In matters of rights, constitutions tend to avoid settling controversies. With few exceptions, rights are formulated in open-ended language, seeking consensus on an abstraction without purporting to resolve the many moral-political questions implicated by rights. The resulting view has been that rights extend everywhere but are everywhere infringed by legislation seeking to resolve the very moral-political questions the constitution seeks to avoid. The Negotiable Constitution challenges this view. Arguing that underspecified rights call for greater specification, Grégoire C. N. Webber (...) draws on limitation clauses common to most bills of rights to develop a new understanding of the relationship between rights and legislation. The legislature is situated as a key constitutional actor tasked with completing the specification of constitutional rights. In turn, because the constitutional project is incomplete with regards to rights, it is open to being re-negotiated by legislation struggling with the very moral-political questions left underdetermined at the constitutional level. (shrink)

A union ultrafilter is an ultrafilter over the finite subsets of ω that has a base of sets of the form ${\text{FU}}\left$, where X is an infinite pairwise disjoint family and ${\text{FU}} = \left\{ {\bigcup {F|F} \in [X]^{ < \omega } \setminus \{ \emptyset \} } \right\}$. The existence of these ultrafilters is not provable from the $ZFC$ axioms, but is known to follow from the assumption that ${\text{cov}}\left = \mathfrak{c}$. In this article we obtain various models of $ZFC$ that (...) satisfy the existence of union ultrafilters while at the same time ${\text{cov}}\left = \mathfrak{c}$. (shrink)

The _Turba Philosophorum_ is at the confluence of many Greek traditions, and bears testimony both to the history of the transmission of Greek knowledge, and of its reception in Egypt in the ninth century.

How do people learn to talk about the causal and temporal relations between events, and the motivation behind why people do what they do? The narrative practice hypothesis of Hutto and Gallagher holds that children are exposed to narratives that provide training for understanding and expressing reasons for why people behave as they do. In this context, we have recently developed a model of narrative processing where a structured model of the developing situation is built up from experienced events, and (...) enriched by sentences in a narrative that describe event meanings. The main interest is to develop a proof of concept for how narrative can be used to structure, organize and describe experience. Narrative sentences describe events, and they also define temporal and causal relations between events. These relations are specified by a class of narrative function words, including “because, before, after, first, finally.” The current research develops a proof of concept that by observing how people describe social events, a developmental robotic system can begin to acquire early knowledge of how to explain the reasons for events. We collect data from naïve subjects who use narrative function words to describe simple scenes of human-robot interaction, and then employ algorithms for extracting the statistical structure of how narrative function words link events in the situation model. By using these statistical regularities, the robot can thus learn from human experience about how to properly employ in question-answering dialogues with the human, and in generating canonical narratives for new experiences. The behavior of the system is demonstrated over several behavioral interactions, and associated narrative interaction sessions, while a more formal extended evaluation and user study will be the subject of future research. Clearly this is far removed from the power of the full blown narrative practice capability, but it provides a first step in the development of an experimental infrastructure for the study of socially situated narrative practice in human-robot interaction. (shrink)

In the context of [Formula: see text], we analyze a version of Hindman’s finite unions theorem on infinite sets, which normally requires the Axiom of Choice to be proved. We establish the implication relations between this statement and various classical weak choice principles, thus precisely locating the strength of the statement as a weak form of the [Formula: see text].

In this article, we first describe our general inhibitory-control theory and, then, we describe how we have tested its specific hypotheses on reasoning with brain imaging techniques in adults and children. The innovative part of this perspective lies in its attempt to come up with a brain-based synthesis of Jean Piaget’s theory on logical algorithms and Daniel Kahneman’s theory on intuitive heuristics.

Nothing is more mysterious for man than the substance of his own body. Every society has attempted in its way to give a particular answer to this primary enigma in which man has his roots. Innumerable theories of the body that have followed each other during the course of history or that still coexist today are directly connected to the world views of these different societies. Even more, they are dependent on the conceptions of the person. The modern view of (...) the body, that which anatomo-physiology incarnates, is a direct function of the emergence and development of individualism within the European societies of the Renaissance, especially in the 17th century, that marks a crystallization, very clear at the social level, of this tendency. Moreover, the explosion of the present knowledge of the body that makes anatomophysiology one theory among others, even though it is dominant, denotes another stage in individualism, a yet stronger falling back on the ego: the emergence of a society in which the atomization of individuals has become an important fact, an atomization submitted to or desired, according to the case, which does not appear in contradiction to present research in new ways of socializing, new forms of tribalism and so on, as is clearly indicated by what we agree to call the associative phenomenon. This is a characteristic of societies in which individualism is a structural fact: the development of an infinitely plural and polyphonic character. In these societies, in fact, the initiative is assumed by individuals or groups more than it is in a culture that tends to become a simple formal framework. (shrink)

We develop a model of ideals-based accountability which we have witnessed at work in several long-thriving family businesses. The owners and managers of these firms eschew individualism and materiality in the pursuit of ethical ideals such as supporting democracy and bettering the human condition. Although accountability is to these ideals, not for outcomes such as profitability or even reputation, IBA has resulted in outstanding reputations for some firms. We characterize IBA according to its missions, leadership, culture, and stakeholder relationships. We (...) also contrast it with traditional forms of accountability and differentiate IBA from related stakeholder, stewardship, and CSR perspectives. Finally, we examine its manifestations within five long-lived family enterprises, in the process generating propositions to advance the concept. (shrink)

This article illustrates instrumental variable (IV) estimation by examining an unexpected finding of the research on career adaptability and job satisfaction. Theoretical and empirical arguments suggest that in the general population, people’s abilities to adapt their careers are beneficial to their job satisfaction. However, a recent meta-analysis unexpectedly found no effect when personality traits are controlled for. We argue that a reverse effect of job satisfaction on career adaptability, originating from affective tendencies tied to personality, might explain this null effect. (...) Our argument implies that the estimates obtained with traditional ordinary least squares (OLS) regressions are biased by endogeneity, a correlation between an explanatory variable and the error term in a regression model. When experimental manipulations are impossible, IV estimations, such as two-stage least squares (2SLS) regressions, are one possible solution to the endogeneity problem. Analyzing three waves of data from a sample of 836 adults, the concurrent and time-lagged effect of job satisfaction on career adaptability was revealed to be more consistent than the reverse. Our results provide an explanation, rooted in affective dispositions, as to why recent meta-analytical estimates unexpectedly found that career adaptability does not predict job satisfaction at the interindividual level. We also discuss IV estimation in terms of its limits, weight the interpretation of its estimates against the temporality criterion for causal inference, and consider its possible extension to analyses of change. (shrink)

The text opening the 'Great Peace Part' ('Taiping bu') in the Ming Taoist Canon, the Great Peace Scripture Digest (Taiping jing chao) is widely confused with the famous Great Peace Scripture (Taiping jing) which follows it in the Canon. The first full analysis and reassessment of the Great Peace Scripture Digest, this paper reviews the textual morphology of its ancient and modern editions, discusses current hypotheses concerning its date and authorship, and investigates its literary structure and form, pointing to clusters (...) of prosodic patterns. Light is shed on strata of diachronic origin coexisting in the text, which should not be regarded as being the product of an inconstant solitary compiler, but rather as the conflation of shortened renditions of the Great Peace Scripture perhaps dating to the Tang and pre-Song or early Song eras. A full linear analysis of the text, including a concordance, completes the literary study. (shrink)

Interrogating the relationship of the sovereign power of the nation state to the scientist's expert knowledge as a legitimating--and sometimes challenging- ...

Background:Little is known about case managers’ ethical issues and professional values.Objectives:This article presents an overview of ethical issues in case managers’ current practice. Findings are examined in the light of nursing ethics, social work ethics and principle-based biomedical ethics.Research design:A systematic literature review was performed to identify and analyse empirical studies concerning ethical issues in case management programmes. It was completed by systematic content analysis of case managers’ national codes of ethics.Findings:Only nine empirical studies were identified, eight of them from (...) North America. The main dilemmas were how to balance system goals against the client’s interest and client protection against autonomy. Professional codes of ethics shared important similarities, but offered different responses to these two dilemmas.Discussion:We discuss the respective roles of professional and organizational ethics. Further lines of research are suggested. (shrink)

Every human community creates its own representation of its surrounding world and of the men who constitute that world. It sets out in an orderly fashion the raison d’être of social and cultural organisation, it ritualises the ties between men and their relationship with their environment. Man creates the world while the world creates man, through a relationship which varies with each society; ethnography shows us innumerable versions. Human cultures consist of symbols. It is always a matter of reducing the (...) world to the human factor, but in line with a social imaginary quantity specific to a particular group, which is itself the tributary of its past and the possible influence of other groups. (shrink)

Representations of the body depend on a social framework, a vision of the world and a definition of the person. The body is a symbolic construction and not a reality in its own right. A priori, its characterization seems to be self-evident, but ultimately nothing is less comprehensible. Far from being unanimously accepted by human societies, making the body stand out as a reality in some way distinct from man seems an uneasy effort, contradictory between one time and place and (...) another. Many societies do not retain it as part of their vision of the world. They do not detach man from his body in the dualist fashion so common to Western man. We might recall here the incident recounted by Maurice Leenhardt, who asked an elderly Kanak what the West had contributed to Melanesia. The answer surprised him. “What you brought us is the body”. With the intrusion of cultural and social values and forms from the Western world that tend to individualism, there came an awareness of the body as a barrier and a boundary distinguishing each person from every other person. In the societies to which we refer, the components of a person include the flesh without setting this off separately. The body itself is an abstraction. On the phenomenological level, only a person whose body gives him a face and establishes his presence in the world can exist. Man is indiscernible from the flesh that models him. (shrink)

In 1866, six Inuits were taken to the United States for the purpose of serving as specimens to American scientists at the Natural History Museum. Shortly after their arrival in New York, four of them had died. One of the survivors returned to the Arctic, while the sixth, Minik, now alone, fought to make possible the return of the remains of his dead companions to their village. Since the latter were being exhibited, as was then often the case (and happens (...) even today in many museums), in order to offer visitors examples of the Inuk people, Minik protested in vain. In 1909 he returned to Greenland when the scientists denied that the remains of his friends still existed. Several years later, still pursuing the issue, he went back to the United States to take up the fight against the bureaucracy for the repatriation of the bodies. He died in the United States in 1918. It was only in 1993 that he won out and that the remains of the four were returned to the Arctic homeland. (shrink)

Marcel Mauss published his essay The Gift in the context of debates about the European sovereign debt crises and the economic growth experienced by the colonies. This article traces the discursive associations between Mauss’ anthropological concepts and the reformist program of French socialists who pushed for an “altruistic” colonial policy in the interwar period. This article demonstrates that the three obligations which Mauss identified as the basis of a customary law of international economic relations served as key references in the (...) French debate about the relationships between metropolises and colonies in the interwar period. Mauss made this relation between colonial policy and the ethnology of the gift explicit in his book, The Nation. Moving beyond Mauss’ interwar writings, the article traces the genealogy of his later reflections to his involvement in prewar debate... (shrink)

Résumé L’objet de cet article est d’analyser les récits de bestialité qui se multiplient dans la littérature des XVIe et XVIIe siècles, dans les écrits juridiques, médicaux, polémiques et surtout dans les relations de voyages. Ces anecdotes qui mettent en scène des accouplements, voire des enfantements, entre hommes et bêtes, amènent à questionner les rapports troubles entre l’épistémè de la Renaissance et les savoirs ethnographiques acquis durant cette première époque coloniale, savoirs qui s’imprègnent parfois des récits mythologiques locaux. Inspirées par (...) une perspective anthropomorphique comme par le modèle de la fable, ces anecdotes zoophiles témoignent de la diversité des réflexions sur un possible interrègne, sur les zones de partage instables entre l’homme et l’animal, mais aussi sur la projection de stéréotypes animaliers sur des populations étrangères. (shrink)

Breast cancer is a major public health challenge. Organized mammography screening (OS) is considered one way to reduce breast cancer mortality. EU recommendations prone mass deployment of OS, and back in 2004, France introduced a national OS programme for women aged 50–74 years. However, in 2012, participation rate was still just 52.7%, well short of the targeted 70% objective. In an effort to re-address the (in) efficiency of the programme, the French National Cancer Institute has drafted an expert-group review of (...) the ethical issues surrounding breast cancer mammography screening. (shrink)

Auxiliaire de justice, indépendant et mandaté par son client, l’avocat occupe une place singulière dans le système judiciaire français et sa parole se caractérise a priori par une grande liberté. A l’examen cependant, on constate que son espace de parole est soumis aux règles rituelles du procès qui tendent progressivement à le restreindre, et que le contenu de cette parole est contraint par les exigences de sa mission même s’il bénéficie d’une protection dont l’effectivité est une garantie fondamentale du procès (...) équitable. Ainsi, si indéniablement l’avocat peut dans certaines situations, dire plus que le citoyen ordinaire, il doit surtout en toutes circonstances veiller à dire mieux que ce dernier. (shrink)

Legislated Rights: Securing Human Rights through Legislation aims to correct certain imbalances in constitutional thought and scholarship that burden the legislature and rights with misconceptions...

Many amateur sportsmen in the West, have today started undertaking long and intensive ordeals where their personal capacity to withstand increasing suffering is the prime objective. Running, jogging, the triathlon and trekking are the sorts of ordeal where people without any particular ability are not pitting themselves against others but are committed to testing their own capacity to withstand increasing pain. Constantly called upon to prove themselves in a society where reference points are both countless and contradictory and where values (...) are in crisis, people are now seeking a one-to-one relationship by redical means, testing their strength of character, their courage and their personal resources. Going right on to the end of a self-imposed ordeal gives a legitimacy to life and provides a symbolic plank that supports them. Performance itself is of secondary significance; it has a value only to the individual. There is no struggle against a third party, only a method for reinforcing personal will-power and over-coming suffering by going right to the limit of a personally imposed demand. The physical limit has come to replace the moral limit that present-day society is failing to provide. Overcoming suffering tempers the individual, providing a renewed significance and value to his life. (shrink)

Touching on issues of power, authority, and domination, Manhunts takes an in-depth look at the hunting of humans in the West, from ancient Sparta, through the Middle Ages, to the modern practices of chasing undocumented migrants.

The aim of this paper is to show how systematic Charles Taylor’s philosophy is. It rejects two opposite readings: one claiming that Taylor’s thought is too diverse to have real unity; the other, that it is the product of a “monomaniac” (Taylor’s own word). I claim that his thought has a very distinct structure, comprising two levels. On the first, “meta-hermeneutic” level, Taylor defends a thesis about hermeneutics (namely, that it cannot be dispensed with): this unifies his anthropology, epistemology, moral (...) philosophy, philosophy of language and political philosophy. On the second, “hermeneutic” level, Taylor builds an impressive historic construal of modern identity and its dilemmas. More importantly, while these two levels are irreducibly distinct, they relate to each other in interesting ways, giving Taylor’s philosophy its systematicity. I finally confront this view with other readings, and argue that it is the best way to understand Taylor’s work. (shrink)

Fichte's philosophy represented one of the first coherent attempts to provide a utopian philosophical foundation for preventative police power, one which anticipated in surprising ways the fundamental logical premises of modern dataveillance or "datapower." This article examines Fichte's proposals for a new system of police passports and the logic of control on which it rests, contextualizing it within the transformation of police practices during his lifetime. It concludes with a discussion of Hegel's criticism of the logical incoherence of securitarian policing, (...) and its relevance for our situation today. (shrink)

Cet article prend pour point de départ une critique souvent adressée au minimalisme moral de Ruwen Ogien : il y a bien de la normativité dans le rapport à soi, nous avons des obligations vis-à-vis de nous-même. Après avoir rappelé cette objection (en la reformulant et en la renforçant), l’on se demande si une forme de minimalisme peut malgré tout lui survivre. Cet article répond par la positive, en proposant une reformulation radicale de la thèse minimaliste, qui parvienne à maintenir (...) le rejet du paternalisme tout en prenant en compte l’existence d’une normativité dans le rapport à soi. Il explique en quel sens une telle thèse peut encore être considérée comme minimaliste, puis entreprend d’examiner ses principales conséquences. (shrink)

La question de l’ennemi et de la guerre chez Rosenzweig est importante non seulement pour comprendre l’auteur, mais aussi son œuvre : L’Étoile de la Rédemption. Avec la relation d’hostilité, la temporalité rédemptrice basée sur le commandement d’amour s’affronte au problème des rapports qu’ont le judaïsme et le christianisme avec la guerre et le nationalisme.

Poser la question de la provenance du geste critique instaurant le pré-monde (Vorwelt) revient à s’interroger de manière plus générale sur le commencement ou plus précisément sur le fondement de L’Étoile de la Rédemption. À cette question, qui pourrait être qualifiée elle-même de fondamentale, Franz Rosenzweig fait remarquer tout d’abord, dans « La pensée nouvelle », qu’« à l’égard des premières pages d’un livre de philosophie, les lecteurs ont une attitude singulière : ils croient qu’elles c...

Adolescents are said to be, figuratively speaking, thin-skinned. But their thin-skinnedness is also real: both ambivalent and ambiguous, the border between self and other is, for many young people, a source of constant turmoil. The recourse to bodily self-harm is a means of dealing with this turmoil and the feelings of powerlessness it generates. Drawing on extensive semi-structured interviews conducted over the course of the last twenty years, this article explores the experiences of adolescents who engage in self-cutting. A deliberate (...) and controlled use of pain, this ‘symbolic homeopathy’ – that is, harming oneself to feel less pain – acts as a defence against externally imposed suffering. Far from being destructive, self-harm practices can paradoxically be understood as survival techniques. Part of a long-term, ongoing project investigating adolescent risk-taking, this article seeks to better understand the experiences of teens who injure themselves through skin-cutting. (shrink)

La philosophie analytique récente a vu naître d’importants débats de méthode concernant la bonne manière de pratiquer l’ontologie, qui voient s’opposer les partisans déclarés de Quine à ceux de Carnap. Au cœur de ces débats se trouve l’idée que le monde possède une structure ontologique propre, indépendante de notre manière de le conceptualiser ou de l’organiser. C’est cette idée qui est ici plus précisément examinée, dans le but de la clarifier. Cet article défend la thèse que, si le monde possède (...) bien une structure intrinsèque, celle-ci est de nature physique et non ontologique. Quant à cette dernière, elle ne peut être conçue indépendamment d’une subjectivité consciente et constituante. Si cet argument est correct, il donne raison à l’école néo-carnapienne, mais surtout il étaye l’idée qu’il ne saurait y avoir d’ontologie que transcendantale, une idée dont les germes semblent être en train de poindre au sein de l’école analytique. (shrink)

The face embodies for the individual the sense of identity, that is to say, precisely the place where someone recognizes himself and where others recognize him. From the outset the face is meaning, translating in a living and enigmatic form the absoluteness yet minuteness of individual difference. Any alteration to the face puts at stake the sense of identity. Disfigurement destroys the sense of identity of an individual who can no longer recognize himself or be recognized by others. Disfigurement places (...) a mask on the face. The goal of a facial transplant consists of restoring an individual’s place in the world and reviving his taste for life, returning to him his ‘human shape’. Facial transplants raise essential anthropological questions such as ‘Who am I?’ and ‘To whom belongs this face that henceforth is mine?’. (shrink)