_Levinas, Subjectivity, Education_ explores how the philosophical writings of Emmanuel Levinas lead us to reassess education and reveals the possibilities of a radical new understanding of ethical and political responsibility. Presents an original theoretical interpretation of Emmanuel Levinas that outlines the political significance of his work for contemporary debates on education Offers a clear analysis of Levinas’s central philosophical concepts, including the place of religion in his work, demonstrating their relevance for educational theorists Examines Alain Badiou’s critique of Levinas’s work (...) Considers the practical implications of Levinas’ theories for concrete educational practices and frameworks. (shrink)

Background: In modern healthcare, the role of solidarity, altruism and the natural response to moral challenges in life-threatening situations is still rather unexplored. The COVID-19 pandemic provided an opportunity to obtain a deeper understanding of nurses’ willingness to care for patients during crisis. Objective: To elucidate clinical expressions of ontological situational ethics through nurses’ willingness to work during a pandemic. Research design, participants and context: A qualitative study with an interpretive design was applied. Twenty nurses who worked in intensive care (...) unit at two Swedish hospitals during the first, second, and third waves of the COVID-19 pandemic were interviewed. The analysis was interpretative and applied a theoretical ethics perspective. Ethical considerations: The study was approved by the Swedish Ethical Review Authority and informed consent was obtained from all participants. Findings: From a philosophical perspective, the nurses expressed sovereign life expressions of mercy and compassion, which arose spontaneously in response to seeing vulnerable fellow humans. They referenced ‘‘the nurse inside me’’ and their choice of profession as motives to provide care. Ontological situational ethics in culture and norms were noted in the constructs of competence, responsibility, solidarity with colleagues and organization; and interest and learning were driving forces. Ethical demand was evident when nurses expressed ideas of meaningfulness in helping their fellow humans; but themes of ambiguity, exhaustion and unwillingness were also present. Conclusions: The nurses showed a high willingness to care for patients during a crisis. Responding to the ethical demand and to care for vulnerable human beings while risking their own health and lives could be interpreted as an inter-human vocation. These spontaneous altruistic actions saved the lives of many patients during the pandemic and need to be understood and supported. (shrink)

This article discusses two normative questions raised by cases of colonial settlement. First, is it sometimes wrong to migrate and settle in a previously inhabited land? If so, under what conditions? Second, should settler countries ever take steps to undo wrongful settlement, by enforcing repatriation and return? The article argues that it is wrong to settle in another country in cases where one comes with intent to colonize the population against their will, or one possesses an adequate territorial base somewhere (...) else, lacks an urgent interest in moving, and seeks to settle in a new place under conditions where settlement would severely harm the practices of prior occupants. It also argues for a presumption of repatriation and return in the first generation of wrongful settlement and holds that these remedies may be extended to second and higher generations in some – but not all – cases. (shrink)

The present reflection draws upon a tradition of energetic, world-facing critical legal scholarship to interrogate the anthropos assumed by the terminology of ‘anthropocentrism’ and of the ‘Anthropocene’. The article concludes that any ethically responsible future engagement with ‘anthropocentrism’ and/or with the ‘Anthropocene’ must explicitly engage with the oppressive hierarchical structure of the anthropos itself—and should directly address its apotheosis in the corporate juridical subject that dominates the entire globalised order of the Anthropocene age.

Background Transcranial direct current stimulation (tDCS) is a brain stimulation technique currently being researched as an alternative or complimentary treatment for various neurological disorders. There is little knowledge about experiences of the participants of tDCS clinical research, especially from pediatric studies. Methods An interview study with typically developing minors (n = 19, mean age 13,66 years) participating in a tDCS study, and their parents (n = 18) was conducted to explore their views and experiences and inform the ethical analysis. Results (...) Children (10–13 years old) and adolescents (14–18 years old) reported good experiences with the stimulation. Next to financial incentives, main motives to participate in the study were curiosity and the possibility to help develop treatments for children affected by neurological disorders. They could also see a potential of using tDCS in a non-medical setting, especially regarding the provision of equal opportunity, e.g. in education. Parents also presented a positive attitude towards tDCS and their children participation in the basic research study. Nevertheless, their understanding of tDCS was rather poor. Even though many of them understood the techniques, they often did not see the link between the (current) lack of side effects and an absence of longitudinal studies. Parents were also cautious about using tDCS for non-medical/enhancement purposes. Conclusions The study findings show a need for more transparent information about the state of the art of tDCS, its function and what it might be able to offer, especially considering the good acceptability of tDCS. (shrink)

The study aims at exposing Meinong's ideas that may be of interest to analytic philosophers. It contains all the basic information concerning Meinong's theory of objects with a special focus upon 'objectives', which are Meinong's propositions. Meinong's theory of meaning and his epistemological views are discussed in detail. An outline of his conception of truth, which is classified as firmly realistic, is followed by a review of the critical works touching upon Meinong's epistemological ideas. Finally, Meinong's theory of objects is (...) presented as inspiring the development of Meinongian logics, with his Aussersein as the prototype of an all-inclusive semantic domain. The issues considered include reference of terms and sentences as well as the general features of a Meinongian-style semantics. (shrink)

According to the restructuring hypothesis, insight problem solving typically progresses through consecutive stages of search, impasse, insight, and search again for someone, who solves the task. The order of these stages was determined through self-reports of problem solvers and has never been verified behaviorally. We asked whether individual analysis of problem solving attempts of participants revealed the same order of problem solving stages as defined by the theory and whether their subjective feelings corresponded to the problem solving stages they were (...) in. Our participants tried to solve the Five-Square problem in an online task, while we recorded the time and trajectory of their stick movements. After the task they were asked about their feelings related to insight and some of them also had the possibility of reporting impasse while working on the task. We found that the majority of participants did not follow the classic four-stage model of insight, but had more complex sequences of problem solving stages, with search and impasse recurring several times. This means that the classic four-stage model is not sufficient to describe variability on the individual level. We revised the classic model and we provide a new model that can generate all sequences found. Solvers reported insight more often than non-solvers and non-solvers reported impasse more often than solvers, as expected; but participants did not report impasse more often during behaviorally defined impasse stages than during other stages. This shows that impasse reports might be unreliable indicators of impasse. Our study highlights the importance of individual analysis of problem solving behavior to verify insight theory. (shrink)

Empathy is commonly regarded as an essential attribute for doctors and there is a conviction that empathy must be taught to medical students. Yet it is not clear exactly what empathy is, from a philosophical or sociological point of view, or whether it can be taught. The meaning, role and relevance of empathy in medical education have tended to be unquestioningly assumed; there is a need to examine and contextualise these assumptions. This paper opens up that debate, arguing that ‘empathy’, (...) as it is commonly understood, is neither necessary nor sufficient to guarantee good medical or ethical practice. (shrink)

In this essay, I reconstruct tolerance as a moral virtue, by critically analysing its definition, circumstances, justification and limits. I argues that, despite its paradoxical appearance, tolerance qualifies as a virtue, by means of a restriction of its proper object to differences that are chosen. Since this excludes the most important and divisive differences of contemporary pluralism from the scope of the virtue of tolerance, the moral model of toleration cannot constitute the micro-foundation of the corresponding political practice. However, if (...) the political ideal of toleration must be founded on independent political reasons of justice, the moral model can bridge the gap between private morality and public reason, providing citizens with moral motives to supplement the political obligation to neutrality. (shrink)

This paper examines Cécile Fabre’s cosmopolitan reductionist approach to war. It makes three main points. First, I show that Fabre must ‘thin down’ justice’s content in order to justify the cosmopolitan claim that the same rights and duties bind people everywhere. Second, I investigate Fabre’s account of the values at stake in national sovereignty and territorial integrity. Can cosmopolitanism explain why it is permissible to fight in defense of one’s political community? I doubt it. I argue that Fabre’s reductionist approach (...) cannot justify national self-defense in many cases. Finally, I explore the role that authoritative institutions play in specifying the rights and duties we have under cosmopolitan justice. I believe Fabre takes an overly simple view of the relationship between rights, duties, and authoritative institutions. A more complex account may leave less space for private war on the part of individuals than she does. (shrink)

This paper considers the relationship between institutions and the “sexual imaginary,” understood as the set of affective and imaginative resources that produce certain forms of sexual subjectivity. Drawing on the work of Cornelius Castoriadis and Moira Gatens, I argue that institutions play an important role in shaping sexual imaginaries. Historically, institutions have been sites in which unjust sexual norms have been reinforced and legitimized. I analyse the growing trend of consent education at Australian universities to explore how institutions may also (...) represent potential sites for contesting and reimagining these norms. Feminist critiques of consent suggest that consent education may in fact reproduce a narrow and conservative vision of sexuality, one that aligns with the neoliberal politics of the contemporary university. This paper contributes to these critiques by exploring how both the neoliberal university and consent theory are premised on a distorted vision of the subject as a rational, disembodied being. I argue that transforming dominant sexual imaginaries requires recognizing and interrogating both how desire permeates institutional spaces and the role of desire in ethical sexual relations. (shrink)

The book addresses the debate on whether the representational content of perceptual experience is conceptual or non-conceptual, by bringing out the points of comparison between Kant s conception of intuition and contemporary accounts of non-conceptual content. It is argued that intuition provides the most basic form of intentionality pre-conceptual reference to objects, which underlies the acts of conceptualization and judgment.".

This chapter contains sections titled: The Saying and the Said Subjectivity as Sensibility Ethics of Difference or an Ethics of Truths? Reading Levinas with Badiou: Impossibly Demanding? An Impossibly Demanding Education Notes.

Over the last decade, states have increasingly emphasised the importance of integration, and translated it into legal regulations that demand integration from immigrants. This paper criticises a specific aspect to this development, namely the tendency to make permanent residency dependent on language skills and, as such, seeks to raise doubts as to the moral acceptability of the requirement of linguistic integration. The paper starts by arguing that immigrants after a relatively short period of time acquire a moral claim to permanent (...) residency in their host country. Accordingly, states may not limit residency at their discretion. Nevertheless, three arguments may seem promising for defending the requirement of linguistic integration: that the immigrants’ moral claim conflicts with a stronger moral claim on the part of the larger society, and this makes an infringement of the immigrants’ claim proportionate; that language requirements may be legally demanded as a precondition for permanent residency for the immigrants’ own sake; and that language requirements are defensible, as far as immigrants may be understood to have consented to such regulation upon entry to the country. This paper argues that all three must be rejected. (shrink)

How do people respond to others' accidental behaviors? Reward and punishment for accidents might be depend on the actor's intentions, or instead on the unintended outcomes she brings about. Yet, existing paradigms in experimental economics do not include the possibility of accidental monetary allocations. We explore the balance of outcomes and intentions in a two-player economic game where monetary allocations are made with a "trembling hand": that is, intentions and outcomes are sometimes mismatched. Player 1 allocates $10 between herself and (...) Player 2 by rolling one of three dice. One die has a high probability of a selfish outcome, another has a high probability of a fair outcome, and the third has a high probability of a generous outcome. Based on Player 1's choice of die, Player 2 can infer her intentions. However, any of the three die can yield any of the three possible outcomes. Player 2 is given the opportunity to respond to Player 1's allocation by adding to or subtracting from Player 1's payoff. We find that Player 2's responses are influenced substantially by the accidental outcome of Player 1's roll of the die. Comparison to control conditions suggests that in contexts where the allocation is at least partially under the control of Player 1, Player 2 will punish Player 1 accountable for unintentional negative outcomes. In addition, Player 2's responses are influenced by Player 1's intention. However, Player 2 tends to modulate his responses substantially more for selfish intentions than for generous intentions. This novel economic game provides new insight into the psychological mechanisms underlying social preferences for fairness and retribution. (shrink)

The growing abundance of medical technologies has led to laments over doctors’ sensory de-skilling, technologies viewed as replacing diagnosis based on sensory acumen. The technique of percussion has become emblematic of the kinds of skills considered lost. While disappearing from wards, percussion is still taught in medical schools. By ethnographically following how percussion is taught to and learned by students, this article considers the kinds of bodies configured through this multisensory practice. I suggest that three kinds of bodies arise: skilled (...) bodies; affected bodies; and resonating bodies. As these bodies are crafted, I argue that boundaries between bodies of novices and bodies they learn from blur. Attending to an overlooked dimension of bodily configurations in medicine, self-perception, I show that learning percussion functions not only to perpetuate diagnostic craft skills but also as a way of knowing of, and through, the resource always at hand; one’s own living breathing body. (shrink)

Definition of the problemThe medical-ethical principle of beneficence is directed towards the well-being of patients. In clinical practice, the focus is often on the relief of pain, the elimination of symptoms and the restoration of bodily functioning. However, the significance of these health-related aspects for the overall well-being of patients also depends on individual values, desires, and life plans.ArgumentationAn overemphasis on the subjective perspective of patients on their well-being would admittedly lead to a strong substantial convergence of the two medical-ethical (...) principles of beneficence and respect for autonomy. In addition, it would not be compatible with some of the guiding principles of the medical profession. A mere objective perspective on patient well-being conversely carries the danger of imposing values on individual patients that they do not share. Consequently, actions that are intended to benefit patients instead harm them.ConclusionThrough a more detailed analysis of the relationship between health-related and overall well-being, this paper shows that health is only a relative value in our overall well-being. Basic health-related goods like a sound cardiovascular system or fully functioning lungs have special standing because they are seen as valuable independently of individual preferences and life plans, which means they are of objective value. (shrink)

Recent progress in synthetic biology has enabled the development of novel therapeutic opportunities for the treatment of human disease. In the near future, first-in-human trials will be indicated. FIH trials mark a key milestone in the translation of medical SynBio applications into clinical practice. Fostered by uncertainty of possible adverse events for trial participants, a variety of ethical concerns emerge with regards to SynBio FIH trials, including ‘risk’ minimization. These concerns are associated with any FIH trial, however, due to the (...) novelty of the approach, they become more pronounced for medical applications of emerging technologies like SynBio. To minimize potential harm for trial participants, scholars, guidelines, regulations and policy makers alike suggest using ‘risk assessment’ as evaluation tool for such trials. Conversely, in the context of emTech FIH trials, we believe it to be at least questionable to contextualize uncertainty of potential adverse events as ‘risk’ and apply traditional risk assessment methods. Hence, this issue needs to be discussed to enable alterations of the evaluation process before the translational phase of SynBio applications begins. In this paper, we will take the opportunity to start the debate and highlight how a misunderstanding of the concept of risk, and the possibilities and limitations of risk assessment, respectively, might impair decision-making by the relevant regulatory authorities and research ethics committees, and discuss possible solutions to tackle the issue. (shrink)

This article explores the influence of Émile Durkheim on the philosophy of Emmanuel Levinas in order both to open up the political significance of Levinas’s thought and to develop more expansive meanings of moral and political community within education. Education was a central preoccupation for both thinkers: Durkheim saw secular education as the site for promoting the values of organic solidarity, while Levinas was throughout his professional life engaged in debates on Jewish education and conceptualized ethical subjectivity as a condition (...) of being taught. Durkheim has been accused of dissolving the moral into the social, and his view of education as a means of imparting a sense of civic republican values is sometimes seen as conservative, while Levinas’s argument for an ‘unfounded foundation’ for morality is sometimes seen as paralyzing the impetus for concrete political action. Against these interpretations, I argue that their approaches present provocative challenges for conceptualizing the nature of the social, offering theoretical resources to deepen understanding of education as the site of an everyday ethics and a prophetic politics opening onto more compelling ideals for education than those dominant within standard educational discourses. (shrink)

This study investigated the impact of maternal reflective functioning (RF) and attachment security on children’s mentalization. The Adult Attachment Interview (AAI) was administered to mothers in a sample of 41 mother–preadolescent dyads. AAI transcripts were rated in terms of the Berkeley AAI System ( Main and Goldwyn, 1998 ) and the Reflective Functioning Scale (RFS; Fonagy et al., 1998 ). Preadolescent mentalization was assessed using a semi-structured interview adapted from O’Connor and Hirsch (1999) and also by analyzing mental-state talk produced (...) during an autobiographical interview. Relationships between maternal RF and children’s mentalization were analyzed, with consideration given to the different RFS markers and references to positive, negative, and mixed-ambivalent mental states. Children’s mentalization was positively correlated with the mother’s RF, particularly the mother’s ability to mentalize negative or mixed-ambivalent mental states. No significant differences in mentalization were observed between children of secure and insecure mothers. (shrink)

Eklund vs. Bradley : Regress, Relation, Explanation.

Recoge: Aspectos históricos de la revolución química; Aplicación de los modelos; Nuevo enfoque para la construcción de modelos de dinámica científica.

If lay theories associate moral intuitions with deeply held values, people should feel uncomfortable relying on deliberative thinking when judging violations of personal taboos. In two preliminary studies, participants with siblings of the opposite sex were particularly troubled when evaluating a sibling incest scenario under instructions to think slowly and rationally, or when the scenario was presented in a hard-to-read font forcing them to employ deliberative processing. This suggests that we may be intuitive intuitionists, and opens the door for investigations (...) of people’s preferred modes of moral judgment. (shrink)

To consider blackness and cognitive disability together is paradoxical. On one hand, supposed black intellectual deficit has been used by white elites as a justification for antiblack oppression. On the other, both black children who are struggling in school and black adults labeled with developmental disabilities are less likely than their white counterparts to access the best support services available. These problems cut across a commonly drawn—but, I argue, erroneous—divide between the “judgment” categories of mild cognitive impairment into which black (...) children are disproportionately placed and the “organic” categories of severe cognitive impairment. This division is itself part of the contemporary collective denial of the racialized history and construction of our notion of intellect that ends up harming black Americans. (shrink)

Judgments of well-being across different circumstances and spheres of life exhibit a staggering diversity. Depending on the situation, we use different standards of well-being and even treat it as being constituted by different things. This is true of scientific studies as well as of everyday life. How should we interpret this diversity? I consider three ways of doing so: first, denying the legitimacy of this diversity, second, treating well-being as semantically invariant but differentially realizable, and, third, adopting contextualist semantics for (...) well-being expressions. I reject the first option on the grounds that it is unable to make sense of much of everyday and scientific linguistic practices, and also because it makes the category of well-being insignificant or even otiose for practical purposes. We should thus pick between the second and the third options. I argue that contextualism about well-being is more plausible and faces fewer objections than the differential realization view. I conclude with a discussion of other features of contextualism: it does not imply that well-being is relative to individual taste, it need not result in eliminativism about well-being, nor in scepticism about a general theory of well-being. It does not commit us to an “anything goes” approach, nor does it threaten anarchy and miscommunication. (shrink)

Patients are usually granted autonomy rights, including the right to consent to or refuse treatment. These rights are commonly attributed to patients if they fulfil certain conditions. For example, a patient must sufficiently understand the information given to them before making a treatment decision. On the one hand, there is a large group of patients who meet these conditions. On the other hand, there is a group that clearly does not meet these conditions, including comatose patients or patients in the (...) late stages of Alzheimer’s disease. Then there is a group of patients who fall into the range in between. At the lower end of this range are so-called ‘marginal agents,’ which include young children and patients in the middle stages of Alzheimer’s disease. They also do not meet the typical requirements for autonomy, which is why they are usually granted fewer autonomy rights. However, some of them are capable of ‘pre-forms’ of autonomy that express what is important to them. These pre-forms differ from mere desires and reflect the identification/authenticity condition of autonomy. They have something in common with autonomous attitudes, choices, and actions – namely, they express the _value_ of autonomy. As I will argue, autonomy is a value worthy of protection and promotion – even in its non-reflexive forms. Against this background, it becomes clear _why_ we have autonomy duties, more precisely positive, autonomy-enabling duties, towards marginal agents and why we should give them as much attention as autonomy duties towards competent patients. (shrink)

This paper elucidates Kierkegaard’s notion of the “simultaneity of factors” in order to reveal the intimate connection between reason and emotion. I begin with the romantic vision of aesthetic education as embodied in Friedrich Schiller, which Kierkegaard himself inherited, though in a critical and nuanced manner. Next, I explore Kierkegaard’s pointed critique of the romantics, namely through his conviction that they had misrepresented the role of imagination to the detriment of harmony in the individual. Finally, I present Kierkegaard’s positive view (...) of the simultaneity of factors, emphasizing his improvement on the romantics through the central category of “inwardness.” Throughout, I underline that Kierkegaard gave higher status neither to emotion nor reason, taking them as complimentary aspects of human existence and thereby inviting their reunion in the history of philosophy. (shrink)

Although the moral foundations of voting rights regulations have been the subject of widespread scrutiny, there is one aspect of the debate which has gone largely unquestioned and is currently accepted in every state’s actual voting rights regulations. This is the requirement of prior residence, which stipulates that immigrants are granted the right to vote only once they have lived in the host country for a certain period of time. It is this requirement I call into question in this paper. (...) Taking up the most plausible justifications for this requirement, I aim to put substantial pressure on its moral acceptability by arguing that it is not directly grounded by any of the principles that are currently defended as a means to determine the demos, nor a proxy for some other morally relevant feature, nor a warrantor for abilities held to be significant for the right to vote. (shrink)

ABSTRACT In this survey we have investigated the experiences and attitudes of Danish physicians regarding end‐of life decisions. Most respondents have made decisions that involve hastening the death of a patient, and almost all find it acceptable to do so. Such decisions are made more often, and considered ethically more acceptable, with the informed consent of the patient than without. But both non‐resuscitation decisions, and decisions to provide pain relief in doses that will shorten the patient's life, have been made (...) and found acceptable by at least 50% of the respondents, even when there is no informed consent. Furthermore, 12% have doubled morphine dosages with fixed intervals, thus providing doses substantially higher than that necessary to control pain, without the informed consent of the patient. Two per cent have helped in assisted suicide, and 5% have administered a lethal injection at the patient's request. Respectively 37% and 34% find these last two practices ethically acceptable. Amongst those that do not find them acceptable, the most important reasons to be opposed are, the doctrine of double effect, the doctrine of doing and allowing, and the view that human life is sacred. Amongst supporters, the most important reasons mentioned are, that the patient's right to self‐determination should be respected, the view that a patient should not be forced to suffer, and the view that the patient has a right to be helped to a dignified death. (shrink)

Transient receptor potential vanilloid 4 (TRPV4), a member of the TRP superfamily, is a broadly expressed, cell surface‐localized cation channel that is activated by a variety of environmental stimuli. Importantly, TRPV4 has been increasingly implicated in the regulation of cellular morphology. Here we propose that TRPV4 and the cytoskeletal remodeling small GTPase RhoA together constitute an environmentally sensitive signaling complex that contributes to pathological cell cytoskeletal alterations during neurological injury and disease. Supporting this hypothesis is our recent work demonstrating direct (...) physical and bidirectional functional interactions of TRPV4 with RhoA, which can lead to activation of RhoA and reorganization of the actin cytoskeleton. Furthermore, a confluence of evidence implicates TRPV4 and/or RhoA in pathological responses triggered by a range of acute neurological insults ranging from stroke to traumatic injury. While initiated by a variety of insults, TRPV4–RhoA signaling may represent a common pathway that disrupts axonal regeneration and blood–brain barrier integrity. These insights also suggest that TRPV4 inhibition may represent a safe, feasible, and precise therapeutic strategy for limiting pathological TRPV4–RhoA activation in a range of neurological diseases. (shrink)

This paper critically assesses Chiara Cordelli’s Kantian theory of the legitimacy of public administration. I argue, first, that Cordelli’s understanding of Kantian legitimacy offers an insufficiently robust defense of democracy: it leaves too much scope for rule by epistocrats, individuals who are wiser than others in ascertaining the demands of justice. Second, I argue that Cordelli should be open to the eventual abolition of bureaucracy, through the increased involvement of ordinary citizens in public administration. Once we begin to worry about (...) the problem of bureaucratic unilateralism, it may be hard to avoid the conclusion that it is democratically necessary to abolish the bureaucratic state. (shrink)

Number terms and quantifiers share a range of linguistic (syntactic, semantic, and pragmatic) properties. On the basis of these similarities, one might expect these 2 classes of linguistic expression to pose similar problems to children acquiring language. We report here the results of an experiment that explicitly compared the acquisition of numerical expressions (two, four) and quantificational (some, all) expressions in younger and older 3-year-olds. Each group showed adult-like preferences for “exact” interpretations when evaluating number terms; however they did not (...) use the corresponding upper bounded interpretation when evaluating the quantifier some. Apparently, children follow different procedures for learning and evaluating numerals and quantifiers. These findings have implications for theories of number representation in child and adult grammars. (shrink)

This article locates a theoretical reflection on the form of legal subjectivity against twenty-first century complexities and pressures, including the structural complexities visible in biotechnological developments, new hybridities and numerous contemporary theoretical and practical manifestations of heterogeneity, multiplicity and complexity emerging in a range of disciplines, including cybernetics, techno-theory, post-humanism and ecology. The author defends the theoretical and critical utility of understanding the legal subject as an explicit (and explicitly limited ) constructus . Criticising the constructed naturalism (and the historical (...) and contemporary exclusions) of the 'human being' of law, the author suggests that the language and concept of the 'legal entity' (rather than that of the 'legal person') draws attention to the patterned 'gap' between law and life (and to related injustices enacted by the form of the materialisation of legal subjectivity) while simultaneously providing the degree of theoretical plasticity now required by the mutable complexities of the twenty-first century and beyond. (shrink)

The paper questions the view that the alleged lack of autonomy displayed by certain practices and cultural behavior may constitute a sound justification for limiting toleration of those practices. Not only is the concept of autonomy open to endless controversy, but it also entails a conflict with liberal public morality and often nurtures double standards. To this end, the paper first examines the assumptions and basis of the lack-of-autonomy approach; this analysis perforce leads the author to unravel the notion of (...) autonomy and its rival conceptions. Second, it will be argued that liberal and democratic politics, though indebted to the value of personal autonomy in a fashion, requires only a purely political principle of autonomy. It is also contended that if comprehensive notions of autonomy are used instead of a purely political conception, unacceptable consequences for the public morality of liberal democracy may follow. Finally, the point will be illustrated with some examples drawn from multicultural politics. (shrink)

This article takes as its point of departure the question of how Wilhelm Halbfass, Daya Krishna, and Jitendranath Mohanty have conceptualized tradition in relation to “Indian” philosophy. They have all reacted to, and criticized, homogeneous and static conceptions of Indian philosophies, and by articulating different ways of apprehending tradition they have tried to come to terms with such limiting images. My reading of their texts has been informed by a questioning of how they, in turn, conceptualize tradition. Most of all (...) this is related to the tendency, on the one hand, to stress that tradition is open-ended and dynamic but at the same time to speak of tradition as one singular and universalizable phenomenon .. (shrink)