At first sight constitutionalism appears to be a key concept in public law discourse in the United Kingdom. It appears in all the major academic discussions from the rule of law and judicial review to the ‘new constitutional settlement’ and in relation to constitutional culture. And yet attempts to define the scope, meaning and role of constitutionalism remain vague. This article discusses the different fields in which constitutionalism is discussed and the different meanings that are attributed to the concept. It (...) shows that constitutionalism is routinely conflated by public law scholars with other constitutional values and principles, like the rule of law or separation of powers. This article argues that constitutionalism should either be conceived as distinct from those concepts or, failing that, can safely be eliminated from public law discourse. The article concludes by asking whether a nuanced and normative discussion of constitutionalism could have any meaningful application in the United Kingdom constitution. (shrink)

We propose that doping be legalized under medical supervision. First, we discuss two motivations for allowing medically supervised doping. We reject the ‘compromised choice/harm minimization’ motivation as unlikely to win the support of athletes. We agree that it could lead to an arms race. Instead, we favor full acceptance of doping under medical supervision and answer Reid’s spirit of sport objection to medical manipulation. After presenting a set of guiding principles, we use them to answer the arms race objection and (...) rebut one of the most prominent objections in the literature about the safety of medically supervised doping, the game-theoretic objection. (shrink)

Antidoping policy regulates and punishes the use of substances that are listed on a Prohibited List (PL). These substances are colloquially known as ‘performance-enhancing substances’. There is very little empirical evidence of enhancement for most of the substances on the PL raising the possibility that the perceived enhancement of performance experienced by an athlete is a placebo effect. A placebo effect is a response to an inert substance that is strongly influenced by psychological and social cues in the surrounding environment. (...) It is our contention that, given the lack of proper empirical testing of the substances on the PL, it is in fact the appearance of a substance on the PL that has the strongest performance-enhancing effect in elite athletes. This disconnect between science and WADA’s code raises the question of what we really object to: real performance enhancement achieved using substances on the PL or performance enhancement that occurs because WADA has told us that the substance will enhance performance by placing it on the PL? In this case, antidoping policy would punish those who believe the performance-enhancing myth at the heart of the PL thus leading to a deeply flawed policy that creates its own victims. (shrink)

Eric Voegelin (1901-1985) zahlt zu den prominentesten Vertretern einer neoklassischen politischen Philosophie im 20. Jahrhundert. Wesentliche Grundlagen seiner politischen Theorie entwickelt Voegelin in der Auseinandersetzung mit der staatstheoretischen Debatte der 1920er- und 1930er-Jahre und im Versuch der Grundlegung einer "Staatslehre als Geisteswissenschaft". Im weiteren Verlauf seiner theoretischen Arbeit erscheint ihm der Begriff des Staates als politiktheoretische Fundamentalkategorie aber zunehmend fragwurdig. Im Sinne der Leitfrage der Reihe Staatsverstandnisse, was sich den Ideen von Staatsdenkern fur ein zeitgemasses Verstandnis des Staates entnehmen (...) lasst, erweist sich Voegelins Beitrag als das zunachst staatstheoretisch inspirierte Projekt einer Dekonstruktion des Staatsbegriffs und der Entfaltung ihrer theoretischen Konsequenzen - von der Herausarbeitung der im Staatsbegriff enthaltenen, aber verschleierten Verhaltnisbestimmung zwischen Politik und Religion bis hin zum Entwurf einer politischen Theorie als "Ordnungswissenschaft". Mit Beitragen von: Barry Cooper, Daiane Eccel, Jurgen Gebhardt, Bruno Godefroy, Michael Henkel, Manfred Henningsen, Oliver Lembcke, Matthias Riedl, Tilo Schabert, Christian Schwaabe, Hans-Jorg Sigwart, Klaus Vondung. (shrink)

Nature has been a recurrent theme in arts and philosophy for several decades. Nature is experienced in variety of contexts; artists have been enacting with nature as phenomena, material, space, environment, or simply as a place or an idea. In philosophy this is evidenced by an increasing interest in environmental ethics and aesthetics, as well as in philosophy of biology and metaphysics. In the 1960s, new affinities between art and nature developed and became among the characteristics of contemporary art. Environmental (...) approaches became essential and artists were engaging the public closely with social and physical spaces. Generating processes rather than creating objects, both in nature as well as in the urban landscape, artists reintroduced art into nature and nature into art and opened up new ways of engaging environment, creating non-permanent artworks which produced a new understanding of creativity that following generations are still exploring. The distinction between art and nature became increasingly blurred at the same time as the ancient dichotomy of culture and nature became controversial. With the rise of environmental ethics in the 1970s, philosophers began discussing nature as an independent source of moral values, rather than a mere stage for moral life deriving its value from relations among humans. It has both been suggested that nature might have independent moral value, much like persons are thought to have such value, or that nature can be an active participant in a morally virtuous life. Both aesthetics of nature and environmental ethics have become established fields in contemporary philosophy with their distinct bibliography to draw on. But even if distinct, and properly so, these two new fields might be more closely related than often suggested. The aim of this collection is to bring together different trends in thinking about nature and value that are distinctive of these changing moods in art and philosophy and to juxtapose them with some other ways of thinking about these issues, such as economics and religion. The authors include Holmes Rolston III, Antje von Graevenitz, Roger Pouivet, Eric Palazzo and Emily Brady. The essays and artworks in this volume derive from the conference Nature in the Kingdom of Ends held in Selfoss, Iceland, on June 11th and 12th 2005. (shrink)

Comme le dit Bernard Andrieu dans l’éditorial qui ouvre le dossier, les « violences de genre et violences sexistes à l’école » constituent un « thème émergent » (1, p. 5), du moins en France. Dans l’introduction, intitulée « La “violence de genre à l’école” : entre science et politique » (1, p. 9-11), Éric Debarbieux oppose, intellectuellement et politiquement, la construction d’un débat scientifique sur « les violences de genre, en tant qu’elles sont agies et subies en milieu scolaire (...) » à la... (shrink)

Presenting a comprehensive portrayal of the reading of Chinese and Buddhist philosophy in early 20th-century German thought, Chinese and Buddhist Philosophy in early Twentieth-Century German Thought examines the implications of these readings for contemporary issues in comparative and intercultural philosophy. Through a series of case studies from the late 19th-century and early 20th-century, Eric Nelson focuses on the reception and uses of Confucianism, Daoism, and Buddhism in German philosophy, covering figures as diverse as Buber, Heidegger, and Misch. He argues (...) that the growing intertextuality between traditions cannot be appropriately interpreted through notions of exclusive identities, closed horizons, or unitary traditions. Providing an account of the context, motivations, and hermeneutical strategies of early twentieth-century European thinkers' interpretation of Asian philosophy, Nelson also throws new light on the question of the relation between Heidegger and Asian philosophy. Reflecting the growing interest in the possibility of intercultural and global philosophy, Chinese and Buddhist Philosophy in early Twentieth-Century German Thought opens up the possibility of a more inclusive intercultural conception of philosophy. - See more at: http://www.bloomsbury.com/uk/chinese-and-buddhist-philosophy-in-early-twentieth-century-german-thoug ht-9781350002562/#sthash.1lY6OTYj.dpuf. (shrink)

In this article, we examine the association between ethics and disclosure and the impact of this association on the long-term, post-issue performance of seasoned equity offerings (SEOs). We argue that firms with extensive disclosure are less likely to face information problems, and more likely to lead to an active shareholder monitoring, and therefore, engage in fewer unethical activities, such as aggressive earnings manipulation, and have better long-term, post-issue performance. Consistent with these predictions, this study presents evidence that disclosure is negatively (...) related to unethical earnings manipulation and positively associated with long-term, post-issue performance. In particular, we find that long-term, post-issue SEO underperformance is significantly less for firms with extensive disclosure and conservative earnings management than firms with less disclosure and aggressive earnings management. We interpret this evidence to mean that over the long run, the capital market values ethical financial reporting and corporate efforts to incorporate social responsibility into their decision-making processes, for example, by enhancing information transparency through voluntary disclosure. (shrink)

To date, emotion research has primarily focused on the experience and display of the emoter. However, of equal, if not more, importance is how such displays impact and guide the behavior of an observer. We incorporate a functionalist framework of emotion to examine the development of differential responding to discrete emotion, theorize on what may facilitate its development, and hypothesize the functions that may underlie such behavioral responses. Although our review is focused primarily on development, the theoretical and methodological ideas (...) laid out are relevant for researchers of emotion at all ages. (shrink)

Purpose Underlying much recent development in data science and artificial intelligence (AI) is a dependence on the labour of precarious crowdworkers via platforms such as Amazon Mechanical Turk. These platforms have been widely critiqued for their exploitative labour relations, and over recent years, there have been various efforts by academic researchers to develop interventions aimed at improving labour conditions. The aim of this paper is to explore US-based crowdworkers’ views on two proposed interventions: a browser plugin that detects automated quality (...) control “Gold Question” (GQ) checks and a proposal for a crowdworker co-operative. Design/methodology/approach The authors interviewed 20 US-based crowdworkers and undertook a thematic analysis of collected data. Findings The findings indicate that US-based crowdworkers tend to have negative and mixed feelings about the GQ detector, but were more enthusiastic about the crowdworker co-operative. Originality/value Drawing on theories of precarious labour, this study suggests an explanation for the findings based on US-based workers’ objective and subjective experiences of precarity. The authors argue that for US-based crowdworkers “constructive” interventions such as a crowdworker co-operative have more potential to improve labour conditions. (shrink)

In “Was I Ever a Fetus?” I argued that, since each of us was once an unthinking fetus, psychological continuity cannot be necessary for us to persist through time. Baker claims that the argument is invalid, and that both the premise and the conclusion are false. I attempt to defend argument, premise, and conclusion against her objections.

In 1924, not quite two years after receiving his doctorate from the University of Vienna, Eric Voegelin was named a Laura Spelman Rockefeller Memorial Fellow and thus given the opportunity to pursue postdoctoral studies in the United States. For the next twenty-four months, Voegelin worked with some of the most creative scholars in America and at several of the country's great universities, an experience that undoubtedly influenced his scholarly and personal perspectives throughout his life. A more immediate result was (...) the publication in 1928 of _On the Form of the American Mind,_ the young philosopher's first major work, in which his acute perceptions and analyses combine with a conceptual vocabulary struggling to find its own coherence and form. Voegelin begins his inquiry into the form of the American mind with a complex discussion of the concepts of time and existence in European and American philosophy and continues with an extended interpretation of George Santayana, a study of the Puritan mystic Jonathan Edwards, a presentation on Anglo-American jurisprudence, and a consideration of the historian, economist, and political scientist John R. Commons. Although admitting that this diversity of themes seems only loosely connected," Voegelin demonstrates the actual overall unity of these various subjects: each concerns linguistic expressions of a theoretical nature. Analysis of _On the Form of the American Mind_ indicates that Voegelin integrated the approaches of _Lebensphilosophie_ into what Georg Misch called the "philosophical combination of anthropology and history," which characterized contemporary trends within the discourse of the _Geisteswissenschaften_ and finally resulted in a theoretical paradigm of philosophical anthropology. Jürgen Gebhardt and Barry Cooper provide access to this brilliant study with their two-part introduction. The first part considers _On the Form of the American Mind_ in the context of methodological debates ongoing in Germany at the time Voegelin was writing the book; the second describes Voegelin's American experience and compares his work with similar studies written during the post-World War I period. (shrink)

In Rogers, the Court of Appeal held that the decision of Swindon N.H.S. Primary Care Trust to refuse to fund Herceptin for the treatment of Ann Rogers against breast cancer was irrational. The P.C.T. maintained that their decision was not resource driven but based on the fact that Herceptin was, at that time, not licensed by the European Medicines Agency (E.M.E.A.) for use in early stage breast cancer. Yet it was prepared to fund its use in ‹exceptional circumstances’ which could (...) only be based upon the personal situation of the patient. In this note, I focus upon the ‹exceptionality’ argument in the context of the patient as consumer of healthcare and women as carers. I argue for a focus upon caring rather than consumerism in healthcare. (shrink)

Without any doubt communication can move people to do things which they did not want without communication. The article interrogates, why communication is able to do that, what the sources of the power of communication are – namely on the other side from violence and authority. In discussion with the sociological, communication-scientific and speech-act literature the thesis is developed that the communication power appears when the communication partners have developed a relationship of respect. In such a relationship communication possesses the (...) power to strengthen identity or to damage. The power of communication therefore results on relationship of respect and the identity-making ability of communication. (shrink)

Interprétant l’histoire de l’humanité comme la suite discontinue dans le temps des différents degrés d’ouverture de l’âme humaine au mystère du fondement de l’être, Eric Voegelin a cherché à rompre avec toutes les visions unilinéaires de l’histoire qui ont caractérisé la pensée occidentale depuis le XVIIIe siècle et ont constitué une forme désastreuse d’impérialisme spirituel. En 1970, le philosophe a voulu rendre explicites les principes de sa démarche dans un article intitulé « Equivalences of experience and symbolisation in history (...) ». C’est ce texte qui est ici traduit en français pour la première fois.Les équivalences de l’expérience et de la symbolisation dans l’histoire Interpreting the history of mankind as the discontinued temporal succession of the various degrees of openness of the human soul to the mystery of the ground of being, Eric Voegelin has tried to break with all the one-line histories, characteristic of the Western thought since the eighteenth century and forming a disastrous kind of spiritual imperialism. In 1970, the philosopher wanted to clarify the principles of his thought processes in an article entitled « Equivalences of experience and symbolisation in history ». This text is translated here in French for the first time. (shrink)

Kant's sustained reflections on God have received considerable scholarly attention over the years and rightly so. His provocative criticisms of the three traditional theoretical proofs of the existence of God, and his own positive proof for belief in God's existence on moral grounds, have fully deserved the clarification and analysis that has occurred in these discussions. What I want to focus on, however, is the extent to which Kant's position contains resources sufficient to answer a line of questioning about the (...) existence of God that has recently been called the problem of the ‘hiddenness of God’ in contemporary discussions in philosophy of religion. If God exists roughly as the Judeo-Christian philosophical tradition conceives of him, it is puzzling, at least prima facie, why he does not make his existence overwhelmingly obvious to one and all, but rather is hidden from us. For if God is omnipotent, as the tradition maintains, it seems that he would have the power to reveal himself to us and, for that matter, with sufficient clarity that we would be left with no doubt about the matter. And if, as the tradition maintains further, it is important to God that we accept his existence and reject false idols who would pretend to divine status, it would seem that he has a significant reason to reveal himself to us. In short, given that God can make his existence obvious to all, and that doing so would fulfil an important purpose, why does he remain hidden from us? (shrink)

The article discusses Lynne Rudder Baker's view in Persons and Bodies and how it relates to animalism.

Children and individuals with developmental disabilities compared to typical participants are disadvantaged not only by virtue of being vulnerable to risks inherent in research participation but also by the higher likelihood of exclusion from research altogether. Current regulatory and ethical guidelines although necessary for their protection do not sufficiently ensure fair distributive justice. Yet, in view of disproportionately higher burdens of co-occurring physical and mental disorders in individuals with DD, they are better positioned to benefit from research by equitable participation. (...) Greater elucidation of this ethical dilemma is called for by researchers, institutional review boards, and funding agencies to urgently redress the imbalance. This article discusses many of the regulatory principles to ensure better research participation of children and individuals with DD: human rights, validity, distributive justice, beneficence/nonmaleficence, and autonomy. (shrink)

One critique of the early Daoist texts associated with Laozi and Zhuangzi is that they neglect the human and lack a proper sense of ethical personhood in maintaining the primacy of an impersonal dehumanizing “way.” This article offers a reconsideration of the appropriateness of such negative evaluations by exploring whether and to what extent the ethical sensibility unfolded in the Zhuangzi is aporetic, naturalistic, and/or religious. As an ethos of cultivating life and free and easy wandering by performatively enacting openness (...) and responsiveness to things in an immanent this-worldly context, the Zhuangzi is oriented toward the relational attunement of disposition and practice rather than toward metaphysics or religion in a transcendent sense. It consequently suggests an immanent anarchic ethics without principles while neither forgetting nor reifying the sacred and the mundane in its playful illumination of the biospiritual dynamics of cultivating life. (shrink)

Clement of Alexandria lived and taught in the most lively intellectual centre of his day. This book offers a comprehensive account of how he joined the ideas of the New Testament to those of Plato and other classical thinkers. Clement taught that God was active from the beginning to the end of human history and that a Christian life should move on from simple faith to knowledge and love. He argued that a sequence of three elliptical relations governed the universe: (...) Father and Son, God and humanity, humans and their neighbours. Faith as a fixed conviction which is also a growing mustard seed was joined to Plato's unwavering search for the best reason. The open heaven of prophecy became intelligible through Plato's ascending dialectic. This book will be invaluable in making this outstanding thinker of the early Church accessible to the students of today. (shrink)

Does which side of the fence we are on determine our perceptions of justice? Philosopher Eric M. Cave argues that rules of justice would benefit the members of a community little if individuals lacked an effective desire to comply with these rules. However, sometimes a sense of justice appears to do no more than to limit what individuals can do in pursuit of their own ends. Cave presents a provocative vehicle for self-examination.

Is wisdom a virtue? I think it is and also that it is an important virtue. But, it should be granted at the outset that the claim is controversial, that there are philosophers who either do not think of wisdom as a virtue1, or do not think of it as relevantly similar to other virtues. For example, Stanley Godlovitch comments: Wisdom sits alone. We cannot rehearse or practice it. We cannot be prompted to assume it—wheth er for our sake or (...) for the sake of others. We cannot expect, should we be in possession of it, to win friends and influence people. Wisdom calls into prominence a state of mind rather than a readiness to act in specified ways. As such, its status as a virtue must remain rather aloof.2. (shrink)