In this paper, I apply Michel Foucault’s analysis of normalization to the 2006 announcement by the US and European Endocrinological Societies that variations on the term “hermaphrodite” and “intersex” would be replaced by the term, “Disorders of Sex Development” or DSD. I argue that the change should be understood as normalizing in a positive sense; rather than fighting for the demedicalization of conditions that have significant consequences for individuals’ health, this change can promote the transformation of the conceptualization of (...) intersex conditions from “disorders like no other” to “disorders like many others.” Understood in these terms, I conclude, medical attention to those with atypical anatomies should be recast from a preoccupation with “normal appearance” to the concern with human flourishing that is the proper object of medical attention. (shrink)

The Spanish Federal Council of the European Movement (SFCEM), founded as a Spanish organization to favour the integration of Spain in Europe, was composed of representatives of various political organizations of the Republican government in exile. Correspondence between the President, Salvador de Madariaga, and the members of the Basque and Catalonian delegations discloses one of the most critical issues of the time: how to organize the Spanish regions after the fall of Franco’s regime. This article explores how the ideas (...) of a Spanish federation – defended by Madariaga – and the interest of the nationalist groups collided during the decades of 1950s and 1960s. The result was a harsh debate on separatism between the Basques and Catalans, who saw Franco’s Spain as the representation of centralism and repression of their identities, and other Spanish exiles. (shrink)

Crisis can obscure and confuse. The past decade’s tribulations of the European Union and its structures of governance have left theorists grappling to comprehend the precise terms of Europe’s polit...

Purpose This study advances a reconceptualization of data and information which overcomes normative understandings often contained in data policies at national and international levels. This study aims to propose a conceptual framework that moves beyond subject- and collective-centric normative understandings. Design/methodology/approach To do so, this study discusses the European Union (EU) and China’s approaches to data-driven technologies highlighting their similarities and differences when it comes to the vision underpinning how tech innovation is shaped. Findings Regardless of the different attention (...) to the subject (the EU) and the collective (China), the normative understandings of technology by both actors remain trapped into a positivist approach that overlooks all that is not and cannot be turned into data, thus hindering the elaboration of a more holistic ecological thinking merging humans and technologies. Originality/value Revising the philosophical and political debate on data and data-driven technologies, a third way is elaborated, i.e. federated data as commons. This third way puts the subject as part by default of a collective at the centre of discussion. This framing can serve as the basis for elaborating sociotechnical alternatives when it comes to define and regulate the mash-up of humans and technology. (shrink)

After the full-scale invasion of the Russian Federation into Ukraine, the flow of forced migration from Ukraine has significantly increased as people tried to protect their lives and find a safe place to live. Given that Ukraine shares the external border with the European Union, most people sought protection precisely in the Member States of the European Union. The study aims to analyze the features of the legal regulation of the provision of temporary protection in the (...) class='Hi'>European Union and determine the reasons and conditions that led to its activation after the full-scale invasion of the Russian Federation into Ukraine on February 24, 2022. The leading method of the research was the method of systematic analysis, which helped define temporary protection as a multifaceted phenomenon and determine the reasons and conditions that led to its activation in the European Union after the full-scale invasion of the Russian Federation into Ukraine on February 24, 2022. In order to regulate the mass influx of Ukrainian displaced persons, the European Union has activated the mechanisms of temporary protection, which is an emergency mechanism introduced by a decision of the Council of the European Union. The status of a person with temporary protection provides certain rights analyzed in the article. Thus, the activation by the European Union of the Temporary Protection Directive is a justified and appropriate measure to protect the mass influx of displaced persons from Ukraine. (shrink)

This chapter contains section titled: Introduction:the European Union and the Law of Peoples The Argument of Law of Peoples Standards and Grounds for International Stability Human Rights in Federations The Argument of Law of Peoples for Inter‐people Inequality Distributive Justice in Federations Federal and Global Implications Toleration and Stability Reconsidered Acknowledgments Notes.

Federal political orders often exhibit a conflict between the ideals of equality and political autonomy, since individuals in different subunits often enjoy systematically different standards of living conditions. While federal arrangements may be theoretically attractive to avoid despotism, such federal inequality would appear to conflict with the principles of egalitarian cosmopolitanism. The paper argues that individuals' interest in equal shares of income and wealth may legitimately be weighed against their interest in political control enjoyed by their subunit, as long as (...) the inequalities do not engender misery, domination, or unfair procedures. The reasons for subunit autonomy include reducing the risk of domination, increasing the responsiveness to local preferences, and reducing the burdens of decision making. These arguments also suggest that states may not always be the appropriate subunits in legitimate federal orders. (shrink)

Federal political orders often exhibit a conflict between the ideals of equality and political autonomy, since individuals in different subunits often enjoy systematically different standards of living conditions. While federal arrangements may be theoretically attractive to avoid despotism, such federal inequality would appear to conflict with the principles of egalitarian cosmopolitanism. The paper argues that individuals' interest in equal shares of income and wealth may legitimately be weighed against their interest in political control enjoyed by their subunit, as long as (...) the inequalities do not engender misery, domination, or unfair procedures. The reasons for subunit autonomy include reducing the risk of domination, increasing the responsiveness to local preferences, and reducing the burdens of decision making. These arguments also suggest that states may not always be the appropriate subunits in legitimate federal orders. (shrink)

In various official documents, the European Union has declared its goal to pursue a citizen-centric governance of digital transformation. Through a critical review of several of these documents, here we show how “citizen-centric” is more a glamouring than a driving concept. De facto, the EU is enabling a federated data system that is corporate-driven, economic-oriented, and GDPR-compliant; in other words, a Digital Single Market (DSM). This leaves out societal and collective-level dimensions of digital transformation—such as social inclusion, digital sovereignty, (...) and environmental sustainability—which are acknowledged, but not operationalized, by the EU as pillars of a citizen-centric governance. Hence, the door is open to a complementary approach to the governance of digital transformation. We argue that, while a federated data model can constitute the tech-legal backbone of the emerging DSM, a commoning of data, as an ecosystemic approach that maintains a societal and collective outlook by default, can represent a complement to enact a truly citizen-centric governance. (shrink)

SummaryThis paper deals with the less researched issue of regional federation projects in East-Central Europe from the period 1848 to 1918. Based on exhaustive research, primarily using original sources—works of the intellectuals who designed these projects—the paper examines the reasons why these federation projects were written, their historical-political context, and why these plans had to fail at their time. Similarities and differences of ideas in these projects are also presented. The intention is not to give a simple presentation (...) of a series of historical facts, but to present some early ideas focused on regional integration, which, in turn, could also provide inspiration in the present. (shrink)

European citizenship is a nested membership in a multilevel polity that operates at member state and union levels. A normative theory of supranational citizenship will necessarily be informed by the EU as the only present case and will be addressed to the EU in most of its prescriptions, but should still develop a model sufficiently general to potentially apply to other regional unions as well. The Article first describes three basic characteristics of such a polity — democratic representation at (...) the supranational level, internal freedom of movement between member states, and regional limits to external geographic expansion — and argues that a multiplication of such regional unions would contribute to a more just and peaceful international order. Building on this modification of Kant’s model for a global confederation of republics, the contribution explores three alternative approaches for strengthening democratic citizenship in the European Union: a statist approach that aims at transforming the EU into a federal state, a unionist approach whose goal is to strengthen union citizenship vis-a`-vis member state nationality, and a pluralist one that specifies citizenship norms for each level and balances them with each other on the basis of the current state of federal integration. These approaches are then compared with regard to their implications for three policy questions: general status differences and inequality of rights amongst EU citizens living in their country of nationality, EU citizens residing in other member states, third-country nationals, and EU citizens residing outside the territory of the Union; voting rights in European, national, and local elections; and access to Union citizenship and to member state nationality. (shrink)

Should the EU be a federal union or an intergovernmental forum? Recently, demoicrats have been arguing that there exists a third alternative. The EU should be conceived as a demoicracy, namely a ‘Union of peoples who govern together, but not as one’. The demoi of Europe recognise that they affect one another’s democratic health, and hence establish a union to guarantee their freedom qua demoi – which most demoicrats cash out as non-domination. This is more than intergovernmentalism, because the demoi (...) govern together on these matters. However, if the union aims at protecting the freedom of the different European demoi, it cannot do so by replacing them with a ‘superdemos’, as federalists want. This paper argues that demoicracy does possess distinctive normative features; it claims, however, that an institutional choice between intergovernmentalism and federalism is necessary. Depending on how we interpret what the non-domination of demoi requires, demoicracy will either ground a specific way of practicing intergovernmentalism or a specific form of federalism. It cannot, however, ground an institutional model which is genuinely alternative to both. (shrink)

When, on December 7, 2000, the European Parliament, the Council and the Commission proclaimed solemnly in Nice the Charter of Fundamental Rights of the European Union, many thought that European integration was practically guaranteed and that the Charter would soon be made into a binding legal text. Since then, the two attempts to enact a European consitution – the Constitutional Treaty for the European Union of 2004 and the arguably less ambitious Treaty of Lisbon of (...) 2007 – both failed. Further efforts at unification have stagnated, in part due to the 2008 economic crisis and the European Union’s inability to coordinate responses to issues as serious as immigration, the refugee crisis, and terrorism. In this paper, I examine a theoretical counterpoint to that bleak perspective for European unification, to wit, Jürgen Habermas’ eurofederalist proposal of the postnational democracy and European constitutional patriotism. (shrink)

ABSTRACT This article discusses recent scholarly endeavours to rethink form and principles of Rousseau's political theory. Michael Sonenscher's Jean-Jacques Rousseau: The Division of Labour, the Politics of the Imagination and the Concept of Federal Government is in the limelight of the analysis. Following a brief introduction into the general debate on Rousseau's political thought, the article reconstructs Sonenscher's argument that Rousseau was essentially a theorist of a federal government system. While Sonenscher achieves what earlier interpretations have failed to accomplish, that (...) is, to give Rousseau's state a form, the discussion underscores that he leaves open the question how this federal government system is supposed to function. The article concludes that Rousseau's fragmentary ideas on constitutional government can provide an answer to this question, as they shed light on the framework that allowed him to combine will (the sovereign people) and force (the government) in the political organization of a democratic state. (shrink)

This article appeared originally in L'EUROPE en formation, No. 238, Juillet-Aout 1980 and is here reprinted with the permission of the author and editor. Presses d'Europe, Paris.

When, on December 7, 2000, the European Parliament, the Council and the Commission proclaimed solemnly in Nice the Charter of Fundamental Rights of the European Union, many thought that European integration was practically guaranteed and that the Charter would soon be made into a binding legal text. Since then, the two attempts to enact a European consitution - the Constitutional Treaty for the European Union of 2004 and the arguably less ambitious Treaty of Lisbon of (...) 2007 - both failed. Further efforts at unification have stagnated, in part due to the 2008 economic crisis and the European Union’s inability to coordinate responses to issues as serious as immigration, the refugee crisis, and terrorism. In this paper, I examine a theoretical counterpoint to that bleak perspective for European unification, to wit, Jürgen Habermas’ eurofederalist proposal of the postnational democracy and European constitutional patriotism. (shrink)

Questions of political identity and citizenship, raised by thecreation of the `new Europe', pose new questions that politicaltheorists need to consider. Reflection upon the circumstances ofthe new Europe could help them in their task of delineatingconceptual structures and investigating the character ofpolitical argument.Does it make sense to use concepts as `citizenship' and`identity' beyond the borders of the nation-state? What does itmean when we speak about `European Citizenship' and `EuropeanIdentity'?It is argued that the pluralism that has led theorists tooffer a (...) conception of citizenship based upon principles of right,rather that the common good, applies even more strongly at thelevel of the European political order. Developing a contractariantheory of federation, an account of the basis of a Europeancitizenship will be offered in which federalism emerges out of anoverlapping consensus of European citizens on the terms of theirpolitical association.`European Citizenship' and `European Identity' are discussedin the context of the so-called `European Union', and not in thewider context of Europe `as a whole', or for that matter on aneven broader `cosmopolitan' scale. However, the gist of the articleis that arguments for concepts of `citizenship' and `identity'that go beyond borders of nation-states and that are applied tothe `European Union', could have implications for an even widerapplication.Finally, and in conclusion, the (empirical) context will beelaborated in which the normative concept of shared liberalcitizenship identity should be realized on a pan-national,European level. (shrink)

Governing Europe is the first book to systematically link Michel Foucault's hypotheses on power and 'governmentality' with the study of European integration. Through a series of empirical encounters that spans the fifty-year history of European integration, it explores both the diverse political dreams that have framed means and ends of integration and the political technologies that have made 'Europe' a calculable, administrable domain. The book illustrates how a genealogy of European integration differs from conventional approaches. By suspending (...) the assumption that we already know what/where Europe is, it opens a space for analysis where we can ask: how did Europe come to be governed as this and not that? The themes covered by this book include: * the different constructions of Europe within discourses of modernization, democratization, insecurity and 'governance' * the imprint of modernism, liberalism, ordoliberalism, neoliberalism and crime on the identity of the European Community/European Union * the historical relationship between European government and specific technologies of power, technologies as diverse as planning, price control, transparency and benchmarking. (shrink)

Questions of political identity and citizenship, raised by the creation of the `new Europe', pose new questions that political theorists need to consider. Reflection upon the circumstances of the new Europe could help them in their task of delineating conceptual structures and investigating the character of political argument.Does it make sense to use concepts as `citizenship' and `identity' beyond the borders of the nation-state? What does it mean when we speak about `European Citizenship' and `European Identity'? It is (...) argued that the pluralism that has led theorists to offer a conception of citizenship based upon principles of right, rather that the common good, applies even more strongly at the level of the European political order. Developing a contractarian theory of federation, an account of the basis of a European citizenship will be offered in which federalism emerges out of an overlapping consensus of European citizens on the terms of their political association. `European Citizenship' and `European Identity' are discussed in the context of the so-called `European Union', and not in the wider context of Europe `as a whole', or for that matter on an even broader `cosmopolitan' scale. However, the gist of the article is that arguments for concepts of `citizenship' and `identity' that go beyond borders of nation-states and that are applied to the `European Union', could have implications for an even wider application.Finally, and in conclusion, the context will be elaborated in which the normative concept of shared liberal citizenship identity should be realized on a pan-national, European level. (shrink)

This paper is dedicated to a problem of power of European nation state during the process of shaping the postindustrial civilization. The author points that the nation state is a relic of an industrial era. Globalization is a real fear for relatively small European states. So, integration is a necessity. But the integration does not mean the centralization of rules. Today we can see a comeback to preindustrial political paradigmatics: decentralization and deconcentration of authorities. The future of Europe (...) is in three-level system that has been built by supranational institutions, e.g. EU, decentralized states (federations and regionalized states) and regional (quasi-states) and local community. But the European Union will not become a federation. It would be a conservation of industrial models. The Europeans must rather think of a new formula of integration. Neo-medieval empire is an adequate to changes’ direction proposal. The author also notices that we are the observers of essential change of identity. The national identity has been relativized by globalization and uniformitarian character of American cultureas well as by aspiration of regional and ethnic groups. European national identity and consensuses could be rather a supplement than an alternative for today’s national identification. (shrink)

Environmental Education is broadly discussed in the Federal Republic of Germany. The different conceptions may be classified as the cognitive, the emotive, the cognitive-experiential and the system-critical model. In the article, the role of institutions in the educational system, dealing with EE, is described. Current activities in empirical research work and some findings on EE in German schools are reported.

Crisis can obscure and confuse. The past decade’s tribulations of the European Union and its structures of governance have left theorists grappling to comprehend the precise terms of Europe’s polit...

The moral and political philosophy of Wilhelm Röpke is among the finest instances of European classical liberalism in the twentieth century, and in many occasions he stated that only a society which understands the importance of markets can be reconciled with human dignity. Röpke elaborated a political theory that focused on the harmony between moral principles and economic law. In this sense, his liberalism is unique not only because it defends private property and competition as pillars of a thriving (...) economy, but above all that it provides the preconditions of a society that can remain secure from the immorality of despotism and subsequent ethical degeneration. To that end he upheld an economic order based on voluntary cooperation as the basis for a more humane society, emphasizing the role of institutional competition and federalism. Röpke’s cultural conservatism should not therefore be misunderstood, as it is very much connected with his defense of the essential role of property. It is only in this sense that he found in liberal humanism a third way, which is not however situated halfway between the market and socialism, but which represents instead a defense of a competitive society that is aware of its own historical and cultural basis. (shrink)

There exists a standard view of Kant’s position on global order and this view informs much of current Kantian political theory. This standard view is that Kant advocates a voluntary league of states and rejects the ideal of a federative state of states as dangerous, unrealistic, and conceptually incoherent. This standard interpretation is usually thought to fall victim to three equally standard objections. In this essay, I argue that the standard interpretation is mistaken and that the three standard objections miss (...) their target. Kant does advocate the establishment of a non-coercive league of states, at least in his mature political writings (such as Perpetual Peace and the Metaphysics of Morals), but he does so for different reasons than is usually thought and without rejecting the ideal that a world federation of states eventually be realized. I end by indicating how Kant’s revised view can be made productive for present-day philosophical purposes. (shrink)

The prevalence and negative impact of brain disorders are increasing. Clinical Neuropsychology is a specialty dedicated to understanding brain-behavior relationships, applying such knowledge to the assessment of cognitive, affective, and behavioral functioning associated with brain disorders, and designing and implementing effective treatments. The need for services goes beyond neurological diseases and has increased in areas of neurodevelopmental and psychiatric conditions, among others. In Europe, a great deal of variability exists in the education and training of Clinical Neuropsychologists. Training models include (...) master’s programs, continuing education courses, doctoral programs, and/or post-doctoral specialization depending on the country, with no common framework of requirements, although patients’ needs demand equal competencies across Europe. In the past five years, the Standing Committee on Clinical Neuropsychology of the European Federation of Psychologists’ Association has conducted a series of surveys and interviews with experts in the field representing 30 European countries. The information, along with information from the existing literature, is used in presenting an overview of current and relevant topics related to policy and guidelines in the training and competencies in Clinical Neuropsychology. An option for the way forward is the EuroPsy Specialist Certificate which is currently offered in Work- and Organizational psychology and Psychotherapy. It builds upon the Basic Certificate and complements national standards without overriding them. General principles can be found that can set the basis for a common, solid, and comprehensive specialty education/training, sharpening the Neuropsychologists’ competencies across Europe. The requirements in Clinical Neuropsychology should be comparable to those for the existing specialty areas in the EuroPsy model. Despite the perceived challenges, developing a Specialist Certificate appears a step forward for the development of Clinical Neuropsychology. Recommendations are proposed towards a shared framework of competencies by the means of a common level of education/training for the professionals in Europe. Benchmarking training standards and competencies across Europe has the potential of providing protection against unqualified and ethically questionable practice, creating transparency, raising the general European standard, and promoting mobility of both Clinical Neuropsychologists and patients in Europe, for the benefit of the professional field and the population. (shrink)

The invention of the laser in 1960 and the innovation process of laser technology during the following years coincided with the dramatic increase of the East-West-conflict during the 1960s – the peak of the so-called Cold War after the erection of the Berlin Wall in 1961. The predictable features of the new device, not only for experimental sciences, but also for technical and military applications, led instantly to a laser hype all over the world. Military funding and research played a (...) major part in this development. Especially in the United States military laser research and development played an important role in the formation of Cold War sciences. The European allies followed this example to a certain degree, but their specific national environments led to quite different solutions and results. This article describes and analyzes the special features and background of this development for the Federal Republic of Germany in the area of conflict between science, politics and industry from 1960 to the early 1970s. (shrink)

A main identifying factor of professions is professionals' willingness to comply with ethical and professional standards, often defined in a code of ethics and conduct. In a period of intense nursing mobility, if the public are aware that health professionals have committed themselves to the drawing up of a code of ethics and conduct, they will have more trust in the health professional they choose, especially if this person comes from another European Member State. The Code of Ethics and (...) Conduct for European Nursing is a programmatic document for the nursing profession constructed by the FEPI (European Federation of Nursing Regulators) according to Directive 2005/36/EC On recognition of professional qualifications , and Directive 2006/123/EC On services in the internal market, set out by the European Commission. This article describes the construction of the Code and gives an overview of some specific areas of importance. The main text of the Code is reproduced in Appendix 1. (shrink)

This article explores the tensions between cosmopolitanism and sovereignty as a means to conceptualize the ethics of European foreign policy. It starts by discussing the claim that, in order for the EU to play a meaningful role as an international actor, a definition of the common ethical values orienting its political conduct is required. The question of a European federation of states and its ethical conceptualization emerges clearly in some of the philosophical writings of the 17th and (...) 18th centuries. I seek to provide an outline of the main arguments presented by authors such as Saint Pierre, Rousseau and Kant regarding the implications of the emerging difference between cosmopolitanism and the law of nations in the ethics of international relations. The article focuses on the normative significance of the concept of sovereignty as it emerges in modern political philosophy and highlights its tensions with the ideas of moral and political cosmopolitanism. This exploration serves a double function: theoretical and practical. From the theoretical perspective it leads to a better understanding of the tensions involved in conceptualizing a common ethical orientation for the states of Europe. From the practical standpoint it sheds light on some persistent difficulties the European Union faces in trying to move beyond an intergovernmental political arrangement in the field of foreign policy. (shrink)

Purpose of this article is to tell foreign readers about novels made in Russian intellectual property law in 2014. As is known modern Russian revolution in the field of intellectual property legislation occurred January 1, 2008 when Russian intellectual property legislation was codified, included in the text of part fourth of the Civil Code of the Russian Federation. Part fourth of the Russian CC entered into force on January 1, 2008. At the same day seven sectoral intellectual property laws (...) were repealed. Second Revolution in this field took place during 2014: Federal law №35-FZ, 2014, substantially amending the Fourth part on the CC, entered into force on October the 1st of 2014. Scientific aim: The essence and evaluation of these amendments is the subject matter of this paper. Methods: The research is based on the analysis of the new amendments and articles added to the part fourth of the CC. Findings: Codification of the sectoral legislation en bloc in CC is a unique phenomenon. The author believes that such a construction of intellectual property law was made correctly and at the proper time. Factually the Federal Law №35-FZ is the eleventh law amending the text of the part fourth of the CC. But all previous amendments were small and not substantial. As far as amendments introduced by the law №35-FZ are concerned, they are numerous and very, very substantial. Before entering into force of the law №35-FZ, the Part fourth of the CC contained 328 articles. The law 35-FZ amends 169 articles of it and adds seven new articles. I am convinced that the law is a rather big step towards building a modern system of intellectual property legislation in Russia. Conclusions: More than 150 amendments were introduced by the law №35-FZ. Author estimates about 80% of them as positive and about 20% as negative and erroneous. These amendments do not contradict the international intellectual property agreements signed by the Russian Federation. Generally their purpose is to enhance and clarify the Russian intellectual property legislation and to narrow the gap between Russian and European intellectual property laws. The author of this article deals with intellectual property laws more than 50 years on. This paper is a short English version of various articles on this topic published in Russian, in journals: «The business and the law» and «The patents and licenses». (shrink)

The European Convention of Human Rights system was originally created to sound the alarm if democracy was threatened in the member states. Yet, it eventually developed into a very different system with a focus on providing individual justice in an ever growing number of member states. This transformation has raised fundamental questions as to the level of difference and diversity allowed within the common European human rights space. Was the system to rest on minimum standards with room for (...) domestic differences, or was it to create uniform standards? These questions have come up as increasingly contentious issues over the past years and have triggered a number of reforms seeking to introduce more subsidiarity in the system, striking a different balance between the European and national oversight of human rights. The article analyses this turn to subsidiarity by exploring whether the reform process has introduced new forms of difference and diversity within the common space of European human rights. Covering the period from 2000 to the end of 2019 and using a dataset of all judgments of the period, the article provides a structural analysis of developments in reference to the margin of appreciation which is the European Court of Human Rights’ long-standing tool for balancing the common standards, yet leaving space for individual member states to find local solutions to implementing those standards. It concludes that recent developments have contributed to a more federal-style construction of European human rights with more space for differences within the common general standards. (shrink)

(1996). The concept of Carolingian Europe in the foreign policy of the Federal Republic of Germany. The European Legacy: Vol. 1, Fourth International Conference of the International Society for the study of European Ideas, pp. 727-733.

Many professional football clubs in Europe have youth academies. The business model of such academies is that a club invests resources in training a player and then, when the player is old enough to sign an adult contract, either sells the player or offers him an adult contract. According to Fédération Internationale De Football Association (FIFA), international transfers of players are only permitted if the player is over the age of 18. There are five exceptions to this rule. One of (...) them is that if the player is between 16 and 18 and the transfer takes place within the territory of the European Economic Area (EEA), then an international transfer is allowed. This article is a discussion of the FIFA rules that mandate non-uniform age limits for when players can first transfer to clubs within the EEA area. The conclusion of the article is that FIFA is morally unjustified in setting a higher minimum age for transfer to EEA clubs for non-EEA players than for EEA players. The article first develops an argument for its conclusion. It then discusses, and rejects, the five best objections to this argument. (shrink)

The European Medical Information Framework project, funded through the IMI programme, has designed and implemented a federated platform to connect health data from a variety of sources across Europe, to facilitate large scale clinical and life sciences research. It enables approved users to analyse securely multiple, diverse, data via a single portal, thereby mediating research opportunities across a large quantity of research data. EMIF developed a code of practice to ensure the privacy protection of data subjects, protect the interests (...) of data sharing parties, comply with legislation and various organisational policies on data protection, uphold best practices in the protection of personal privacy and information governance, and eventually promote these best practices more widely. EMIF convened an Ethics Advisory Board, to provide feedback on its approach, platform, and the EcoP. The most important challenges the ECoP team faced were: how to define, control and monitor the purposes for which federated health data are used; the kinds of organisation that should be permitted to conduct permitted research; and how to monitor this. This manuscript explores those issues, offering the combined insights of the EAB and EMIF core ECoP team. For some issues, a consensus on how to approach them is proposed. For other issues, a singular approach may be premature but the challenges are summarised to help the community to debate the topic further. Arguably, the issues and their analyses have application beyond EMIF, to many research infrastructures connected to health data sources. (shrink)

This book provides a philosophical theory explicating the cognitive contribution of metaphor. Metaphor effects a transference of meaning, not between two terms, but between two structured domains of content, or ‘semantic fields’. Semantic fields, construed as necessary to a theory of word-meaning, provide the contrastive and affinitive relations that govern a term’s literal use. In a metaphoric use, these relations are projected into a second domain which is thereby reordered with significant cognitive effects. The book provides a revision and refinement (...) of ‘the semantic theory of metaphor’. Taking into account pragmatic considerations and recent linguistic and psychological studies, the book aims to forge a new understanding of the relation between metaphoric and literal meaning. It illustrates the thesis with sensitive and systematic analyses of metaphors found in literature, philosophy, science, and everyday language. Keywords:,, . (shrink)

One of the most intractable contemporary problems in the USSR is the Soviet federal dilemma. The late 1980s witnessed competing claims among the national minority groups of the USSR to rights of voice, representation, and cultural, economic, and even political sovereignty. Since the onset ofperestrojka, the principle of nationalstatehood has acquired a new legitimacy. Nationality is one of the pillars of the federal reform. The drive to create a new Soviet federalism has become an important component ofperestrojka. But, according to (...) Leninist doctrine, the nation is a transitional formation. Unless there is a significant departure from Leninist theory, the new acknowledgement of the rights of nations in the USSR can only be a political — and thus temporary — concession. Can the ideology evolve in such a way as to provide ideologically-based political legitimacy to the notion of national-statehood? Is Gorbachev''s dynamic interpretation of Leninism capable of rejecting one of Lenin''s most fundamental concepts? The thesis of this article is that Soviet federal reform requires a substantial departure from the Leninist tradition. The extent to which Soviet leaders are prepared to do this casts light on one of the perennial concerns of socialist thought, namely whether ideology matters at all. (shrink)

Since 2010, the European Journal of Anaesthesiology has required the reporting of five items concerning ethical approval in articles describing human research: ethics committee’s name and address, chairperson’s name, study’s protocol number and approval date. We aimed to assess whether this requirement has helped to identify and to contact the referenced ethics committees. In this cross-sectional study, we analysed articles requiring ethical approval, according to the Swiss federal law for human research and published in the European Journal of (...) Anaesthesiology in 2011. Ethics committees were searched through our institutional Internet access based on information provided in the articles. The last search was performed in November 2015. Numbers of items reported, of ethics committees identified, and of those that confirmed having provided ethical approval are reported. Of 76 articles requiring ethical approval, 74 declared it. Ethics committees’ names and addresses were mentioned in 63/74, protocol numbers in 51/74, approval dates in 48/74, and chairpersons’ names in 45/74. We could identify 44/74 committees; 36/74 answered our inquiry and 24/74 confirmed their role. Thirty-four of 74 articles reported all five items; in 25/34, we were able to identify an ethics committee, 18/34 answered our inquiry, and 15/34 confirmed their role. Forty of 74 articles reported ≤4 items; in 19/40, we were able to identify an ethics committee, 18/40 answered our inquiry, and 9/40 confirmed their role. Reporting five items significantly increased identification of ethics committees and their confirmation of ethical approval. Twelve of 74 ethics committees were unable to confirm their role in approving the study. Even when details concerning ethical approval were reported in these studies of human research, we were unable to identify almost half of the ethics committees concerned. The reporting of five items, compared with reporting ≤4, was associated with facilitated identification of ethics committees, and increased the likelihood that they would be able to confirm the study’s approval. Future research should identify which information facilitates identification of, and contact with, ethics committees. (shrink)

Historienne, membre de l'Institute for Research on Women and Gender de Stanford, active au sein de l'International federation for research in women's history, Karen Offen concentre dans ce livre vingt-cinq ans de lectures et de recherches sur l'histoire du féminisme en Europe. Elle tire un grand profit de l'explosion récente des études sur l'histoire du féminisme et des colloques internationaux sur le féminisme en Europe. C'est le genre de livre que l'on lit, crayon à la main, et où l'...

The obligation to provide reasons may appear rather a simple and straightforward, but in actual practice—as the mutually antagonistic Weiss rulings of the CJEU and the German Bundesverfassungsgericht amply demonstrate—is fraught with constitutional complication. On the one side, there lies the concern with a deeply intrusive form of judicial review which substitutes judicially determined “good” reasons for those of the reviewee decisionmaker—legislatures, administrative agencies, or, as in Weiss, the European Central Bank. On the other side lies the concern with (...) judicial abdication in the face of technical expertise, uncertainty and complexity, turning the reason-giving requirement into a mere façade thereby placing democratic accountability in the modern administrative state beyond law’s remit. Either way, normatively and conceptually, we seem left with a half-way house only. Drawing on the recent US administrative law discourse—the neo-Fullerian concept of an “internal morality of law” and democratic experimentalism —this paper explores the concept of process review as tertium datur. Process review responds to concerns over the rule of law and administrative discretion through indirect, procedural safeguards, by imposing requirements of reasoned justification, rather than through wholesale invalidation or aggressive substantive review. (shrink)

Putting the ethical tools of philosophy to work, Ellen K. Feder seeks to clarify how we should understand "the problem" of intersex. Adults often report that medical interventions they underwent as children to "correct" atypical sex anatomies caused them physical and psychological harm. Proposing a philosophical framework for the treatment of children with intersex conditions—one that acknowledges the intertwined identities of parents, children, and their doctors—Feder presents a persuasive moral argument for collective responsibility to these children and their families.