The article analyses, in a comparative perspective, the phenomenon of the evolution of the protection of surviving spouse’s inheritance rights in France and Lithuania, the two legal systems historically having some points of interaction. The protection of the surviving spouse is one of the major preoccupations of married couples of today, the couple occupying a central role within the contemporary family. Comparative analysis reveals certain points of convergence between these two legal systems inasmuch the surviving spouse is considered by both (...) legislations as an heir ab intestat and whose protection over the years has been considerably strengthened. The surviving spouse is called to inherit alongside with the heirs of the first or second order and is entitled to the proportions in assets that have not ceased to increase. Lithuanian law seems to have been innovative at an earlier stage than French law, as it is only in the beginning of the 21st century that significant reforms were carried out in this area of law in France. Analysis has also revealed apparent differences in the scope of protection of the surviving spouse, both in regards to the protection provided by law (statutory protection), as well as protection organised by the will of the spouses (voluntary protection). In some respects the statutory protection is more extensive in France (for example, complementary statutory rights of the spouse in regards to the dwelling place or the quality of héritier réservataire) and the instruments of this protection seem to be more varied (for example, the possibility for the spouses to organise their matrimonial regime by inserting specific clauses into the nuptial contract, mechanisms outside the nuptial contracts, such as donations, wills or life insurance contracts). However, this protection might appear to be more extensive under Lithuanian law as far as the voluntary protection is concerned taking into account the introduction, by the new Lithuanian Civil Code of 2000, of the joint will of spouses under which the whole property of the deceased spouse shall be inherited by the surviving spouse (except the mandatory share of succession). The article raises some doubts as to the desirability or even feasibility of aligning the two models of protection given the fact that each of the two countries has its own history and traditions. Nevertheless, a proposition resurges from the analysis in regard to the possible improvement of the protection of the rights to the dwelling place of the surviving spouse under Lithuanian law. Some elements from the existing French model could be transposed given that the dwelling place is an essential family element providing some stability for the surviving spouse. (shrink)

Bishop is a professor of nursing; Scudder is a professor of philosophy.

Taking a cue from John D. Caputo's 1993 work, Demythologizing Heidegger, the author pursues a "remythologizing" of Heidegger's Being and Time that explores and develops the affinities between that work and Karl Marx's critique of capitalism based upon their respective expositions on inauthenticity and alienation. She suggests that Heidegger's work can deepen our understanding of the foundational existential and ontological impact of the alienation present within the capitalist form of social relations, lead us to a more adequate solidarity with those (...) who suffer within it, and highlight the overlooked strengths of its victims thereby suggesting paths toward liberation. (shrink)

Moral duties concerning climate change mitigation are – for good reasons – conventionally construed as duties of institutional agents, usually states. Yet, in both scholarly debate and political discourse, it has occasionally been argued that the moral duties lie not only with states and institutional agents, but also with individual citizens. This argument has been made with regard to mitigation efforts, especially those reducing greenhouse gases. This paper focuses on the question of whether individuals in industrialized countries have duties to (...) reduce their individual carbon footprint. To this end it will examine three kinds of arguments that have been brought forward against individuals having such duties: the view that individual emissions cause no harm; the view that individual mitigation efforts would have no morally significant effect; and the view that lifestyle changes would be overly-demanding. The paper shows how all three arguments fail to convince. While collective endeavours may be most efficient and effective in bringing about significant changes, there are still good reasons to contribute individually to reducing emission. After all, for most people the choice is between reducing one’s individual emissions and not doing anything. The author hopes this paper shows that one should not opt for the latter. (shrink)

Introduction The mainstream view in philosophy of language is that sentence meaning determines truth-conditions. A corollary is that the truth or falsity of an utterance depends only on what words mean and how the world is arranged. Although several prominent philosophers (Searle, Travis, Recanati, Moravcsik) have challenged this view, it has proven hard to dislodge. The alternative view holds that meaning underdetermines truth-conditions. What is expressed by the utterance of a sentence in a context goes beyond what is encoded in (...) the sentence itself. Truth-conditional content depends on an indefinite number of unstated background assumptions, not all of which can be made explicit. A change in background assumptions can change truth-conditions, even bracketing disambiguation and reference assignment. That is, even after disambiguating any ambiguous words in a sentence and assigning semantic values to any indexical expressions in the sentence, truth-conditions may vary with variations in the background. (shrink)

The aim of this paper is to question the significance of Derrida's deconstruction of the concepts of subject and history. While ‘postmodernity’ tends to be characterized by philosophical critique as the ‘liquidation of the subject’ or the ‘end of history’, I attempt to show that Derrida's deconstruction of ‘subjectivity’ and ‘historicity’ is not an elimination or destruction of these concepts, but an attempt to transform them in order to free them from their metaphysical-teleological presuppositions. This paper argues that this transformation, (...) which begins in Derrida's and continues in Stiegler's texts, leads to the notions of ‘psycho-social individuation’ and ‘doubly epokhal redoubling’. I maintain that such notions ‘supplement’ the metaphysical concepts of subject and history by forcing a reconsideration of the technical conditions of psychic individuation and the technological conditions of ‘epochality’. (shrink)

In Pouvoir impérial et vertus philosophiques, Anne Gangloff offers a thorough analysis of the Roman political thought, examining the way in which the good prince is described from the Julio-Claudians to the end of the third century. Dans Pouvoir impérial et vertus philosophiques, Anne Gangloff propose une analyse précise de la pensée politique romaine, à travers la manière dont la figure du bon prince est décrite depuis les Julio-Claudiens jusqu'à la fin du IIIe siècle.

Dans la genese de sa constitution, la philosophie n'a pu faire l'economie d'une confrontation avec la musique qui fournissait aux anciens Grecs les schemes fondamentaux de la culture. De cette confrontation Platon est le temoin. Scindant la musique, il privilegie l'Harmonique, qui en est la partie theorique, sans toutefois lui reconnaitre la titre de science supreme. Correlativement, il condamne comme dysharmonie, tumulte fracassant et perturbateur de l'ordre cosmique, l'harmonie chromaticiste dont il s'emploie, non sans paradoxe, a decrire le detail. Par (...) cette lecture en filigrane des Dialogues de Platon, l'auteur se propose de reconstruire la pensee qui procede de l'harmonie chromaticiste et de montrer son importance dans l'elaboration de la philosophie fondatrice. Au carrefour des disciplines du savoir antique, ce livre s'adresse non seulement aux philosophes, mais aussi a tous ceux qui, musiciens ou stylisticiens, s'interessent a la forme musicale. (shrink)

This article draws on Bernard Stiegler’s insights and articulates them alongside other contemporary reflections in order to understand the psychic, social, and political issues raised by our contemporary digital hypomnesic milieu. I will explore the theoretical presuppositions underlying the functioning of digital devices to try to show that this computationalist technoscientific paradigm is based on problematic epistemological foundations, which an organological approach implicitly deconstructs. I will thereafter attempt to develop a pharmacological analysis of “generative artificial intelligence,” showing that its massive (...) proliferation risks a new kind of “symbolic misery,” a “proletarianization” of expression and a generalization of social “disbelief.” Finally, I will try to show that the project of a “hermeneutic web” suggested by Stiegler needs to be revived and transformed in this new organological context: I will suggest some proposals to fight against attention economy and expression economy and to put computational automata in the service of collective intelligence. (shrink)

This paper explores the psychological notion of context as cognitive environment that is part of the Relevance Theory framework and describes the way in which such CEs are constrained during the course of conversation as the conversational partners engage in “conversional tailoring”.

L'ouvrage publié réunit les actes d'une journée d'étude consacrée à L'imprévu et le droit, souhaitée par les doctorants et organisée par l'Ecole doctorale de droit comparé de l'Université Paris 1 Panthéon-Sorbonne. Le sujet est immédiatement apparu très riche. Si le terme d'imprévu n'est pas essentiellement juridique, il fait écho à des critères du droit tels que la prévisibilité d'une situation ou d'un texte, ou l'imprévisibilité d'un événement comme cause exonératoire de responsabilité. Il renvoie plus généralement à l'exigence de sécurité juridique (...) qui s'opposerait à l'imprévu juridique. En outre le contexte était des plus propices, quelle que soit la discipline concernée, droit public, droit privé et/ou droit pénal. L'imprévu est entendu comme tout ce qui n'a pas été prévu, tout ce qui arrive lorsqu'on ne s'y attend pas. Prévoir, c'est admettre comme probable. La question de l'imprévu confronté au droit est intéressante car les deux concepts semblent antinomiques. Le droit apparaît en effet comme quelque chose de figé, permettant de régler par anticipation les comportements humains. Il doit permettre à chacun de régler sa conduite puisque nul n'est censé ignorer la loi. Le droit doit donc être à la fois connu et prévisible dans ses effets même s'il n'en est pas toujours ainsi. La notion d'imprévu semble rencontrer le droit de deux manières. D'une part, il existe la norme imprévue : la norme nouvelle, la coutume en formation ou l'interprétation surprenante. Se posent alors les questions de la prévisibilité du droit, et corrélativement celle de la sécurité juridique. D'autre part, il y a le fait imprévu. La norme doit se saisir de comportements humains ou de situations de fait qui n'avaient pas été anticipés. L'appréhension du risque et de la survenance d'événements inattendus par des règles de droit préexistantes devient alors un enjeu essentiel. (shrink)

Si en quelque sorte dans l'etat de nature tous les moyens sont bons pour obtenir ce que l'on souhaite, cela ne signifie pas pour autant que la ruse, le mensonge et la tromperie soient admises par Hobbes. Cet ouvrage explore a la fois les conceptions du philosophe sur la legitimite de ces pratiques dissimulatrices, et sa maniere de proceder dans le Leviathan. L'etude portera tout particulierement sur les appendices a l'edition latine: il s'agira de montrer comment, dans ces textes ajoutes (...) apres les ennuis que la publication de son oeuvre majeure en anglais a valus a Hobbes, il reprend les points les plus scandaleux de sa pensee, tel son materialisme, en les presentant sous une lumiere differente. (shrink)

The research question addressed in this paper is: How do the activities of writing mediate knowledge of writing, disciplinary knowledge, and professional knowledge as intertwined sites of learning? To conceptualise the role that writing can take in these complex processes, we apply an analytical framework comprising two core concepts; mediation and learning trajectories. We draw on an empirical study from the context of initial teacher education in Norway. From our analysis, we identify three qualities of writing as important. First, the (...) writing process should in- clude responding to and sharing drafts. Other important qualities include high teacher expectations and continuous reflection. From the perspective adopted here, learning is understood to be distributed and situated. In particular, in situated cultural contexts, collaborative writing can become a significant mediational tool for learning. Initial teacher education seeks to prepare the student teacher for a highly complex professional competency, developing both professionally and in individual subjects. To do so, students must transform social structures and the tools embedded in practices into psychological tools. We contend that writing is one significant tool in moving through complex trajectories of learning towards becoming professional teachers. (shrink)

Chapter 5 of an e-book 'Handbook for Logotherapists' 2024 (Niiles-Mäki Anne). Institute for Purpose-centered Philosophy Finland.

Democracy is the central political issue of our age, yet debates over its nature and goals rarely engage with feminist concerns. Now that women have the right to vote, they are thought to present no special problems of their own. But despite the seemingly gender-neutral categories of individual or citizen, democratic theory and practice continues to privilege the male. This book reconsiders dominant strands in democratic thinking - focusing on liberal democracy, participatory democracy, and twentieth century versions of civic republicanism (...) - and approaches these from a feminist perspective. Anne Phillips explores the under-representation of women in politics, the crucial relationship between public and private spheres, and the lessons of the contemporary women's movement as an experience in participatory democracy. (shrink)

Chapter 3 of an e-book 'Handbook for Logotherapists' 2024 (Niiles-Mäki Anne). Institute for Purpose-centered Philosophy Finland.

Goffman is credited with enriching our understanding of the details of interaction, but not with challenging our theoretical understanding of social organization. While Goffman's position is not consistent, the outlines for a theory of an interaction order sui generis may be found in his work. It is not theoretically adequate to understand Goffman as an interactionist within the dichotomy between agency and social structure. Goffman offers a way of resolving this dichotomy via the idea of an interaction order which is (...) constitutive of self and at the same time places demands on social structure. This has significant implications for our understanding of social organization in general. (shrink)

La participation de l’État québécois aux services de garde, tant sur la plan du financement que de l’orientation éducative depuis les nouvelles dispositions de la politique familiale de 1997, est marquée par une orientation de plus en plus importante vers la prévention et l’intervention auprès des familles. Cet article rappelle comment cette orientation a pris place progressivement depuis les années 1970 dans les garderies du Québec et montre le rôle de plus en plus important de l’État dans les services de (...) garde. (shrink)

Across 13 essays "e; 12 of which were previously unavailable in English "e; Deleuze specialist Anne Sauvagnargues reveals the continuing potential of Deleuze, Guattari and Simondon to invent new concepts and new modes of creativity and existence. She redeploys their work, together with other key philosophers including Bergson, Lacan, Deligny and Ruyer, to create new concepts including geophilosophy, the artmachine, the ritornello, schizoanalysis and the machinic assemblage.

This paper aims to connect Stiegler’s reflections on theoretical computer science with his practical propositions for the design of digital technologies. Indeed, Stiegler’s theory of exosomatization implies a new conception of artificial intelligence, which is not based on an analogical paradigm (which compares organisms and machines, as in cybernetics, or which compares thought and computing, as in cognitivism) but on an organological paradigm, which studies the co-evolution of living organisms (individuals), artificial organs (tools), and social organizations (institutions). Such a perspective (...) does not compare human capacities to machine performances but studies the way in which the evolution of material and technical supports affects and transforms psychological, cognitive or noetic faculties (intuition, memory, understanding, imagination, sensibility, reason, etc.), as well as the constitution of different kinds of knowledge. This new theoretical paradigm implies a new ‘design’ for digital technologies, which considers their social role and their impact on psychological, cognitive or noetic faculties. (shrink)

Professors Ackerman and Alstott contrast their proposal for stakeholding with Philippe Van Parijs’s proposal for a universal basic income. InThe Stakeholder Society, Ackerman and Alstott proposed that the federal government give all U.S. citizens an $80,000 grant as they reach adulthood. The program’s revenue cost is to be funded by an annual wealth tax of 2 percent and a “payback” requirement at death. Although stakeholding and basic income share common foundations in liberal political theory, Ackerman and Alstott discuss the principled (...) and practical advantages of stakeholding and introduce Tony Blair’sU.K. proposal forChildren’s Savings Accounts, which shares important features with stakeholding. (shrink)

Involuntary autobiographical memories are spontaneously arising memories of personal events, whereas voluntary memories are retrieved strategically. Voluntary remembering has been studied in numerous experiments while involuntary remembering has been largely ignored. It is generally assumed that voluntary recall is the standard way of remembering, whereas involuntary recall is the exception. However, little is known about the actual frequency of these two types of remembering in daily life. Here, 48 Danish undergraduates recorded their involuntary versus voluntary autobiographical memories during a day (...) using a mechanical counter. Involuntary memories were reported three times as frequently as voluntary memories. Compared to voluntary memories, they were associated less with problem solving and social sharing and more with day dreaming, periods of boredom, no reasons for remembering and predominantly came to mind during unfocused attention. The findings suggest that involuntary recall is a typical way of accessing the personal past. (shrink)

Purpose – The purpose of this paper is to explore artificial moral agency by reflecting upon the possibility of a Moral Turing Test and whether its lack of focus on interiority, i.e. its behaviouristic foundation, counts as an obstacle to establishing such a test to judge the performance of an Artificial Moral Agent. Subsequently, to investigate whether an MTT could serve as a useful framework for the understanding, designing and engineering of AMAs, we set out to address fundamental challenges within (...) the field of robot ethics regarding the formal representation of moral theories and standards. Here, typically three design approaches to AMAs are available: top-down theory-driven models and bottom-up approaches which set out to model moral behaviour by means of models for adaptive learning, such as neural networks, and finally, hybrid models, which involve components from both top-down and bottom-up approaches to the modelling of moral agency. With inspiration from Allen and Wallace as well as Prior, we elaborate on theoretically driven approaches to machine ethics by introducing deontic tense logic. Finally, within this framework, we explore the character of human interaction with a robot which has successfully passed an MTT. Design/methodology/approach – The ideas in this paper reflect preliminary theoretical considerations regarding the possibility of establishing a MTT based on the evaluation of moral behaviour, which focusses on moral reasoning regarding possible actions. The thoughts reflected fall within the field of normative ethics and apply deontic tense logic to discuss the possibilities and limitations of artificial moral agency. Findings – The authors stipulate a formalisation of logic of obligation, time and modality, which may serve as a candidate for implementing a system corresponding to an MTT in a restricted sense. Hence, the authors argue that to establish a present moral obligation, we need to be able to make a description of the actual situation and the relevant general moral rules. Such a description can never be complete, as the combination of exhaustive knowledge about both situations and rules would involve a God eye’s view, enabling one to know all there is to know and take everything relevant into consideration before making a perfect moral decision to act upon. Consequently, due to this frame problem, from an engineering point of view, we can only strive for designing a robot supposed to operate within a restricted domain and within a limited space-time region. Given such a setup, the robot has to be able to perform moral reasoning based on a formal description of the situation and any possible future developments. Although a system of this kind may be useful, it is clearly also limited to a particular context. It seems that it will always be possible to find special cases in which a given system does not pass the MTT. This calls for a new design of moral systems with trust-related components which will make it possible for the system to learn from experience. Originality/value – It is without doubt that in the near future we are going to be faced with advanced social robots with increasing autonomy, and our growing engagement with these robots calls for the exploration of ethical issues and stresses the importance of informing the process of engineering ethical robots. Our contribution can be seen as an early step in this direction. (shrink)

The mathematician Georg Cantor strongly believed in the existence of actually infinite numbers and sets. Cantor’s “actualism” went against the Aristotelian tradition in metaphysics and mathematics. Under the pressures to defend his theory, his metaphysics changed from Spinozistic monism to Leibnizian voluntarist dualism. The factor motivating this change was two-fold: the desire to avoid antinomies associated with the notion of a universal collection and the desire to avoid the heresy of necessitarian pantheism. We document the changes in Cantor’s thought with (...) reference to his main philosophical-mathematical treatise, the Grundlagen (1883) as well as with reference to his article, “Über die verschiedenen Standpunkte in bezug auf das aktuelle Unendliche” (“Concerning Various Perspectives on the Actual Infinite”) (1885). (shrink)

In _The Excessive Subject: A New Theory of Social Change_, Molly Anne Rothenberg uncovers an innovative theory of social change implicit in the writings of radical social theorists, such as Pierre Bourdieu, Michel de Certeau, Judith Butler, Ernesto Laclau, and Slavoj?i?ek. Through case studies of these writers' work, Rothenberg illuminates how this new theory calls into question currently accepted views of social practices, subject formation, democratic interaction, hegemony, political solidarity, revolutionary acts, and the ethics of alterity. Finding a common (...) dissatisfaction with the dominant paradigms of social structures in the authors she discusses, Rothenberg goes on to show that each of these thinkers makes use of Lacan's investigations of the causality of subjectivity in an effort to find an alternative paradigm. Labeling this paradigm 'extimate causality', Rothenberg demonstrates how it produces a nondeterminacy, so that every subject bears some excess; paradoxically, this excess is what structures the social field itself. Whilst other theories of social change, subject formation, and political alliance invariably conceive of the elimination of this excess as necessary to their projects, the theory of extimate causality makes clear that it is ineradicable. To imagine otherwise is to be held hostage to a politics of fantasy. As she examines the importance as well as the limitations of theories that put extimate causality to work, Rothenberg reveals how the excess of the subject promises a new theory of social change. By bringing these prominent thinkers together for the first time in one volume, this landmark text will be sure to ignite debate among scholars in the field, as well as being an indispensable tool for students. (shrink)

Introduction : La rupture du rapport traditionnel entre sciences et philosophie « Ce ne sera plus désormais la voix d'autrefois, celle qui pour tous, proclamait la vérité. Il faut s'y résoudre, le philosophe n'énoncera plus le savoir. D'autres en ont pris la charge. Que devient-il dans l'éclatement des vérités, la multiplication des techniques, la spécificité et l'enchevêtrement des sciences? » C'est sur cette question que s'ouvre le livre intitulé La philosophie silencieuse, publié par Jean...

Inequality isn’t just for the young anymore. People over age sixty-five face large and growing inequalities in health, wealth, work, and family. The widening gap between better- and worse-off older Americans has begun to undermine legal institutions that once worked to correct inequality, including Social Security, Medicare, private pensions, and family law. In this Article, I briefly document the inequalities that have transformed old age in the last fifty years and then analyze three common justifications for reform: budget solvency, inequality, (...) and progressivity. I show that each of these falls short of the kind of principled justification that will be needed to justify cutting benefits, raising taxes, or both. (shrink)