Pour un pédopsychiatre, le concept de médiation est indissociable de celui d’intérêt de l’enfant, ce terme étant défini comme la protection de la sécurité et du développement affectif et intellectuel de l’enfant. Dans les situations de divorce concernant des enfants petits, il est donc indispensable que les professionnels impliqués aient des connaissances précises concernant les besoins d’un nourrisson, et en particulier qu’ils soient familiers avec la théorie et la clinique de l’attachement. Quant aux visites médiatisées qui sont nécessaires dans (...) certaines situations complexes en protection de l’enfance, elles sont clairement hors du champ de la médiation familiale. (shrink)

Pragmatic Tactics in Mediation Mediation is the process by which a neutral third-party works with disputing parties to assist them in reaching an acceptable, voluntary settlement of their dispute. Mediators are often faced with competing demands over and above those of the dispute itself. For example, establishing and maintaining control of the mediation process without appearing to bully the disputants, persuading a party to reexamine it's position without appearing to lose their neutrality, and convincing a party that (...) the present offer of settlement is the best possible, given the circumstances, without appearing to be determined to reach closure at all costs.The present paper examines data from labor, divorce, and community mediations to show how mediators reduce tensions like those mentioned above through various devices such as establishing common ground, reframing the issue, use of metaphorical examples, and reliance on innuendo, ambiguity, and equivocation. (shrink)

La médiation familiale existe en France depuis un peu moins de vingt ans et elle a obtenu, en 2002, une reconnaissance officielle sous la forme de la création d’un diplôme décerné par l’État. Cet article analyse le succès de la médiation et la place qu’elle occupe aujourd’hui dans la régulation des affaires privées. Pour ce faire, il considère différents niveaux de changement: l’évolution de la famille, celle de l’intervention sociale, ainsi que les stratégies développées par les médiateurs. En ce qui (...) concerne la famille et les ruptures d’union, la médiation familiale s’inscrit dans le droit fil des conceptions qui dominent actuellement. Elle se fait le promoteur de séparations négociées, permettant le maintien des relations entre l’enfant et le parent avec lequel il ne vit pas. S’agissant des transformations de l’action sociale, la médiation apparaît également comme l’expression d’un mouvement plus large : la diffusion d’une forme « douce » d’encadrement des comportements privés. En médiation, les parties sont conduites à écouter l’autre et à faire des concessions. Le dispositif lui-même est porteur d’une normativité forte. Le succès de la médiation ne s’explique cependant que si l’on prend en considération le troisième niveau, l’action des médiateurs : renforcement de la formation, obtention de soutiens sans faille dans la société civile et l’État, et détermination dans la volonté de créer une profession. L’auteur s’interroge sur les raisons qui sont à la base de cette détermination et évoque les questions qui se posent aujourd’hui aux médiateurs. (shrink)

This study investigates how dispute-mediators handle impasse in the re-negotiation of divorce decrees by divorced couples. Three sources of impasse and three strategies for handling impasse are identified based on analysis of mediation transcripts. The concern here lies not so much in the disputant's arguments but in the discussion procedures dispute-mediators use to craft the disputant's argumentation into a tool to solve conflict. Their moves are understood here as a practice of reconstructing argumentative discourse that is neither naïve (...) nor critical but reconstruction as design. Mediator's reconstruction reveals a type of communication work in contemporary societies involved in the crafting of forums and formats that mediate argumentative communication. This work is often invisible and strategic which makes its interpretation, judgment, and development a challenge for pragma-dialectical theory. How reconstruction as design can be understood is discussed by building on prior pragma-dialectical theory and research. (shrink)

This study examines 18 transcripts from audio recordings of mediation sessions at a mediation center in the western United States to explore argumentation in the context of mediation activity. The mediation sessions involve divorced or divorcing couples attempting to create or repair a plan for child custody arrangements. The study takes a conversational argument approach and investigates what is the relationship between interaction and reasoning, how disagreement is managed, and how the mediator’s contributions construct an institutionally (...) preferred form of interactivity. The analysis shows that the mediation activity is accomplished through various dialogue activities. The article makes two claims. Firstly, argument and reasoning are constituted through interaction that imposes various constraints on what contributions are appropriate in mediation talk. Secondly, dialogue activities that mediators initiate can be considered as strategic moves that they make to achieve the institutional goal of the meeting. (shrink)

In this article I argue that Part II of the Family LawAct 1996 gives expression to a new form ofresponsibility. I begin by suggesting thatresponsible behaviour has shifted from prohibiting orrequiring particular actions: we now exhibitresponsibility by our attitude towards our actions. I then examine where this new conception ofresponsibility has come from. Through an examinationof the work of post-liberal theorists, principallyMichael Sandel, I argue that a changing view ofpersonhood within post-liberal theory has led to aquestioning of the possibility of (...) choice, and that theabsence of choice necessitates a shift in thedefinition of responsible behaviour. If we are createdby our decisions then we cannot be held to account forour decisions, but only for the care we have takenover them. Responsibility is therefore measured notby our level of self-control but by our level ofself-awareness. Finally I examine the consequences ofthis shift in the meaning of responsibility. Withinthis framework autonomy is illusory thereforedecisions do not need to be respected. This explainswhy the implementation of Part II of the Family LawAct 1996 has been called into question. Within thisframework responsibility is relative therefore itextends indefinitely. This enables the Family Law Actto be uniquely intrusive and judgmental: everydivorcing couple, on being held up to scrutiny, isfound lacking. (shrink)

The evolutionary origin of human pair-bonds is uncertain. One hypothesis, supported by data from forgers, suggests that pair-bonds function to provision mothers and dependent offspring during lactation. Similarly, public health data from large-scale industrial societies indicate that single mothers tend to wean their children earlier than do women living with a mate. Here we examine relations between pair-bond stability, alloparenting, and cross-cultural trends in breastfeeding using data from 58 “traditional” societies in the Standard Cross-Cultural Sample (SCCS). Analyses show that stable (...) conjugal relationships were associated with significantly later weaning among the societies in the SCCS. The relationship between pair-bond stability and age at weaning was not mediated by women’s ability to provision themselves or women’s kin support. Availability of alloparental care was also inversely related to age at weaning, and the association was not significantly reduced after controlling for frequency of divorce. This study indicates that among a woman’s kin relationships, a pair-bond with a child’s father is especially supportive of breastfeeding. These cross-cultural findings are further evidence that human pair-bonds may have evolved to support lactation. (shrink)

In the contemporary family law, parents are obliged to arrange the joined implementation of the parenting rights either by their own will or through the help of their lawyers and/or mediators. This institute of mutual agreement is known as joined custody or joined implementation of the parenting right after the divorce of the marriage. This institute makes it possible for parents who live separately to arrange their custody rights in the most convenient way for the child. With a joined (...) custody agreement, the parents accept the obligation to implement all the rights and duties that constitute the parenting right even in case of their separation. Through not dividing their rights from their obligations and with the aim of being closer to the needs of the child, the institute of joined custody helps avoid the feelings of hostility and disagreement in regard to the judicial decision which gives permanent custody to one of the parents. This institute is incorporated in the family law of many countries. This article aims to emphasize the need to introduce in the family law of RM an explicit provision for joined and responsible custody after the divorce in order to achieve the best interest of the child. There is a joined initiative of parents who live separately from their children who request the amendment of the Family Law of RM in this direction. (shrink)

The literature on the metaphysics of gender is partially marked by a tension between conceptions that understand gender categories as importantly at least partly self-determined identities and those that understand them as social or cultural categories imposed upon others as a tool of oppression. I argue that this tension can be mediated by understanding gender categories as essentially contested. I then draw on “radical functionalism” to argue that, while, divorced of context, competing conceptions can simultaneously explicate an essentially contested concept, (...) within context, some conceptions better meet background purposes underlying the use of the concept than others. (shrink)

Intersectionality is a travelling theory; now enjoying significant contemporary visibility and popularity in the feminist blogosphere, it has moved across disciplines and borders in ways that are quite distinct from the scholarly critique developed by Kimberlé Crenshaw some time ago. In this article, I consider how intersectionality is translated, and retheorised, as an intertwined set of everyday knowledges and associated governmental practices that both echo and diverge from some of the complexities and politics of its wide-ranging scholarly uptake. Drawing on (...) interviews with self-identifying feminists in a pilot project mapping contemporary Australian digital feminisms, this article explores two overarching patterns in intersectionality’s mobilisation. First, the shift to understanding intersectionality as an everyday conceptual grid plotting women’s differences along one axis, and measuring relative privilege and disadvantage on the other, recentring whiteness and liberal multicultural models of diversity and inclusion. Second, the transformation of intersectionality into an abstract, individualistic model of conduct, involving the citation and classification of ‘white feminist’ behaviour elsewhere, in frequent judgments on US celebrity culture. As such, intersectionality, while seemingly popular, often remained curiously ‘theoretical’ and divorced from embodied, everyday practices. I suggest in what follows that such a model of intersectionality raises questions of the commercial, racialised, political and mediated conditions that shape the theory’s visibility and materialisation. (shrink)

This paper examines the effects of three different types of father absence on the timing of life history events among women in rural Bangladesh. Age at marriage and age at first birth are compared across women who experienced different father presence/absence conditions as children. Survival analyses show that daughters of fathers who divorced their mothers or deserted their families have consistently younger ages at marriage and first birth than other women. In contrast, daughters whose fathers were labor migrants have consistently (...) older ages at marriage and first birth. Daughters whose fathers died when they were children show older ages at marriage and first birth than women with divorced/deserted fathers and women with fathers present. These effects may be mediated by high socioeconomic status and high levels of parental investment among the children of labor migrants, and a combination of low investment, high psychosocial stress, and low alloparental investment among women with divorced/deserted fathers. Our findings are most consistent with the Child Development Theory model of female life history strategies, though the Paternal Investment and Psychosocial Acceleration models also help explain differences between women in low paternal investment situations (e.g., father divorced/abandoned vs. father dead). Father absence in and of itself seems to have little effect on the life history strategies of Bangladeshi women once key reasons for or correlates of absence are controlled, and none of the models is a good predictor of why women with deceased fathers have delayed life histories compared with women whose fathers are present. (shrink)

The general topic of "Mind and World", the written version of John McDowell's 1991 John Locke Lectures, is how `concepts mediate the relation between minds and the world'. And one of the main aims is `to suggest that Kant should still have a central place in our discussion of the way thought bears on reality' (1).1 In particular, McDowell urges us to adopt a thesis that he finds in Kant, or perhaps in Strawson's Kant: the content of experience is conceptualized; (...) _what_ we experience is always the kind of thing that we could also believe. When an agent has a veridical experience, she `takes in, for instance sees, _that things are thus and so_' (9). McDowell's argument for this thesis is indirect, but potentially powerful. He discusses a tension concerning the roles of experience and conceptual capacities in thought, and he claims that the only adequate resolution involves granting that experiences have conceptualized content. The tension, elaborated below, can be expressed roughly as follows: judgments must be somehow constrained by features of the external environment, else judgments would be utterly divorced from the world they purport to be about; yet our judgments must be somehow free of external control, else we could give no sense to the idea that we are responsible for our judgments. (shrink)

The central strength of the Hegelian dialectical tradition is that reason is not divorced from its own internal limits in the name of a reason free from ideological mediation and constraint. This article holds onto this insight in the examination of the recent returns to religious categories in political philosophy and political theory. In this respect the article follows a two-fold logic. In the spirit of Hegel and Marx, it seeks to recover what is 'rational in religion'; and, at (...) the same time, examines the continuing entanglements of politics with religious categories. That this is an atheistic and materialist project is not in a sense strange or anomalous. On the contrary, it is precisely the 'secularisation' of Judeo-Christian categories in Kant, Hegel and Marx's respective theorisation of history, that provides the dialectic ground of the atheistic recovery and invocation of Judeo-Christian thought in recent political philosophy. Consequently the discussion of religion, or 'religion beyond religion', here, has very little to do with the spread of obscurantism and anti-rationalism in the global upsurge of reactionary Christian and Islamic fundamentalisms, neo-Pagan mysticisms, and other retreats from the real, or with the left-liberal denunciation of religion in the recent writings of Richard Dawkins and Christopher Hitchens. Rather, 'religion' here, in its Judeo-Christian legacy, is that which embodies the memory or prospect of a universal emancipatory politics. (shrink)

The central strength of the Hegelian dialectical tradition is that reason is not divorced from its own internal limits in the name of a reason free from ideological mediation and constraint. This article holds onto this insight in the examination of the recent returns to religious categories in political philosophy and political theory. In this it follows a twofold logic. In the spirit of Hegel and Marx it seeks to recover what is ‘rational in religion’; at the same time, (...) it examines the continuing entanglements of politics with religious categories. That this is an atheistic and materialist project is not in a sense strange or anomalous. On the contrary, it is precisely the ‘secularisation’ of Judeo-Christian categories in Kant, Hegel and Marx's respective theorisations of history that provides the dialectical ground for the atheistic recovery and invocation of Judeo-Christian thought in recent political philosophy. Consequently, this discussion of religion, or ‘religion beyond religion’, has very little to do with the spread of obscurantism and anti-rationalism in the global upsurge of reactionary Christian and Islamic fundamentalisms, neo-pagan mysticisms, and other retreats from the real, or with the left-liberal denunciation of religion in the recent writings of Richard Dawkins and Christopher Hitchens. Rather, ‘religion’ here, in its Judeo-Christian legacy, is that which embodies the memory or prospect of a universal emancipatory politics. (shrink)

The US Supreme Court’s abortion decisions over the past forty years have helped to shape cultural beliefs and practices concerning heterosexual relationships, marriage, and parenting. This is true both in the practical and in the legal senses. Practically speaking, definitively separating sex from childbearing, as only abortion can do (given how often contraception fails), inevitably changes the meaning of sex, and therefore of heterosexual relationships. Legally speaking, the Court’s influence was mediated significantly by its decision to locate the right of (...) abortion in an area of constitutional law—substantive due process—which claims to contain only those rights that are indispensable to our national understanding of freedom, both at the level of the individual and respecting our overarching democratic order. In particular, over the course of forty years of abortion opinions, the Court’s reflections on a claimed link between abortion and freedom have led it to conclusions broadly reflected in modern American beliefs and practices insofar as sex, marriage, and parenting are concerned. These include, inter alia, a suspicion of motherhood on the grounds of its risks and harms, the dispensable roles and violent characters of men, the great importance of adults’ wishes, and the importance of sexual expression for individual identity, divorced from consequences for partners or children. (shrink)

This article analyzes the orientation of 150 women autoworkers toward feminism. Demographic variables had no significant independent effects when considered with other variables. Age, marital status, and education did have noteworthy mediated effects. Seniority level, workplace threat, and job skills were significant determinants of feminist orientations. Women's feelings of being trapped in a job, their feelings of job competence, and their self-esteem were also important factors. The interrelationships among the variables suggested that there are two routes to profeminist attitudes. One (...) route is followed by older, higher-seniority women who develop a positive stance toward feminism as a result of mostly positive work-related experiences. The other route is followed by younger, divorced, or college-educated women whose negative work-related experiences apparently sensitize them to feminist issues. (shrink)

continent. 1.3 (2011): 201-207. “Poetry is experience, linked to a vital approach, to a movement which is accomplished in the serious, purposeful course of life. In order to write a single line, one must have exhausted life.” —Maurice Blanchot (1982, 89) Nikos Karouzos had a communist teacher for a father and an orthodox priest for a grandfather. From his four years up to his high school graduation he was incessantly educated, reading the entire private library of his granddad, comprising mainly (...) the Orthodox Church Fathers and the ancient classics. Later on in his life he sold the library for money, only to buy a little more time before he went broke again: “I carry sorrow like a cage/ I got no birds/ as I come back from her hair/ I see the profit emptied/ cool from terror.” (1993, Ι, 101) Nowadays—and ridiculously recently—we are more than apt to speak of a certain insouciance pertaining to the Greek form of expenditure: expenditure without any type of investment, sometimes not (even) symbolic. In the vaults of the European unconscious, this imprudent stance still conjures a “capital punishment” in the form of de-capitation, reflecting back the fear of excess and the terror of its consequences.1 Thus the Greek way of living is very close to what a stranger could have termed as “the Greek way of dying.” Yet, what is not often understood is that the Greek esprit , the same one that invented the maxim μηδ?ν ?γαν (“nothing in excess”), does not experience death solely as an imminent fear of bankruptcy. For it miraculously combines its unconditional acceptance with the promise of a resurrection that is always there in the scents of Spring, from Dionysus to the orthodox Christ: “Everyone resurrects himself through dying [….] Resurrection is the switching of mortalities.” (2002, 94) Hence, if an entire library was imprudently traded for a plate with seven olives, a sliced tomato and some fresh goat cheese, let us not be fooled: this is not the meal of the pauper, but that of “an aristocrat from God” (1993, II, 491) feeding his eloquent loudmouth, ridiculously cut open in an otherwise rock-solid caput . *** To speak of the Greek experience is to speak about a half-dead language that still utters in life what is seemingly excluded from it and thus forbidden to be talked about: death. Death as anything that is out of this world, as something that will never return . Still, along with an experience of death that recently waned as a worn-out academic fashion, the Greek experience is dead too. Nearly 2300 years of written words separating Homer from the fall of Byzantium equal 500 books on a library traded for money: “I am with the killed. Hence my deepest solitude. I do not feel this tremendous macho society, beyond from the fact that it is a ruthlessly consuming one. It is me who pays all the time .” (2002, 57) Let us do the math and see how much this dealing with the Greek experience is costing the poet and how much dealing with the Greek experience might cost us today. *** “I do not guarantee a single word.” (Karouzos, 1993, II, 454) Through its various dialects and forms, the Greek language speaks through an incessant historical dissemination. Anyone who is aware of this terrifying polymorphy and still calls himself a poet, must stand against a white sheet of paper, pen-in-hand, with a very particular duty: to be as fully inconsistent as possible. In the formally ironic uniqueness of the poem, the poet functions as “a band-aid for lesser and greater antinomies.” (1993, I, 251) Of course these antinomies are not exhausted in language—they are historical, political and, alas, existential. Yet, beyond appearances , it is language that ruthlessly encodes them through history, submitting the poet to the temptation of placing them one next to the other on a single white sheet. The closer their neighboring, the greater the scattering of the writer in the ironic uniqueness of the paper. In a work where poetic license is described as a “freedom-impasse” (2002, 51), this task is undertaken in full conscience of its personal consequences: “what I am interested in is to escape my individuality (envisioning the non-ego) […] Nevertheless, my dissociations never achieve duration.” (2002, 74-75) Hence, though poetry is the “deserted direction of will,” (1998, 62) the stance of the poet is not that of a Nietzschean “great man.”2 Whereas drunkenness provides a thread between the poem and the excess it both presupposes and infuses (“Poetry always enlarges. ‘Drunkenness’ is nothing more than that,” (2002, 85)), whereas language flashes in loudmouth spurts of déraison (“When I am alone I do something else. I utter words. For example, while having my ouzo and listening to music I am most likely capable of randomly shouting ‘Electricity!’” (2002, 138)), the poet never gives in to the double affirmation that would eventually risk the “element of pleasure in discourse.” (2002, 80)” It is exactly because the gap of the antinomies is so vast that poetry is not meant to be written with a hammer. Neither does writing consist in a reevaluation of those elements. In short, poetry is not an affirmation of difference, but the surprising beauty of chiming antinomies. We might never transcend them, but it is up to us to put them together. Yet again, this voisinage is not to be identified with the necessity of chance as an eternal return.4 On the contrary it is a return from that very return : Let us treat Yes as a No to No and No as a Yes […] And let us not forget that this pissed affirmation crumbled down Nietzsche’s intellect in the dark paths of this world. (2002, 88) This return from the “vicious circle” should in no way be taken as a form of artistic prudence. Rather it can be seen as a dribble of demonic inconsistency as Dionysus transforms himself into a Christ that is in turn de-theologized: “Who can forbid that? Every man is capable of his own theology, nothing can stop him.” (2002, 73-74) This is a turn towards an existential vision of the world, historically coinciding with a particular political defeat of the Left, to which the poet devoted all his life: after the defeat of the popular front I raised the question “why do we exist?” while others were asking “why we failed.” (2002, 57)5 But most of all it is a return to poetry that exceeds the existential question itself, going beyond the issue of faith. Poetry comes in as a question of return after a defeat that is confessed in full profanity. Though it accepts the necessity of the defeat, it does not affirm it. Though it negates it, the negation is not in the name of a promise to be delivered in the kingdom of heavens. Following a historical and existential defeat, poetry is born post mortem . It signals a return to Christ as “groundless religiousness in the surprise of the real as such” (2002, 72) which is at once a return to the refuge of childhood. It is not a question of endurance towards an eternal return. Rather it is a question on the possibility of an existential return. Returning in a world as someone who cannot enjoy any returns exactly because he is averse to guarantees. A return without returns. *** PHOTOCOPY OF HAPPINESS When I was young I used to pin down cicadas and step on ant nests. I used to stand there silent for hours. With threads I decapitated bees. Now I am a dead man breathing. (Karouzos, 1993, II, 336.) The return to the “paradise of childhood” (2002, 68) constitutes the devouring refuge of its own memory when defeat becomes the synonym of adulthood. The political struggles of a young communist in a country torn up by a civil war right after World War II fraught with incarcerations and exiles. Historically they resulted in the defeat of the communist movement in Greece and opened up a long turbulent road that would peak in the dictatorship of 1967. Existentially they led to a series of disillusionments: mental breakdown, divorce, abandonment of studies in law school. To the question “why do we exist” the answer was poetry. Still this exposé should not be read as a sweeping chronography of a man. For it actually happens to coincide with the historical fate of a nation that after its modern constitution never stopped dreaming of the glories of its past youth, in a present that was (and is) sweepingly disappointing. But isn’t this return to youth finally a way of compensating for a loss of youth that necessarily results in a losing adulthood? Will Greeks, the eternal children of Plato and Nietzsche, ever learn? How to return without dying, how to remember without wasting time? WE ARE IN THE OPEN MEANING Living the coldest mauve night right across Parthenon I went to take a piss on some foliage and I was enjoying the foliage as it was steaming. (Karouzos, 1993, II, 340) Beyond the historical tragedies of modern Greece and away from any personal disappointments, the relation that this land holds with language and history is mediated through the Greek light—whose omnipresence is the very condition of its transcendence. All historical contradictions from Dionysus to Christ took place under this light; all those disseminated dialects were spoken beneath its warmth. To paraphrase Lévinas,6 light is both the condition of the world and of our withdrawal from it—a withdrawal towards the invisibility of God, of the dead, of meta-physics, resulting from the temptation that all is still here, behind this light the visibility of which they once evaded: “birds, the allurement of God.” (1993, I, 17) Under that luminous sky, if Greeks can do anything at all, it is to envision a return that will never come. All they can do is write poetry—which is doing nothing; other than lending an ear to a disseminated language whispering a unity that cannot be promised, as an adulthood in defeat is ready to recognize. Trying “to trap the invisible in visibility” (1993, II, 483) they forget that they have grown up and one day they die—with the promise of return. Hence an additional meaning must be given to this return to childhood. It does not signal salvation but rather its promise. To the ears of an aged continent it means that the return to/of poetry is a losing game, a return without returns. “Europe, Europe… you are nothing more than the continuation of Barabbas.” (1993, I, 295) *** “Life is not there to verify theories.”7 The records show that Karouzos was finally given a second-class pension from the Greek government, at the time when he was being recognized by the literary press as one of Greece’s major contemporary poets. Being neither a bourgeois nor a nobelist, he proclaimed himself to be an anarcho-communist, unconditionally faithful to the utopia of a classless society. He also drank, heavily. “Capitalism made an animal out of man/ Marxism made an animal out of truth/ Shut up.” (1993, II, 369) Perhaps one of the most scandalous divides of our times has been the one between the living and the dead, the latent prohibition that the living should not be concerned with the dead based on the mere impossibility of the dead to be concerned with the living in the first place. What adds to this scandal is that this divide abuses anything that cannot return to us by subsuming it under the same futility. Hence death is no longer “loss” in the usual sense. It no more refers to the things we lost but to our “loss” (of time, money and well-being) as we insist to dwell on them. Death is a waste —of time. It is this waste that we find in the insouciance of Greek expenditure; the waste in dealing with a language that most of its historical part is no longer spoken (a dead language); the waste in translating a poet who is ex definitio untranslatable; the waste of his vision, his money, his life. The waste of dealing with anything that cannot return and that cannot bring in any returns . But it is also the waste of life that poetry itself presupposes, the waste of dealing with invisibility, with anything that is out of this world and thus invokes the fear of death that is in turn—and surprisingly— nowhere to be found. Instead of death, what is there, beyond the light, is the being without us (to recall the Lévinasian il y a ), the mumble of our own nothingness which constitutes the price to be paid for writing poetry under an evergreek light. To understand this to-and-fro, is to realize that poetry is something out of this world that nevertheless takes place in this world, by virtue of this world. But to ridiculously equate this to-and-fro with death as non-existence, is to exile poetry along with its own possibility from this same old world: I do not believe that poetry will ever disappear from this world. […] But I am also sure that it does not have many chances of playing, as you say, a redemptive role in our vertiginous technological future. Without being endangered as a creative need, it will be placed on the side of history. (2002, 32) It is mainly there that we would like to locate the meaning of Nikos Karouzos’s poetry today. If we are willing to include the Greek original it is because we consider that it will be both a waste of time for us to do so (since most of you cannot read Greek) and because it might induce you to the even larger waste of learning it. We would additionally be glad if this small introduction served as an equally wasteful, academically useless piece of reading, gesturing towards a taboo of investing in anything Greek—that is in anything dead among the living, in anything that will never come back and maybe was never here in the first place. This is the only way to reserve for ourselves the possibility of poetry and preserve the light of its promise. “To return: that is the miracle.” (1993, I, 17) Athens, Greece July 10, 2011 NOTES 1 “ Capitale (a Late Latin word based on caput “head”) emerged in the twelfth to thirteenth centuries in the sense of funds, stock of merchandise, sum of money or money carrying interest.[…] The word and the reality it stood for appear in the sermons of St. Bernardino of Siena (1380-1444) ‘… quamdam seminalem rationem lucrosi quam communiter capitale vocamus ’, ‘that prolific cause of wealth that we commonly call capital’” (Braudel, 1992, 232-233). 2 “A great man – a man whom nature has constructed and invented in the grand style – what is he? First : there is a long logic in all of his activity, hard to survey because of its length, and consequently misleading; he has the ability to extend his will across great stretches of his life and to despise and reject everything petty about him, including even the fairest, ‘divinest’ things in the world.” (Nietzsche, 1968, 505, §962) 3 Cf. Deleuze, 1986, 186-9. 4 “Return is the being of becoming, the unity of multiplicity, the necessity of chance: the being of difference as such or the eternal return.” (Deleuze, 189)5 In this 1982 interview Karouzos refers to the defeat of the communist movement in Greece after the civil war of 1946-1949 between the Governmental Army and the Democratic Army of Greece, the military division of the Greek communist party. Karouzos’s father was a member of the communist National Liberation front (EAM) members of which formed the mainl resistance movement (ELAS) in Greece during WWII. The poet was a member of the United Panhellenic Organization of Youth (EPON), which was a youth division of EAM. After the end of the war, ELAS was called to disarmament in view of the formation of a National Army. The members of EAM resigned from the government of national unity and a series of protests led to a 3 year civil war between ELAS and the Government Army. After the defeat of ELAS the Communist party was outlawed and many communists were exiled in deserted Greek islands. Karouzos, who took action in the Greek resistance and was active during the Greek civil war, was exiled in Icaria on 1947 and in Makronisos on 1953 where he was called two years earlier to do his military service. 6 “Existence in the world qua light, which makes desire possible, is then, in the midst of being, the possibility of detaching oneself from being. To enter into being is to link up with objects; it is in effect a bond that is already tainted with nullity. It is already to escape anonymity. In this world where everything seems to affirm our solidarity with the totality of existence, where we are caught up in the gears of a universal mechanism, our first feeling, our ineradicable illusion, is a feeling or illusion of freedom. To be in the world is this hesitation, this interval in existing, which we have seen in the analyses of fatigue and the present.” (Lévinas, 1988,43-4) 7from a TV interview. THE POETRY OF NIKOS KAROUZOS From Redwriter [ Ερυθρογρ?φος ], in Collected Works, Vol . II, Athens: Ikaros. 1993, 463-4. [Athens: Apopeira, 1990, 9-10.] JESUS ANTI-OEDIPUS* Why were we once saving till the fifth day the Paschal lamb? The scriptures say: with this victim’s meat we ought to cleanse all of our senses. To give life to the whitest wave miraculous odors in the extension of the chest. Ideals to death. For us to witness the illustrious dawns of Absinthe and for the soul to be a deeply carved ornament on the fore we named will. Then many deer running amidst the evergreen growth with watery hymns, then, the unintended angels descending with heights spiraling in their momentum offer themselves to the luminous Adventure. Whence the need for speech and our sufferings covered with flags like the glorified dead. An incorporeal finger pointing at the flamboyant and fragrant holocausts within the tired horizons and the exhausted breadths with joys of the mistletoe on fire and shivering all of the green-leaved love. Something would have chirped again had we not driven it away— maybe the ewe’s grass. Something would have called us to the eternal resurrection— maybe the grace of spring. But now our heart is fiercely blinded, withdrawn to the appearances of Hades. Silence and ice incessantly cover the Infant Spirit in thatched times. While the cherry trees are dreaming faintly glowing in absolute darkness there’s nothing the Babylonians can contemplate in labs with automatic colored lights. How to rejoice now in the fifth day of the lamb? We have forked the stars. We’ve gradually become supposedly sublime with plucked chimeras in our hands. Avenged relentlessly by science. *Though the poem appears in a 1990 collection, it was actually written in 1968. Hence the reader must be aware in not associating Karouzos’ Anti-Oedipus with the famous 1972 work of Deleuze and Guattari, given that the former precedes the latter. ΙΗΣΟΥΣ ΑΝΤΙ-ΟΙΔΙΠΟΥΣ Γιατ? κρατο?σαμε κ?ποτε ?ς την π?μπτη μ?ρα το πασχαλιν? πρ?βατο; Τα κε?μενα λ?νε: μ’ αυτο? του θ?ματος το κρ?ας ?πρεπε να καθαρ?σουμε ?λες τις αισθ?σεις. Για να δ?σουμε κ?μα στη ζω? λευκ?τατο θαυμ?σιες ευωδι?ς στην ?κταση του στ?θους. Ιδανικ? στο χ?ρο. Για να βλ?πουμε τα λαμπρ? χαρ?ματα του ?ψινθου και να ’ναι η ψυχ? στ?λισμα βαθυχ?ρακτο της πλ?ρης που την ε?παμε θ?ληση. Τ?τε πολλ?ς δορκ?δες τρ?χοντας αν?μεσα στην καταπρ?σινη φ?ση με τους υδ?τινους ?μνους, τ?τε, κατεβα?νοντας οι αθ?λητοι ?γγελοι με κυλινδο?μενο το ?ψος στην ορμ? τους χαρ?ζονται της αστραφτερ?ς Περιπ?τειας. ?θεν η μιλι? γι’ αυτ? χρει?ζεται και τα δειν? σκεπ?ζονται ωσ?ν τους τιμημ?νους νεκρο?ς με σημα?ες. Ασ?ματο δ?χτυλο δε?χνει τα φλογ?δη και μοσχοβ?λα ολοκαυτ?ματα στους κουρασμ?νους ορ?ζοντες στα εξουθενωμ?να πλ?τη καθ?ς αν?βουν οι χαρ?ς του νερα?δ?ξυλου και τρ?μει ολ?κληρη η πρασιν?φυλλη αγ?πη. Κ?τι θα κελαηδο?σε π?λι αν δεν το δι?χναμε— μπορε? της προβατ?νας το χορτ?ρι. Κ?τι θα μας καλο?σε στην απ?ραντη αν?σταση— μπορε? του ?αρος η χ?ρη. Μα η καρδι? μας ?γρια τυφλ?θηκε π?ρασε στα φαιν?μενα του ?δη. Σιγ? και π?γος αδι?κοπα σκεπ?ζει στους αχυρ?νιους καιρο?ς το Ν?πιο Πνε?μα. Την ?ρα που ονειρε?ονται οι βυσσινι?ς και λ?μπουν αμυδρ? μεσ’ στο απλ?τατο σκοτ?δι τ?ποτα δε στοχ?ζονται οι βαβυλ?νιοι στα εργαστ?ρια με τ’ αυτ?ματα χρωματιστ? φ?τα. Π?ς να χαρο?με πια την π?μπτη μ?ρα του προβ?του; Φουρκ?σαμε τ’ αστ?ρια. Γ?ναμε σιγ?-σιγ? δ?θεν υπ?ροχοι με μαδημ?νες χ?μαιρες στα χ?ρια. Μας ν?μεται σκληρ? η επιστ?μη. From: Redwriter [Ερυθρογρ?φος], in Collected Works, Vol. II, Athens: Ikaros. 1993, 472. [Athens: Apopeira, 1990, 18.] DIALECTΙCS OF SPRING Christ the straight angle; Christ the Pythagorean theorem. Christ the infinitesimal calculus from above the blessed Sets Christ. Christ the tessellation of massive particles Christ the zero mass. Hence we spray numbers and fields of lust. We are carabineers of diseased logic plus something— Observed means observer and Hekate The darkness luminous and light in the dark Astarte banqueters demons from today. ΔΙΑΛΕΚΤΙΚΗ ΤΟΥ ΕΑΡΟΣ Χριστ?ς η ορθ? γων?α· Χριστ?ς το πυθαγ?ριο θε?ρημα. Χριστ?ς ο απειροστικ?ς λογισμ?ς ?νωθεν ?λβια Χριστ?ς τα Σ?νολα. Χριστ?ς η ψηφιδογραφ?α στα μαζικ? σωμ?τια Χριστ?ς η μ?ζα μηδ?ν. ?ρα ψεκ?ζουμε αριθμο?ς και πεδ?α λαγνε?ας. Ε?μαστε τυφεκιοφ?ροι νοσο?σης λογικ?ς και κ?τι-- παρατηρο?μενο σημα?νει παρατηρητ?ς και Εκ?τη σκ?τος το π?μφωτο και φως εν τ? σκοτ?? η Αστ?ρτη συνδαιτημ?νες δα?μονες απ’ ?ρτι. From: Redwriter [Ερυθρογρ?φος], Athens: Apopeira, 1990, 18. [1993, II, 472]. CREDO (as we are used to say in Latin) Α I believe in one Poet expelled from heavens / fugitive from the god and vagabond, Empedocles / and here on earth / exile on the earth etc. of Baudelaire /. Β I believe in one Computer inside thunder and through matter. Γ Suffering undefiled / substantive / the Poet uplifts himself slow-burning suicidal implying lengthy sleeps. Δ Cutting down on prospective mistakes. Ε Of all things visible and invisible officiating the onion-peelings. Ζ The Poet has nothing / see the departed /. Η I believe in one Poet that says: madness I enjoy; he ridicules existence; let me light up from my mana. Θ Syntax he doesn’t care about when musicality commands him. Along with still more licenses, and Ts are played according to the concept sound anywhere. E.g. the winters here, he winters there; it will not come—I will not rest, etc. etc. Ι The Poet exercises thought until it’s stripped down. Κ And if he’s Greek he must always study the fineness of Attica, in light, mountains, fields and sea. For this fineness teaches language. Λ And if he’s deeply destined the Poet expresses the unexplainable of the explained; he happens to be a rightful heir to the scientist and his predecessor. Μ On the froth he does not last; the Poet blusters at the bottom of the pot. Ν Flamebred and never redeemed. Ξ The Poet must sometimes say: what a consumption of presence — be a bit lonely for a change! Ο The Poet is twilit. Π He is susceptible of deaths and resurrections. Ρ He looks from the corner of his eye and exists in a glance. Σ He follows behind the mother. Τ Eveningless when it comes to age. Υ I believe in one Poet who says: let the purities coincide. Until the Corinth of the Universe or even further. Φ In a higher despair. Χ In a brighter quintessence. Ψ In one sensation that lifts off. Ω Forgiving everyone. CREDO (ως ε?θισται να λ?με λατινιστ?) Α Πιστε?ω εις ?να Ποιητ?ν εκτ?ς ουρανο? / φυγ?ς θε?θεν και αλ?της, Εμπεδοκλ?ς / και επ? της γης / εξ?ριστος π?νω στη γη κ.λπ. του Βωδελα?ρου /. Β Πιστε?ω εις ?να Υπολογιστ?ν εντ?ς κεραυνο? και δια της ?λης. Γ Υποφ?ροντας ?χραντα / ουσιαστικ?ν / ο Ποιητ?ς ανατε?νεται βραδυφλεγ?ς αυτ?χειρας εξυπακο?οντας πολ?ωρους ?πνους. Δ Τα υποψ?φια λ?θη λιγοστε?οντας. Ε Ορατ?ν τε π?ντων και αορ?των ιερουργ?ντας την αποκρομμ?ωση. Ζ Ο Ποιτ?ς ?χει τ?ποτα / βλ?πε τους αναχωρ?σαντες /. Η Πιστε?ω εις ?να Ποιητ?ν που λ?ει: η τρ?λα μ’ αρ?σει· γελοιοποιε? την ?παρξη· ας αν?ψω απ’ τη μ?να μου. Θ Συνταχτικ? δεν το γνοι?ζεται στην προσταγ? της μουσικ?τητας. Μαζ? και μ’ ?λλες ακ?μη λευτερι?ς, και τα νυ πα?ζονται κατ? την ?ννοια ?χος οπουδ?ποτε. Π.χ. τον χειμ?να εδ?, το χειμ?να εκε?· δε θ? ’ρθει – δεν θα καταλαγι?σουμε, κ. λπ. κ.λπ. Ι Ο Ποιητ?ς γυμν?ζει τη σκ?ψη σε απογ?μνωση. Κ Κι αν ε?ναι ?λληνας οφε?λει να σπουδ?ζει π?ντοτε της Αττικ?ς τη λεπτ?τητα, σε φως, βουν?, χωρ?φια και θ?λασσα. Διδ?σκει γλ?σσα η λεπτ?τητα το?τη. Λ Κι αν ε?ναι βαθι? πεπρωμ?νος ο Ποιητ?ς εκφρ?ζει το ανεξ?γητο του εξηγητο?· τυγχ?νει ν?μιμος δι?δοχος του επιστ?μονα και προκ?τοχ?ς του. Μ Στον αφρ? δεν ?χει δι?ρκεια· στο πατοκ?ζανο μα?νεται ο Ποιητ?ς. Ν Φλογοδ?αιτος και ποτ? ξελυτρωμ?νος. Ξ Ο Ποιητ?ς κ?ποτε πρ?πει να λ?ει: μεγ?λη καταν?λωση παρουσ?ας – γενε?τε και λ?γο μοναξι?ρηδες! Ο Ο Ποιητ?ς ε?ναι αμφ?φλοξ. Π Επιδ?χεται θαν?τους και αναστ?σεις. Ρ Ακροθωρ?ζει και υπ?ρχει σε ξαφνοκο?ταγμα. Σ Ε?ναι ουραγ?ς της μητ?ρας. Τ Αν?σπερος απ? ηλικ?α. Υ Πιστε?ω εις ?να Ποιητ?ν που λ?ει: να συμπ?σουν οι αγν?τητες. Μ?χρι την Κ?ρινθο του Σ?μπαντος ? μακρ?τερα. Φ Σε αν?τερη απελπισ?α. Χ Σε φαειν?τερη πεμπτουσ?α. Ψ Σε μια α?σθηση που πτηνο?ται. Ω Συγχωρ?ντας τους π?ντες. From Large Sized Logic [ Λογικ? μεγ?λου σχ?ματος ], Athens: Erato, 1989, n.p. [1993, II, 521-3]. (shrink)

The identity is an arduous and complex topic that includes practically all the aspects of the life of a human being. The identity, mediated narrative, plays a role aimed at the personal direction of ours lives and sociocultural function linked to the quest for recognition of the rights of social groups to which one feels attached . Between economic globalization and pluralization of the life forms, identity is the result of a double disorientation. At the individual level, the insecurity work, (...) the flexibility of human relations, the rise in divorces or international migrations require rethinking, constantly, the circumstances on which our lives are developed. At the collective level, the new transnational agents like ONU or OTAN and local agents like nationalism, ethnic or immigrant groups forced to rethink the space of groups, collectives and communities between the global homogenization and local heterogeneity. (shrink)

The aim of this paper is to show the anthropological resources of Ricceur’s philosophy of the act, in order to elaborate a living articulation of ethics and politics that avoids the deadlock which represents the idea of a complete divorce between moral idealism and political realism. In this second part, it defends the thesis that the reconquest of an “ethical-political teleology” is only possible to the extent that, in Ricceur, the reappropriation of the “ethical originary affirmation” takes a radically (...) critical form. Then it tries to show how this critical approach is likely to lead to a release of the mediating power of social imaginary, which always complements and precedes our acts. (shrink)

Resumen: El artículo propone contribuir al estudio sociológico de la "abstracción" como una clave para comprender las complejas relaciones entre lo conceptual y lo empírico. Nuestro argumento es que la "abstracción" constituye un tercer término que desafía el divorcio entre ambos dominios en la sociología e interroga su compleja mediación en la vida social. Para ello, exploramos las posibilidades de una sociología de la abstracción como un ejercicio de observación tendiente a: comprender la inmersión de las prácticas de abstracción de (...) la teoría social de un modo inmanente a las dinámicas de abstracción de la sociedad; descifrar el movimiento concreto de los conceptos que dan forma a la sociedad y permiten la durabilidad a las relaciones sociales. En otras palabras, sostenemos, el trabajo sociológico de la abstracción consiste en un inevitable repliegue reflexivo que moviliza los conceptos para alcanzar lo que está más allá de los conceptos.: This paper aims to contribute to the sociological study of "abstractions" as a key to comprehend the relations between the conceptual and the empirical. Our argument is that "abstraction" is a third term that challenges the customary divorce between these domains in sociology inasmuch as interrogates their complex mediation in social life. To do so, we explore the possibilities of a sociology of abstraction as an exercise of thinking and observation aimed at: comprehending the immersion of social theory's practices of abstraction as immanent to the dynamics of abstraction of society; and deciphering the concrete movement of concepts that give form to society and durability to social relations. Thus, we intend to show that the project of a sociology of abstractions consists in an unavoidable reflexive retreat that displays concepts in order to reach what is beyond concepts. (shrink)

Many today’s scientists think that religion can never come to terms with science. In sharp contrast to the widespread opinion, the authors of this paper consider that historically scientific reasoning and religious belief joined hands in their effort to investigate and understand reality. In fact, the current divorce between science and religion is nothing else than the final outcome of a gradual long-term, and deliberately assumed process of science secularization of science. However, especially during the last decades, we have (...) all been equally confronted with the advance of a new concern over the fact that contemporary scientists have been approaching an area of investigation that had been usually addressed by the theological thought. This recent development has generated an emerging new field of investigation of Science and Religion within modern scientific epistemology.Against this background, the purpose of this paper is three-fold: firstly, to briefly emphasize that one of the defining dimensions of the dialogue between science and religion is given by the discontinuity, in which, the knowledge acquired through scientific reasoning is placed in relation to the divinely revealed knowledge; secondly, to argue that another defining dimension of the dialogue consists in the hierarchical harmony mediating the encounter between the two, thus transgressing the discontinuity and making the dialogue between theology and science possible and viable; and thirdly, to advocate the idea that the apodictic method (based on antinomic logic) can successfully structure such a dialogue. (shrink)

Why mediation? -- What makes bioethics mediation unique? -- Before you begin a bioethics mediation program -- The stages of bioethics mediation -- Techniques for mediating bioethics disputes -- How to write a bioethics mediation chart note -- Mediation with a competent patient : Mr. Samuels's case -- Mediation with a dysfunctional family : Mrs. Bates's case -- A complex mediation with a large and involved family : Mrs. Leonari's case -- Discharge (...) planning for a dying patient : a role-play -- An at-risk pregnancy : a role-play -- HIV and postsurgical complications in the ICU : a role-play -- Treating the dying adolescent : a role-play -- She didn't mean it : a role-play -- Don't tell mama : a role-play -- An at-risk pregnancy : a role-play transcript -- HIV and postsurgical complications in the ICU : a role-play transcript -- She didn't mean it: a role-play transcript -- Don't tell mama : a role-play transcript. (shrink)

An examination of some of the ethical issues that arise in making policy decisions about divorce child-custody disputes. It is argued in this paper that what needs to be resolved is the dilemma that occurs when the legislator is faced with a choice between using a discretionary standard that promotes the best interests of the child or a non-discretionary standard that settles disputes by an arbitrary assignment of custody. The dilemma is resolved through a normative analysis of various types (...) of dispute-settling processes and a canvas of standard that allow for the automatic but non-arbitrary settling of disputes between contending parents. (shrink)

Wedding vows seem to be promises. So they go: I promise to love, honour, and cherish .... But this poses a problem. Divorce is not widely seen as a serious moral wrong, but breaking a promise is. I first consider, and defend against preliminary objections, a ‘hard-line’ response: divorce is indeed prima facie impermissible promise-breaking. I next consider the ‘hardship’ response—the hardship of failed marriages overrides the prima facie duty to keep promises. However, this would release promisors in (...) far too many cases. I resolve the triad by considering the content of the vows. Vows concerning love are not promises at all. We cannot promise to do acts the performance of which is outside our control, and love involves states of mind outside our control. Vows concerning spousal roles are complicated by diverse social understandings of marriage and the centrality of emotion to the roles. (shrink)

Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process.

Does the viability of the discovery program depend on showing either (1) that methods of generating new problem solutions, per se, have special probative weight (the per se thesis); or, (2) that the original conception of an idea is logically continuous with its justification (anti-divorce thesis)? Many writers have identified these as the key issues of the discovery debate. McLaughlin, Pera, and others recently have defended the discovery program by attacking the divorce thesis, while Laudan has attacked the (...) discovery program by rejecting the per se thesis. This disagreement over the central issue has led to communication breakdown. I contend that both friends and foes of discovery mistake the central issues. Recognizing a form of divorce helps rather than hurts the discovery program. However, the per se thesis is not essential to the program (nor is the related debate over novel prediction); hence, the status of the per se thesis is a side issue. With these clarifications in hand, we can proceed to the next stage of the discovery debate--the development (or revival) of a generative conception of justification which goes beyond consequentialism to forge a strong linkage of generation (or rather, generatability) with justification. (shrink)

: This article aims to promote mediation as an alternative disputeresolution mechanism to deal with interreligious skirmishes taking place inMalaysia. This is in view of the increasing statistics of interreligious disputesreported in the media. The reason for recommending interreligious mediationis due to its constructive nature in peacebuilding initiatives and its successfulstories across the globe. The article discusses the potential actors of religiousmediators and their requirements as well as the processes and conditions for asuccessful mediation. The article also highlights (...) the need for certified trainingto make a credible mediator. Using mainly textual research, the article managedto gather and analyse the meaning and concept, historical background and thestructure of mediation. Since mediation is new in Malaysia, the article foundthat the government’s role is crucial in its institutionalization; hence the articleproposes that the Ministry of National Unity leads the initiative. (shrink)

At the annual conference of The American Psychiatric Association (APA) in Miami, there was a workshop entitled "Family Crisis". The results of a study said that in the last 30 years, 60% of families in the United States ended in divorce, and 70% of their children did not develop well, behave deviant or antisocial. For example seen juvenile delinquency, abuse of NAZA (Narcotics, Alcohol, and other Addictive Substances), promiscuity, deviant sexual behavior and so on. It was also stated that (...) divorce rates are increasing, marriages are decreasing because many people choose to live together without marriage or single life and free sex. Disloyalty (abuse) among families in the US turned out not to be the monopoly of husbands alone, but 40% of the wives there were also involved in affair with third parties. Of the five marriages in the first five years, three divorces occurred. The author gives the purpose of writing to discuss the crisis in the household, rebuild the household and give Christian values ​​in counteracting divorce. The author uses descriptive literature research method data and provides research results: How a harmonious family can be established dynamically if we base our family building on the basis of strong Christian spirituality values ​​accompanied by a fabric of good communication between us and our children. Surprisingly few studies have explored the implications of divorce happened because family can not be established, especially in young adulthood. This study addresses several theoretical arguments linking divorce in the side of spiritual value with reduced religious involvement in young adulthood and tests relevant hypotheses using data from a unique sample. Results show that divorce in the side of spiritual value is associated with substantially lower communicate religious involvement among young adults in their families house. (shrink)

In this article I argue that Part II of the Family LawAct 1996 gives expression to a new form ofresponsibility. I begin by suggesting thatresponsible behaviour has shifted from prohibiting orrequiring particular actions: we now exhibitresponsibility by our attitude towards our actions. I then examine where this new conception ofresponsibility has come from. Through an examinationof the work of post-liberal theorists, principallyMichael Sandel, I argue that a changing view ofpersonhood within post-liberal theory has led to aquestioning of the possibility of (...) choice, and that theabsence of choice necessitates a shift in thedefinition of responsible behaviour. If we are createdby our decisions then we cannot be held to account forour decisions, but only for the care we have takenover them. Responsibility is therefore measured notby our level of self-control but by our level ofself-awareness. Finally I examine the consequences ofthis shift in the meaning of responsibility. Withinthis framework autonomy is illusory thereforedecisions do not need to be respected. This explainswhy the implementation of Part II of the Family LawAct 1996 has been called into question. Within thisframework responsibility is relative therefore itextends indefinitely. This enables the Family Law Actto be uniquely intrusive and judgmental: everydivorcing couple, on being held up to scrutiny, isfound lacking. (shrink)

This paper develops and tests a new conceptual model incorporating the indirect impact of two ethical ideologies (idealism and relativism) on Chinese consumers’ ethical judgments under four ethically problematic consumption situations (active benefit, passive benefit, deceptive practice, and no/indirect harm) through two cultural values (integration and moral discipline). Data from a large-scale online consumer survey in five major Chinese cities (_N_ = 1046) support most hypotheses. The findings are consistent with the postulated global impact of ethical ideology on forming an (...) individual’s beliefs and values and highlight the importance of a thorough understanding of the significant determinants of consumer ethics to promote ethically responsible consumption behaviors. This study also uses an emic approach to conceptualize and measure Chinese cultural values by using cultural constructs and measures that are designed explicitly in the Chinese context. (shrink)

Divorce amongst married couples is a disturbing phenomenon amongst the Yoruba people of southern Nigeria. Unfortunately, the church in Yoruba land, which has focused much of its teachings on financial prosperity, has started facing the consequences of these lopsided teachings. Using a phenomenological approach, this study argues that the lack of sexual satisfaction, poverty, activities of fake pastors, infidelity and lies from any of the partners are the major causes of increasing divorce rates amongst Yoruba Christians. Existing literature (...) has not adequately addressed the issue of divorce amongst Yoruba Christians. This study explores the growing divorce rates from the lens of Yoruba Christians and how it impacts on the family, children and the church at large. As part of this recommendation, church leadership should start organising marriage seminars for married couples where they are taught a nonviolent approach to conflict resolution in the family.Contribution: This study indicates that the activities of some churches and their leaders indirectly support divorce, and the consequence is mostly felt by the children. This study argues that divorce is not supported by the church in Yoruba land. The study implicated practical theology. (shrink)

Many epistemologists treat rationality and justification as the same thing. Those who don’t lack detailed accounts of the difference, leading their opponents to suspect that the distinction is an ad hoc attempt to safeguard their theories of justification. In this paper, I offer a new and detailed account of the distinction. The account is inspired by no particular views in epistemology, but rather by insights from the literature on reasons and rationality outside of epistemology. Specifically, it turns on a version (...) of the familiar distinction in meta-ethics between possessing apparent normative reasons (which may be merely apparent) and possessing objective normative reasons. The paper proceeds as follows. In §1, I discuss the history of indifference to the distinction between rationality and justification in epistemology and the striking contrast with meta-ethics. I introduced the distinction between apparent reasons and possessed objective reasons in §2 and provide a deeper basis for it in §3. I explain how the ideas extend to epistemology in §4 and explore the upshots for some central issues in §5. (shrink)

Chacun s’interroge sur les effets de la séparation de couple sur l’enfant. Dans la mesure où il module les relations familiales après la séparation, le mode de garde semble être une variable centrale. Pour y voir plus clair, nous nous sommes intéressées à la période de la post-adoles-cence, qui voit le développement du second processus de séparation-individuation (Blos, 1967). Nous avons rencontré 29 jeunes femmes de 18 à 23 ans et analysé, par une série d’outils cliniques, la manière dont chaque (...) mode de garde a pu moduler l’individuation de ces sujets par rapport à leur famille. Chacun d’entre eux semble bien avoir un effet différent sur les dynamiques d’emprise et de dégagement propres à la post-adolescence, ainsi que sur la qualité des relations de l’enfant à son père et sa mère. (shrink)

Based on interviews with 104 women and men, this article argues that marriage constrains while divorce liberates men and women to develop relationships, but they do so in different ways with different consequences for each. The separated and divorced women were better than the men or themselves while married at building and maintaining old, and intimate, relationships. In this sense, separation and divorce proved generous; marriage, greedy. However, because of the structure of their lives and the opportunities available (...) to them, separated and divorced women were not so good at developing new and casual ties. It was the structure of the men's lives that provided access to “instant networks.” Developed to alleviate loneliness, these groups provided a place in the wider community that men did not seek while married. (shrink)

This study reviews several empirical researches which highlight the effect of post-divorce parental conflict as one of the most important factors on adolescents’ delinquency in divorced families. Research consistently shows that parental conflict affects parental relationship and this poor parental quality may transfer into poor parent-child relationship that may negatively influence adolescent functions and behaviors. Research showed that adolescents who are exposed to post-divorce parental conflict are at increased risk for high level of delinquency. Positive associations between parental (...) conflict and adolescent delinquency have been accounted for by parental rejection or withdrawal, parental hostility toward adolescents, lack of parental warmth, and corporal punishment and parent-adolescent conflict. (shrink)

This article examines the cross-national relationship between a divorce culture on a national level and gender equality in intact marriages. Based on multilevel analysis of data from 22 countries in the International Social Survey Programme, the results indicate that a divorce culture on the national level is associated with greater marital equality. In other words, in countries where divorce is accepted and practiced, the distribution of work between women and men in marriage is more equal. These findings (...) support the enhanced equality hypothesis that the possibility of divorce provides women with leverage to gain more equal status within marriage. (shrink)

This paper asks three inter-related questions, proceeding chronologically through a divorcee’s experience: is it responsible and rational to make an unconditional marital vow in the first place? does divorce break that unconditional marital vow? And the main question: can the divorcee make a second unconditional marital vow in all moral seriousness? To the last question I answer yes. I argue that the divorce process is so disorienting – to use Amy Harbin’s term – as to transform the divorcee (...) and therefore partly release her from the original vow. Arguing this will require a specific understanding of personal identity and change. (shrink)

Is divorce reasonable, given that marital promises are often apparently unqualified? I explain a variety of ways in which one can take promises seriously and recognize the value of genuinely unqualified love in marriage while recognizing that it may be reasonable in particular cases to treat marital promises as non-binding.

Divorce is not only a personal choice, but also a sign of the lack of confidence in the institution of marriage. The issue of divorce raises questions that are sociological, theological, experiential, philosophical and political. This article traces the arguments with particular reference to the situation in Taiwan where women have no right to initiate divorce. It surveys the biblical and theological arguments, locating issues of divorce in the area of gender justice within patriarchal systems. Marriage, (...) as well as divorce, is complex. To impose a monolithic definition of divorce is to fail to recognize the diversity of marital conflict and breakdown, generally to the advantage of a patriarchal society. This was as true of Hebrew society as it is of modern Taiwan, with its history of political struggle. The article concludes by challenging the Taiwanese churches to provide insights for people in their relationships with one another and with God. (shrink)

This paper focuses on the benefits of discussing moral issues concerning the domestic realm in an introductory ethics course, especially moral issues surrounding divorce. The subject of divorce in introductory courses can illustrate to students significant dimensions in ethical theory and also serves as a useful pedagogical tool to bridge the gap between abstract ethical theories and students’ daily lives. Divorce is a common experience that allows students to personally engage with ethical questions that often have often (...) immediate relevance to their personal morality. (shrink)

Le divorce entre théologie dogmatique et théologie spirituelle depuis le Bas Moyen Âge a été fréquemment dénoncé. Il a souvent été associé à la décadence de la théologie scolastique qui se serait éloignée de ses sources bibliques et aurait privilégié une technicité dialectique, finissant par tourner à vide. Le succès du nominalisme a été également invoqué comme cause à cet état de fait. On suggère ici une nouvelle hypothèse explicative: le Moyen Âge tardif voit l’avènement d’une nouvelle conception de (...) la volonté, non plus liée organiquement au jugement de l’intellect pratique mais conçue comme une instance auto-déterminante autonome par rapport à l’intellect. Les affects, l’influence d’autres volontés deviennent alors des instances importantes de la décision par laquelle la volonté opte pour Dieu. (shrink)