This article offers a critical view of the process of material constitutionalization of the European citizenship, through an analysis of the transformations of its outer borders in the phase of enlargement. The repositioning and deterritorialization of the inner and outer borders of the EU lead to a decomposition of its judiciary space, which illustrates the way in which borders have become an instrument of governance of Europe’s postcolonial condition. The analysis focuses on the recent legislative transformations introduced in Poland, Romania (...) and Bulgaria in order to adapt their national judicial systems to EU common rules. (shrink)

The article considers the changes that have affected European border regimes of migration control as a testcase for discussing arbitrariness. The argument highlights the limited capacity of notions of arbitrariness defined as a departure from the rule of law to capture the ongoing conflict at the borders of Europe and brings, instead, to the foreground the ambivalent meaning of arbitrariness. By comparing Santi Romano’s classical theory of legal pluralism with recent analyses of legal globalization processes, arbitrariness emerges either as an (...) authoritative attempt to impose a different order on society or as a means to contrast acts of resistance to border regimes. In both cases, arbitrariness forcefully blurs the limits between the ordered and unordered, indicating the paradoxical impossibility of excluding the law’s outside from the legal order. On these premises, the article advocates the importance of reframing the demand for open borders as a call for freedom of those who challenge the pragmatic order of migration regimes. Indeed, arbitrariness is necessarily limited when the legal order recognizes, to an extent, the agency and the claims of subjectivities that resist the dichotomy between inclusion and exclusion. Keywords: migration, arbitrariness, borders, legal order. (shrink)

After reviewing current opinions about the social function of literature in second-century BCE Rome, I focus on two controversial fragments assigned to Cato the Censor's Origines. In the first, Cato portrays the ancestors in a convivial setting as they sing the praises and the manly deeds of famous men; in the second, he gestures towards the pontifex maximus' specialized use of writing and the functioning of the tabula as a locus of memory. By drawing on the field of performance studies, (...) I identify the performative features inherent in both of these fragments and map out how these features inform the positioning of Cato in relation to the identity politics of his time, professionalism, and writing. The aim of this study is to return the Origines to its immediate socio-cultural purview, but working towards this aim will also entail a shift in perspective and a reassessment of our notions of “poetry” and “prose.” In fact, by stressing the performance dimension that underlies the genesis of the Origines as a text, this article will also expose the shortcomings inherent in the hyper-literary approaches that have been so far adopted. (shrink)

This landmark handbook collects in a single volume the current state of cutting-edge research on the capability approach. It includes a comprehensive introduction to the approach as well as new research from leading scholars in this increasingly influential multi-disciplinary field, including the pioneers of capability research, Martha C. Nussbaum and Amartya Sen. Incorporating both approachable introductory chapters and more in-depth analysis relating to the central philosophical, conceptual and theoretical issues of capability research, this handbook also includes analytical and measurement tools, (...) as well as policy approaches which have emerged in the recent literature. The handbook will be an invaluable resource for students approaching the capability approach for the first time as well as for researchers engaged in advanced research in a wide range of disciplines, including development studies, economics, gender studies, political science and political philosophy. (shrink)

Heraklits Denken und seine philosophischen Positionen haben einen ungeheuren Einfluss im Altertum, in der Neuzeit und bis in die Moderne hinein ausgeübt. Die Beiträge dieses Bandes machen die kulturellen Bedingungen sichtbar, unter denen dieses Denken entstanden ist, und helfen, sowohl den,Dunklen' selbst, wie er seit der Antike genannt wurde, als auch seine Wirkung systematisch besser zu verstehen. Alle Beiträge gehen auf eine internationale Konferenz zurück, die im Oktober 2013 ausgewiesene Spezialisten zu einem umfassenden Dialog in Ephesos zusammenführte. Im Zusammenwirken verschiedener (...) Disziplinen ließ sich Heraklits Ort in der Philosophie- und Geistesgeschichte genauer bestimmen, als das in den bisher vorwiegend auf philosophiehistorisch-philologische Aspekte fokussierten Darstellungen geschehen ist. Das Alleinstellungsmerkmal der Konferenz in ihrer Orientierung am genius loci und auch die damit einhergehende Einbeziehung historischer und archäologischer Fragestellungen bedeutet etwas Neues für die Heraklit-Forschung: Das Aufzeigen der Verbindungen zwischen der naturräumlichen Situation in Ephesos zur Zeit Heraklits, dem Verhältnis des Denkers zu seiner Stadt sowie der Rolle seiner Reflexion auf die Bedingungen menschlicher Erkenntnis und ihrer Vermittlung. (shrink)

this essay analyzes Vladimir Jankélévitch’s work on death pointing out, in the vast thought of the twentieth century, its original and sharply problematic contribution. if death is generally seen as the perimeter that provides life with sense and autenticity (Heidegger, Lévinas), or more traditionally as the threshold that leads to a salvific other world, Jankélévitch first of all dismantles any reassuring strategy and underlines the elusiveness of death itself, its constituting a “totally other order” that escapes every human category. As (...) a consequence, if on the one hand the philosopher shows how every life has an “own death” that makes every life totally unique, on the other hand he highlights how the elusiveness of death delivers life, any life, to an unavoidable impropriety, which breaks through its individual and personal dimension. (shrink)

The aim of my paper is to call attention to Dionysius’s kataphatic theology and, in particular, to an aspect which is not commonly discussed: the dissimilarimages applied to God. More precisely, I will focus on the image of the worm, which Dionysius considers the vilest and most dissimilar image applied to the divineThearchy. I will try to show that the worm, with its multiple and contradictory attributes, is indeed the best example for Dionysius’s “absurd theology” of the dissimilar images, since (...) it perfectly fits the complex and paradoxical Dionysian view of the relationship/non-relationship between God and the world. (shrink)

The aim of my paper is to call attention to Dionysius’s kataphatic theology and, in particular, to an aspect which is not commonly discussed: the dissimilarimages applied to God. More precisely, I will focus on the image of the worm, which Dionysius considers the vilest and most dissimilar image applied to the divineThearchy. I will try to show that the worm, with its multiple and contradictory attributes, is indeed the best example for Dionysius’s “absurd theology” of the dissimilar images, since (...) it perfectly fits the complex and paradoxical Dionysian view of the relationship/non-relationship between God and the world. (shrink)

The author discusses the social influences that gave rise to the presumption in favor of children's participation in research and emphasizes the need for an ethical framework to guide decision-making in this context. Specifically, the author proposes a framework of child-centered bioethics that integrates the core bioethics principles of beneficence and autonomy with an assessment of children's needs and interests. Finally, the author articulates recommendations regarding mature minors and institutional review boards consistent with this framework in order to resolve the (...) difficult ethical issues posed by including children of all ages in clinical drug trials. (shrink)

_A groundbreaking examination of a central question in international relations: Do states act rationally?_ To understand world politics, you need to understand how states think. Are states rational? Much of international relations theory assumes that they are. But many scholars believe that political leaders rarely act rationally. The issue is crucial for both the study and practice of international politics, for only if states are rational can scholars and policymakers understand and predict their behavior. John J. Mearsheimer and Sebastian (...) class='Hi'>Rosato argue that rational decisions in international politics rest on credible theories about how the world works and emerge from deliberative decision‑making processes. Using these criteria, they conclude that most states are rational most of the time, even if they are not always successful. Mearsheimer and Rosato make the case for their position, examining whether past and present world leaders, including George W. Bush and Vladimir Putin, have acted rationally in the context of momentous historical events, including both world wars, the Cold War, and the post–Cold War era. By examining this fundamental concept in a novel and comprehensive manner, Mearsheimer and Rosato show how leaders think, and how to make policy for dealing with other states. (shrink)

This paper reports on an experimental test of the Principle of Optimality in dynamic decision problems. This Principle, which states that the decision-maker should always choose the optimal decision at each stage of the decision problem, conditional on behaving optimally thereafter, underlies many theories of optimal dynamic decision making, but is normally difficult to test empirically without knowledge of the decision-maker's preference function. In the experiment reported here we use a new experimental procedure to get round this difficulty, which also (...) enables us to shed some light on the decision process that the decision-maker is using if he or she is not using the Principle of Optimality - which appears to be the case in our experiments. (shrink)

Experiments on intertemporal consumption typically show that people have difficulties in optimally solving such problems. Previous studies have focused on contexts in which agents are faced with risky future incomes and have to plan over long horizons. We present an experiment comparing decision making under certainty, risk, and ambiguity, over a shorter lifecycle. Results show that behavior in the ambiguity treatment is markedly different than in the risk condition and it is characterized by a significant pattern of under-consumption.

This paper focuses on the comparison of individual and group decision-making, in a stochastic inter-temporal problem in two decision environments, namely risk and ambiguity. Using a consumption/saving laboratory experiment, we investigate behaviour in four treatments: individual choice under risk; group choice under risk; individual choice under ambiguity and group choice under ambiguity. Comparing decisions within and between decision environments, we find an anti-symmetric pattern. While individuals are choosing on average closer to the theoretical optimal predictions, compared to groups in the (...) risk treatments, groups tend to deviate less under ambiguity. Within decision environments, individuals deviate more when they choose under ambiguity, while groups are better planners under ambiguity rather than under risk. Our results extend the often observed pattern of individuals behaving more optimally under risk, to its dynamic dimension. (shrink)

When imposing traffic congestion pricing around downtown commercial centers, there is a concern that commercial activities will have to consider relocating due to reduced demand, at a cost to merchants. Concerns like these were important in the debates before the introductions of congestion charges in both London and Stockholm and influenced the final policy design choices. This study introduces a sequential experimental game to study reactions to congestion pricing in the commercial sector. In the game, merchants first make location choices. (...) Consumers, who drive to do their shopping, subsequently choose where to shop. Initial responses to the introduction of congestion pricing and equilibrium selection adjustments over time are observed. These observations are compared to responses and adjustments in a condition where congestion pricing is reduced from an initially high level. Payoffs are non-linear and non-transparent, making it less than obvious that the efficient equilibrium will be selected, and introducing possibilities that participants need to discover their preferences and anchor on past experiences. We find that initial responses reflect standard inverse price–demand relations, and that adjustments over time rely on signaling by consumers leading to the efficient equilibrium. There is also evidence that priming from initial experiences influence play somewhat. We confirm that commercial activities relocate following the introduction of congestion pricing and that the adjustment process is costly to merchants. (shrink)

The objective of this article is to test a prediction of the quasi-hyperbolic model. The test is innovative in that it uses an experimental implementation in which there are two treatments: a forward market and a spot market. In each of these markets goods and activities are sold. The good and activities sold are investment goods or activities and temptation goods or activities. The prediction of the quasi-hyperbolic model is that in the spot (forward) market participants will buy more temptation (...) (investment) goods and activities than in the forward market and less investment (temptation) good and activities. This prediction is not confirmed by the data, and hence is at odds with previous experiments which have shown support for the hyperbolic model. We speculate on the reasons for this. (shrink)

In higher eukaryotes, circadian behaviour patterns have been dissected at the molecular level in Drosophila and, more recently, in the mouse. Considerable progress has been made in identifying some of the molecular components of the clock in the fly, where two genes, period (per) and timeless (tim), are essential for behavioural rhythmicity. The PER and TIM proteins show circadian cycles in abundance, and are part of a negative feedback loop with their own mRNAs. Within the pacemaker neurons, the PER and (...) TIM products are believed to form a complex which allows them to translocate to the nucleus, but how they repress their own transcription is unclear. TIM is rapidly degraded by light, a feature which permits a compelling molecular description of both behavioural light entrainment and phase responses to light pulses. The regulation of per and tim is altered in different Drosophila tissues, however, and comparative analyses of the two genes outside the Diptera reveals further unusual patterns of tissue‐specific regulation. Evolution appears to have modified the way in which the two genes are utilised to generate circadian phenotypes. More recently, the cloning of mouse clock genes, including putative per homologues, opens up exciting possibilities for mammalian molecular chronobiology. (shrink)

Much due criticism has been directed at Levinas's images of the feminine and “the Woman” in Time and the Other and Totality and Infinity, but less attention has been paid to the metaphor of maternity and the maternal body that Levinas employs in Otherwise Than Being. This metaphor should be of interest, however, because here we find an instance in which Levinas uses a female image without in any way seeming to exclude women from full ethical selfhood.In the first three (...) sections of this paper I explain how maternity functions in Otherwise Than Being. I argue that maternity is used as an image of the vulnerability or passive sensibility that characterizes the relation with the Other, as well as a metaphor for Levinas's account of ethical responsibility as substitution. In the final section of the paper, I defend the claim that Levinas's maternal metaphors are not disparaging to real, empirical women. I also discuss a remaining worry that feminists may have about the metaphor: namely, that it characterizes pregnancy and motherhood in ways that challenge some pro-choice assumptions. (shrink)

In higher eukaryotes, circadian behaviour patterns have been dissected at the molecular level in Drosophila and, more recently, in the mouse. Considerable progress has been made in identifying some of the molecular components of the clock in the fly, where two genes, period (per) and timeless (tim), are essential for behavioural rhythmicity. The PER and TIM proteins show circadian cycles in abundance, and are part of a negative feedback loop with their own mRNAs. Within the pacemaker neurons, the PER and (...) TIM products are believed to form a complex which allows them to translocate to the nucleus, but how they repress their own transcription is unclear. TIM is rapidly degraded by light, a feature which permits a compelling molecular description of both behavioural light entrainment and phase responses to light pulses. The regulation of per and tim is altered in different Drosophila tissues, however, and comparative analyses of the two genes outside the Diptera reveals further unusual patterns of tissue‐specific regulation. Evolution appears to have modified the way in which the two genes are utilised to generate circadian phenotypes. More recently, the cloning of mouse clock genes, including putative per homologues, opens up exciting possibilities for mammalian molecular chronobiology. (shrink)

Until a few years ago, the prevailing view was that children should not be participants in clinical research trials because children were incapable of consenting to such nontherapeutic interventions and are particularly vulnerable to abuse. That view has undergone a significant shift in the last few years, particularly in the context of trials to test the safety and effectiveness of drugs. A number of events facilitated this change, including the widespread off-label distribution of drugs to children and developments in the (...) AIDS epidemic. These social forces have shifted the core ethical question from whether children should be research subjects to when children should be research subjects.The presumption in favor of including children as research subjects for drug trials has manifested itself primarily through two different reforms: a 1997 federal statute and a set of regulations promulgated by the Food and Drug Administration that recently became effective. Together they reflect the view that children deserve the same access to safe and effective therapies as adults. (shrink)

Anselm’s Cur Deus homo [CDH hereafter] covers a number of topics related to the doctrine of redemption, but its main contribution to that doctrine is its account of how Christ’s death makes satisfaction for human sin. Anselm’s concept of satisfaction is correlated with his understanding of sin. According to Anselm, sin incurs a debt that one pays by making satisfaction. Anselm’s satisfaction theory of the Atonement came to dominate soteriology in the scholastic period. Despite numerous quotations from and references to (...) CDH among thirteenth- and fourteenth-century authors, we find that scholastics differ in how they interpret Anselm’s teaching on Christ’s satisfaction. This study will contribute to our .. (shrink)