posed by institutions. (shrink)

Un révolutionnaire sommeille en chaque Français, prêt hier comme aujourd'hui à briser les rentes et les privilèges. Dans le même temps, un expert l'observe et le dirige, planifiant autoritairement la société. Et un geek lui tape sur l'épaule, l'entraînant dans le monde inconnu des nouvelles technologies qui fourmille de promesses et de menaces. Ces trois influences parfois contradictoires nous font tourner la tête. Gaspard Koenig propose donc de les interpréter à la lumière d'une nouvelle philosophie politique, fondée sur l'autonomie individuelle. (...) Car ce dont la France a besoin, ce n'est pas d'un énième diagnostic économique, mais de principes solides dont on pourra déduire des réformes radicales. Revenons au modèle révolutionnaire, ce «jacobinisme libéral» incarné par le député du tiers état Isaac Le Chapelier. Rejetons la tentation planiste, léguée par le régime de Vichy et responsable encore aujourd'hui de tant d'injustice et d'exclusion. Apprenons à maîtriser l'utopie numérique, en imaginant un nouvel humanisme qui réponde aux défis de la Silicon Valley et un Etat 2.0 qui nous redonne le contrôle de notre destin numérique. Pays des libertés, la France meurt de servitude volontaire. Terminons, enfin, notre Révolution! Et chacun deviendra son propre maître. (shrink)

The literature on autonomous language learning reveals both, scholars’ great enthusiasm for the revolutionary potential of learner autonomy as well as pessimism for its continual depoliticization within higher education. Similar to how ‘learner autonomy’ is still today an unfinished construct that raises considerable confusion among scholars, the critical theory of learner autonomy in the field of language learning remains largely unexplored; and thus, yet to be fully articulated. Building on the relevant literature, this article attempts to provide a coherent and (...) nuanced theoretical framework for the critical practice of learner autonomy in higher education. Results show how the field of language learning is dominated by uncritical and apolitical approaches that render learner autonomy a politically impotent practice. Critical autonomous language learning must be both critically aware—so it can raise students’ awareness of the structural and discursive constraints on their autonomy—and politically active—so it may lead to education reform and social change—, while also aiming at reaching the highest levels of institutional material support and student control possible. (shrink)

The purpose of this paper is threefold: First, I provide a framework – based on Sellars' distinction between the manifest and the scientific image – for illuminating the distinction between liberal and ‘orthodox’ scientific naturalism. Second, I level a series of objections against expanded liberal naturalism and its core commitment to the autonomy of manifest-image explanations. Further, I present a view which combines liberal and scientific naturalism, albeit construed in resolutely non-representationalist terms. Finally, I attempt to distinguish my own (Sellars- (...) and Peirce-inspired) position from the very similar pragmatic liberal naturalist view, that of Huw Price. I do this by suggesting that a ‘monistic’ Peircian evolutionary naturalism which accepts the Sellarsian scientia mensura principle not only is consistent with ungrudging recognition of the irreducibility of normative facts and the plurality of our discursive practices, but also shows how this irreducibility, by being understood in terms of an evolution-by-selection of a population of perceptual-practical-inferential habits, can be at the same time considered as naturalistically explicable – without any appeal to an expanded manifest-image conception of nature. (shrink)

Substantial efforts have recently been made to reform the physician-patient relationship, particularly toward replacing the `silent world of doctor and patient' with informed patient participation in medical decision-making. This 'new ethos of patient autonomy' has especially insisted on the routine provision of informed consent for all medical interventions. Stronly supported by most bioethicists and the law, as well as more popular writings and expectations, it still seems clear that informed consent has, at best, been received in a lukewarm fashion by (...) most clinicians, many simply rejecting what they commonly refer to as the `myth of informed consent'. The purpose of this book is to defuse this seemingly intractable controversy by offering an efficient and effective operational model of informed consent. This goal is pursued first by reviewing and evaluating, in detail, the agendas, arguments, and supporting materials of its proponents and detractors. A comprehensive review of empirical studies of informed consent is provided, as well as a detailed reflection on the common clinician experience with attempts at informed consent and the exercise of autonomy by patients. In the end, informed consent is recast as a management tool for pursuing clinically and ethically important goods and values that any clinician should see as meriting pursuit. Concurrently, the model incorporates a flexible, anticipatory approach that recognizes that no static, generic ritual can legitimately pursue the quite variable goods and values that may be at stake with different patients in different situations. Finally, efficiency of provision is addressed by not pursuing the unattainable and ancillary. Throughout, the traditional principle of beneficence is appealed to toward articulating an operational model of informed consent as an intervention that is likely to change outcomes at the bedside for the better. (shrink)

The prelims comprise: Introduction The Foundations of Altruism and Autonomy in Medical Ethics The Problem of Medical Injury and the Emergence of Safety The Ancient Practices of Malpractice Litigation What Do We Disclose Today, and What Will We Disclose in the Future? Malpractice Reform: Health Courts References.

In this paper I argue that the free-market provision of health care is both practical and morally sound, and is superior in both respects to its provision by the State. The State provision of health care will be inefficient compared to its free-market alternative. It will thus provide less health care to persons for the same amount of expenditure, and so save fewer lives and alleviate less suffering for two reasons: state actors have no incentive to husband their resources effectively, (...) and that in a non-market setting, special interest groups can capture resources through lobbying, perverting them away from their efficient allocation. Given these considerations of efficiency a utilitarian should morally prefer the free-market provision of health care to its State-based rival. Furthermore, even if one is not a utilitarian, the free-market provision of health care will be more morally sound than its State-based alternative because it will likely better respect the autonomy of persons, and will better refrain from imposing values upon persons. With these points in hand, I address two prominent objections to a free market system of health care. (shrink)

This paper examines the planning process and architecture of two public psychiatric institutions built around 1900 in Trieste and Lower Austria. From 1864, the building of new asylums was the responsibility of Crown land governments, which by the end of the nineteenth century had emerged as sites of power and self-presentation by minority groups and new political parties. At the same time, the area of asylum planning was establishing itself as a branch of asylum psychiatry and promoting the idea of (...) the asylum as model settlement, contributing to social reform. I analyse the interaction of psychiatrists, architects and government officials involved in planning the two institutions in the context of Crown land governments’ self-positioning within the empire and internationally . The Trieste asylum planners were working for a government controlled by Italian nationalists, but their desire for a ‘modern’ asylum turned them towards German models. The Christian Social government in Lower Austria sought to supplant Germany as the leader in this branch of science. The spatial arrangement and visual articulation of the two asylums is interpreted in the context of the interaction of psychiatry and the politics of regional autonomy. (shrink)

Despite claims of ‘evidence based policy’, the place of empirical evidence in family law reform is ambiguous. There is ongoing socio-legal analysis of the differential value and uses of quantitative data and anecdote in detailing women’s experiences and advocating for change. In this paper, we engage with these issues through a focus on how data were constructed in a key government report, Every Picture Tells a Story, which was used to officially define the problem and outline recommendations in the controversial (...) 2006-08 reform of the Australian Child Support Scheme. Our discussion focuses on two questions: what legitimacy is accorded to different kinds of evidence in family law reform processes?; and, how is this legitimacy gendered? We applied feminist critical discourse analysis to the type, source and claims of the data included in the child support chapter of the report. Our findings indicate that both quantitative data and anecdote were used to privilege fathers’ financial interests and autonomy; in contrast, women’s voices and interests were marginalised. Thus, we argue the legitimacy of data is ascribed through its relationship to the gendered definition of the ‘problems’ of child support, rather than the type of data per se. (shrink)

Augustine developed one of the most profound and influential accounts of love ever offered. Led this way and that by the desires of his famously restless heart, Augustine came to view the experience of desiring as indicating a profound excess to the self. His theory of love has enduring philosophical relevance, not least because it disrupts our prevalent notion of freedom as self-determination. In contrast to our own dominant ethics of autonomy, Augustine argues that true freedom depends upon what exceeds (...) self- willing: we only become free when we are able to acknowledge our finitude, and thereby learn to love others rightly. This dissertation traces the development in Augustine’s thinking concerning the relationship between love and freedom across two pivotal texts: the De libero arbitrio and the Confessiones. I argue that what emerges in Augustine’s thought is the startling realization that genuine freedom is constituted by submission to a good beyond our anticipation, i.e., a good encountered in the experience of love. As Augustine came to see, the human person is ecstatically self-surpassing, drawn dynamically to the good through affect and rationality. Given this philosophical anthropology, the primary concern of the ethical life has less to do with autonomous willing, and more to do with properly nurturing and attuning our desire through a purifying attention. In other words, as Augustine shows us, the aim of the moral life is to allow our self-exceeding loves— viii and the good at which they aim—to form and reform the self. The following project aims to rehabilitate an Augustinian account of freedom by arguing for a renewed appreciation of the goodness of being, and for a recovery of the notion of loving-desire that constitutes our fundamental way of relating to this good. Given the fundamentally ecstatic nature of the human person revealed in love, freedom cannot be conceived purely as self-determination; as Augustine argues, we are made free by a transcendent source of our being. There is, ultimately, a deeper source of freedom than autonomous choosing: we are given our freedom in the gift of our being, and we discover this freedom by learning to love rightly. (shrink)