This article investigates how Latin American women who migrate to the US frame their language experiences through narratives told in sociolinguistic interviews. As narratives reflect and shape social realities and relationships, narrative analysis can illuminate how individuals position themselves relative to language obstacles and ideologies, thus providing insights into processes that are central to the migration experiences of millions of individuals. We found that women related two types of stories: language conflict narratives, in which language was presented as part of (...) a broader ethnic or social conflict, and language difficulty narratives, which focused on individual, personal problems with language experienced by protagonists. Our analysis illustrates how interviewers’ questions, and the interviewees’ language conflict narratives in particular, confirm, reproduce, but also contest central language ideologies and dominant discourses about migration in the US. (shrink)

In Summa Theologiae I.76.1 Aquinas presents an argument for the hylomorphic union of body and soul that he attributes to Aristotle. Aquinas builds on Aristotle’s original argument, however, offering his own short but powerful line of reasoning in support of one of the main premises. This additional argument involves an appeal to the principle that nothing acts except insofar as it is in act. This principle has roots in the thought of Aristotle, but is not explicitly used by him. It (...) is, however, fundamental for Aquinas and pervasive throughout his work. In this paper I examine the principle and its implications for Aquinas’ version of the argument. Furthermore, I argue that the principle is foundational to Aquinas’ criticisms of Averroes’ account of the intellective soul and that its inclusion renders Aquinas’ version of the argument incompatible with Averroes’ view. (shrink)

Classical Islamic thinker Ibn Rushd is widely recognized for his commentaries on Aristotle and his influence on Western Medieval and Renaissance thinkers. Understandably, his contributio...

ABSTRACT Sexting has become a prominent part of adolescent culture. Under current laws, adolescents caught sexting are being arrested, facing child pornography charges, and having to register as sex offenders. State laws on child pornography and child abuse differ throughout the United States and conflict with federal laws, making the ethical obligations for psychologists unclear. The purpose of this article is to promote awareness about legal obligations regarding adolescent sexting, address the ethical dilemma that psychologists face when adolescent sexting is (...) disclosed during psychological treatment, and to provide implications and recommendations for psychologists. (shrink)

Animal welfare science and ecology are both generally concerned with the lives of animals, however they differ in their objectives and scope; the former studies the welfare of animals considered ‘domestic’ and under the domain of humans, while the latter studies wild animals with respect to ecological processes. Each of these approaches addresses certain aspects of the lives of animals living in the world though neither, we argue, tells us important information about the welfare of wild animals. This paper argues (...) for the development of a new scientific discipline ‘welfare biology’ to address these issues and more, given the deficiencies of pre-existing life science disciplines to research the subject. Welfare biology is the study of the welfare of all living beings who have a welfare, with a value orientation toward promoting that welfare, regardless of the beings’ situation or relationship to humans and our activities. (shrink)

On September 8, 2015, the Department of Health and Human Services issued a Notice of Proposed Rule Making to revise the Federal Policy for the Protection of Human Subjects, widely known as the “Common Rule.” The NPRM proposes several changes to the current system, including a dramatic shift in the approach to secondary research using biospecimens and data. Under the current rules, it is relatively easy to use biospecimens and data for secondary research. This approach systematically facilitates secondary research with (...) biospecimens and data, maximizing the capacity for substantial public benefit. However, it has been criticized as insufficiently protective of the privacy and autonomy interests of biospecimen and data sources. Thus, the NPRM proposes a more restrictive regime, although more so for biospecimens than data. Both the status quo and the NPRM's proposal are critically flawed. (shrink)

The investigator seeks guidance related to a planned recruitment strategy of requiring participants to live within close proximity to the study site for the 32-week Phase II study examining the saf...

This study investigates ethical decision-making by considering the differences in ethical judgments between undergraduate business and MBA students on selected ethical issues facing employees and managers of today's businesses. The study further investigates differences in ethical judgments between undergraduates and MBAs in terms of a perceived position as an employee or as a manager. The findings indicate that undergraduate students tend to be more ethical than MBA students and that both groups tend to be more ethical when they perceive themselves (...) as managers rather than employees. The authors discuss the implications for both business practitioners and educators. (shrink)

Chronic pain is associated with high levels of mental health issues and alterations in cognitive processing. Cognitive-behavioral models illustrate the role of memory alterations in the development and maintenance of chronic pain as well as in mental health disorders which frequently co-occur with chronic pain. This study aims to expand our understanding of specific cognitive mechanisms underlying chronic pain which may in turn shed light on cognitive processes underlying pain-related psychological distress. Individuals who reported a history of chronic pain and (...) individuals who reported no history of chronic pain were recruited from MTurk to complete an online survey including standardized measures of anxiety and depression and two sentence completion tasks that assessed autobiographical memory and future thinking specificity and content. Chi square analyses revealed that participants who endorsed experiencing chronic pain were significantly more likely to recall at least one painful and negative event and to imagine at least one anticipated painful event in their future. Two ANCOVAs were performed to examine the degree to which chronic pain endorsement influenced specificity in memory and future imagining. Individuals with a history of chronic pain and higher levels of depression symptom severity generated autobiographical memories with significantly less specificity; whereas, individuals with a history of chronic pain also generated future autobiographical events with significantly less specificity. In addition, individuals with a history of chronic pain were more likely to generate episodes related to pain when asked to recall the past or imagine the future. Further research is needed to improve our understanding of the etiology of autobiographical memory and future thinking specificity and content in the pathogenesis of mental health conditions in the context of chronic pain. (shrink)

SummaryIntense, sustained nursing lengthens inter-birth intervals and is causally linked with low natural fertility. However, in traditional settings, the effects of such nursing on fertility are difficult to disentangle from those of nutrition. Results from an prospective, direct observational study of reproductive function in well-nourished Amele women who nurse intensively and persistently but who also have high fertility are here presented. Endocrine measures show that ovarian activity resumes by median 11·0 months postpartum. Median duration of postpartum amenorrhoea is 11·3 months, (...) time to next conception is 19·0 months, and the inter-birth interval is 28·0 months. Average life time fertility is 6·8. High fertility in Amele women is due both to refractoriness of reproductive function to suckling stimuli, and to maintenance of equivalent age-specific fertility rates across the reproductive life span. (shrink)

The use of list-learning paradigms to explore false memory has revealed several critical findings about the contributions of similarity and relatedness in memory phenomena more broadly. Characterizing the nature of “similarity and relatedness” can inform researchers about factors contributing to memory distortions and about the underlying associative and semantic networks that support veridical memory. Similarity can be defined in terms of semantic properties, lexical/associative properties, or structural properties. By manipulating the type of list and its relationship to a non-studied critical (...) item, we review the effects of these types of similarity on veridical and false memory. All forms of similarity reviewed here result in reliable error rates and the effects on veridical memory are variable. The results across a variety of paradigms and tests provide partial support for a number of theoretical explanations of false memory phenomena, but none of the theories readily account for all results. (shrink)

If stem cell-based therapies are developed, we will likely confront a difficult problem of justice: for biological reasons alone, the new therapies might benefit only a limited range of patients. In fact, they might benefit primarily white Americans, thereby exacerbating long-standing differences in health and health care.

State Medical Boards (SMBs) can take severe disciplinary actions (e.g., license revocation or suspension) against physicians who commit egregious wrongdoing in order to protect the public. However, there is noteworthy variability in the extent to which SMBs impose severe disciplinary action. In this manuscript, we present and synthesize a subset of 11 recommendations based on findings from our team’s larger consensus-building project that identified a list of 56 policies and legal provisions SMBs can use to better protect patients from egregious (...) wrongdoing by physicians. (shrink)

Education as Freedom is a groundbreaking edited text that documents and reexamines African-American empirical, methodological, and theoretical contributions to knowledge-making, teaching, and learning and American education from the nineteenth through the twenty-first century, a dynamic period of African-American educational thought and activism. Education as Freedom is a long awaited text that historicizes the current racial achievement gap as well as illuminates the myriad of African American voices and actions to define the purpose of education and to push the limits of (...) the democratic experiment in the United States. (shrink)

Since the beginning of the AIDS epidemic, the proportion of AIDS cases among women has continued to rise. Women constituted 23 percent of the AIDS cases reported to the Centers for Disease Control and Prevention in 1995, and 81 percent of these women were of childbearing age. It was not until 1991, however, that epidemiological studies of women were initiated. By comparison, the representation of HIV-infected women in clinical trials gradually has grown. Undoubtedly, a consequence of the increased numbers of (...) women in clinical and epidemiological research is the earlier identification of and more appropriate treatments for HIV-related syndromes when women present in the clinical setting. Despite this expanded focus on women, however, clear information to guide the treatment of HIV-infected women who are pregnant is still lagging behind. (shrink)

Since the beginning of the AIDS epidemic, the proportion of AIDS cases among women has continued to rise. Women constituted 23 percent of the AIDS cases reported to the Centers for Disease Control and Prevention in 1995, and 81 percent of these women were of childbearing age. It was not until 1991, however, that epidemiological studies of women were initiated. By comparison, the representation of HIV-infected women in clinical trials gradually has grown. Undoubtedly, a consequence of the increased numbers of (...) women in clinical and epidemiological research is the earlier identification of and more appropriate treatments for HIV-related syndromes when women present in the clinical setting. Despite this expanded focus on women, however, clear information to guide the treatment of HIV-infected women who are pregnant is still lagging behind. (shrink)

Institutional review boards and investigators are used to talking about risks of harm. Both low risks of great harm and high risks of small harm must be disclosed to prospective subjects and should be explained and categorized in ways that help potential subjects to understand and weigh them appropriately. Everyone on an IRB has probably spent time at meetings arguing over whether a three-page bulleted list of risk description is helpful or overkill for prospective subjects. Yet only a small fraction (...) of all the time and attention lavished on risk disclosure has been devoted to discussing whether and when potential benefit to subjects can reasonably be claimed and, if so, how it should be described in the consent form and process.Traditionally, IRBs and regulators have worked to ensure that clear lines can be drawn between research that, by definition, carries no potential for direct benefit — because it uses healthy volunteers or because it is not foreseeably focused on the development of treatments — and research that does have the development of effective treatments as its goal. (shrink)

Biomedical research is increasingly globalized with ever more research conducted in low and middle-income countries. This trend raises a host of ethical concerns and critiques. While community engagement has been proposed as an ethically important practice for global biomedical research, there is no agreement about what these practices contribute to the ethics of research, or when they are needed.

There are two broadly competing pictures of moral responsibility. On the view I favor, to be responsible for some action is to be related to it in such a way that licenses attributing certain properties to the agent, properties like blameworthiness and praiseworthiness. Responsibility is attributability. A different view understands being responsible in terms of our practices of holding each other responsible. Responsibility is accountability, which “involves a social setting in which we demand (require) certain conduct from one another and (...) respond adversely to one another’s failures to comply with these demands” (Watson, Philos Top 24:227–248, 1996). My concern here is the relation between moral responsibility and desert. Plausibly, if someone is morally responsible for something wrong then they deserve blame, and it is on the basis of them being morally responsible and its being wrong that they deserve blame. In this paper, I try to make progress toward understanding why it would follow that being morally responsible for something supports a desert claim. I propose to do this by exploring how the “two faces” of responsibility should proceed. An important upshot is that we gain a new currency by which to evaluate extant theories of responsibility that might favor one or the other conception: do they carry plausible desert commitments? To illustrate this benefit, I argue that accountability theory carries implausible implications for deserved praise. (shrink)

From the publication of The Possibility of Naturalism, Bhaskar’s critical naturalism or realism has argued for a dualistic social ontology of interpreting individuals and objective, ‘real’ social structures. In arguing for a dualistic ontology, Bhaskar commits himself to two antinomies; he insists that society is dependent on individuals but also independent of them, and that social action is always intentional but it also has non-intentional, material features. These antinomies are apparently resolved by appeals to emergence. In fact, the appeal to (...) emergence is merely a disguised regression into reification and the only genuine path out of these antinomies is the adoption of a fully hermeneutic social theory in line with the positions of Winch and Gadamer. (shrink)

This paper offers observations on people’s lived experience of the food system in Michigan during the early Covid-19 pandemic as an initial critical foray into the everyday pandemic food world. The Covid-19 crisis illuminates a myriad of adaptive food behaviors, as people struggle to address their destabilized lives, including the casual acknowledgement of the pandemic, then anxiety of the unknown, the subsequent new dependency, and the possible emergence of a new normal. The pandemic makes the injustices inherent in the food (...) system apparent across communities, demonstrating that food injustice destabilizes all members of the food system, regardless of their social location. The challenges of eating in a pandemic also reinforce the importance of building a sustainable food system; the challenges of food sovereignty and food sustainability are inextricably linked, and the pandemic lays this bare. (shrink)

In his defence of emergence, David Elder-Vass assumes that my hermeneutic position represents a form of individualism. Although a common reading of my position, the claim that I am in individualist is incorrect; I, too, recognize the centrality of collective phenomena to social reality. In fact, there is a close convergence between emergence and the hermeneutic sociology I advocate. However, there also remains an important divide between us. Despite his care to avoid reification, Edler-Vass descends into ontological dualism, conceptualizing society (...) in terms of structure and agency. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:SPACE-TIME AND THE COMMUNITY OF BEINGS: SOME COSMOLOGICAL SPECULATIONS INTRODUCTION XERT EINSTEIN, in his essay "Relativity and the Problem of Space," makes several interesting comments on the implications of relativity theory for the Newtonian concepts of absolute space and time. Among these are the following: Since the special theory of relativity revealed the physical equivalence of all inertial systems, it proved the untenability of the hypothesis of an aether (...) at rest. It was therefore necessary to renounce the idea that the electromagnetic field is to be regarded as a state of a material carrier. The field then becomes an irreducible element of physical description, irreducible in the same sense as the concept of matter in the theory of Newton.1 On the basis of the general theory of relativity..., space, as opposed to" what fills space," which is dependent on the coorrdinates, has no separate existence.2 There is no such thing as empty space, i.e., a space without field. Space-time does not claim existence on its own but only as a structural quality of the field. Thus Descartes was not so far from the truth when he believed he must exclude the existence of an empty space. The notion indeed appears absurd, as long as physical reality is seen exclusively in ponderable bodies. It requires the idea of the field as the representative of reality, in combination with the general principle of relativity, to show the true kernel of Descartes' idea; there exists no space " empty of field." 3 1 Albert Einstein, Relativity: The Special and the General Theory (New York, 1961), pp. 149-150. 2 Ibid., p. 155. s Ibid., pp. 155-156. 480 SPACE-TIME AND THE COMMUNITY OF BEING 481 Space-time is not necessarily something to which one can ascribe a separate existence, independently of the actual objects of physical reality. Physical objects are not in space, but these objects are spatially extended. In this way, the concept "empty space " loses its meaning.4 These statements raise some interesting questions for the philosopher working within the Judaeo-Christian metaphysical and cosmological tradition. Einstein's concept of the spacetime continuum constituted by the field (or by the plurality of fields seen as interrelated) amounts in effect to a reduction of space-time to relation, to that which is constituted by a universal relational network. One may ask whether this concept is, as many seem to believe, a demolition of the classical and Christian view of the world, or whether, on the contrary, it amounts to a rediscovery of that view from the perspective of the vocabulary of contemporary physics. To ask the question in a slightly different way: Does relativity have anything to do with relativism and hence with the anti-ontological thrust of the latter? This question inevitably involves us in the more general question how the physical structure of the cosmos does or does not reflect the ontological structure of being-i.e., how is the cosmos as known by physics related to the world-order as the intelligible object of a philosophical cosmology? How are the various levels of cosmic order, from inorganic matter to the human level, related to one another? It will be the contention of the present essay that the relativistic concept of the cosmos not only is not destructive of the classical and Christian one, but converges with it, because the latter is grounded in the concept of being as being, and being in turn must be understood as the universal concept and reality which has reality by virtue of the community of beings, i.e., by virtue of relation. These concepts will be further clarified in the course of the discussion. Let it be clearly understood, however, that what follows does not pretend to constitute a rigorous logical derivation of a cosmological system but is 4 Ibid.," Note to the Fifteenth Edition," p. vi. 482 GEORGE A. KENDALL rather a series of speculations, of brief glimpses of areas of convergence which have drawn attention to themselves in the course of the struggle for ontological and cosmological truth. As such, they are presented as a step along the way in the search for understanding, not as... (shrink)

This is the first investigation of timekeeping by the sun and stars and the regulation of the astronomically-defined times of Muslim prayer. The study is based on over 500 medieval astronomical manuscripts first identified by the author. A second volume and third volume, also published by Brill, deals with astronomical instruments for timekeeping and other computing devices.

Sociology today faces a number of serious challenges to its integrity as a discipline. As a synthesis of Weberian and Durkheimian traditions, the work of Randall Collins represents an innovative vindication of sociology in the early 21st century. This article explores Collins’s interaction ritual theory to demonstrate its contemporary utility. However, to highlight the importance of Collins’s work, it seeks to advance and refine it theoretically. Specifically, it seeks to develop Collins’s argument about the role of emotions and, specifically, effervescence, (...) in rituals. This paper argues that, while important, effervescence alone cannot be sufficient to ensure the conformity which is a typical feature of interaction and essential to explaining social order. Drawing on Goffman, Asch and Scheff, the paper argues that effervescence is underpinned by more robust mechanisms of honour and shame, themselves immediately connected to access to collective goods. In this way, the paper affirms the importance of Randall Collins’s work for sociology today. (shrink)

stance, Scotus adopts Anselm’s notion of a ‘(pure) perfection’ and elevates it to a fundamental principle of his metaphysics. Again, he distills Anselm’s Ontological Argument into something like its original Monologion components, and then treats each component part of the argument with a rigor and attention to detail far beyond anything Anselm suggested. In the case of Anselm’s so-called ‘two-wills’ theory, however, Scotus’s revisions are so extensive that they amount to a rejection of Anselm’s account, even though Scotus retains some (...) of Anselm’s terminology. I’ll begin by looking at Anselm’s initial presentation of the two-wills theory in his De casu diaboli (§1), and his later refinements of that account in his De concordia (§2). I’ll then look at Scotus’s deployment, revision, and rejection of Anselm’s theory in his three discussions of angelic sin: Lect. 2 d. 6 q. 2 (§3), Ord. 2 d. 6 q. 2 (§4), and Rep. 2 d. 6 q. 2 (§5). This will be followed by a brief look at whether Scotus’s theory of the self-regulating will is an adequate replacement for Anselm’s account (§6). (shrink)

ABSTRACT This essay reviews major areas of ethical debate with regard to biodefense, focusing on cases in which biodefense presents ethical problems that diverge from those presented by naturally‐occurring outbreaks of infectious disease. It concludes with a call for ethicists to study not only the ethical issues raised in biodefense programs, but also the ethics of biodefense more generally.

John Caiazza's essay raises important controversial issues regarding the contemporary debates between science and religion. His arguments are largely presented in a dichotomous and rather adversarial mode with which I strongly disagree. Unable to present a detailed counterargument in this brief reflection, I ask, What is being spoken about, and who is speaking? What is meant by science and religion here? Neither term can be taken as a unified, essentialist category; both comprise many historical layers, possess numerous internal complexities, and (...) invite a diversity of interpretations. I refer to the science of China, India, and the ancient Near East, all of which have fed into modern science, so that the sciences cannot be restricted to those of the modern West. Nor can religion be limited to the religious beliefs and practices of Western Christianity. I discuss the position/location/context of the author‐ Caiazza's as well as my own‐ after introducing Hans‐Georg Gadamer's idea of the “fusion of horizons,” which provides a rich vein for enhancing the debate between science and religion. To expand the respective horizons of their dialogue it will be important to move away from an adversarial, exclusionary spirit to a more collaborative and communicative framework that allows for the development of new ideals, new questions, new ways of knowing, and an ethical and socially responsible stance more centered on human needs and concerns. We may have to build an altogether new Athens and Jerusalem for this. (shrink)

Defining and measuring biodiversity is an important research area in biology, with very interesting theoretical and applied aspects. Numerous definitions have been proposed, and these definitions of biodiversity influence how it is measured. From the still commonly used measure of species diversity, through higher taxon diversity, molecular measures, ecological measures and indicator taxa, these measures have as their fundamental shortcoming the lack of an explicit consideration of the evolutionary context represented by phylogenies. Attempts have been made to incorporate phylogenetic considerations (...) into measuring biodiversity, but more hypothesis‐driven research needs to be done. A specific case study is presented of how this added emphasis on phylogeny‐based biodiversity measurement can influence the way in which research is directed and hypotheses are generated. The elucidation of the relationship of biodiversity to ecosystem functioning is a very timely concern with the unarguable loss of biodiversity this planet is experiencing, whichever way biodiversity is measured. (shrink)

In "The Law of Peoples", John Rawls proposes a set of principles for international relations, his "Law of Peoples." He calls this Law a "realistic utopia," and invites consideration of this Law from the perspectives of non-Western cultures. This paper considers Rawls's Law from the perspective of Engaged Buddhism, the contemporary form of socially and politically activist Buddhism. We find that Engaged Buddhists would be largely in sympathy with Rawls's proposals. There are differences, however: Rawls builds his view from the (...) idea of independent nation--states, while the Buddhists see the world more in terms of a single humankind, the members being highly interdependent with one another, and also with the physical world. The Buddhists would also push harder than Rawls for global structures building multilateralism, restrict more severely justifications for war and behavior in war, stress economic justice more heavily, and insist on all the human rights in the Universal Declaration of Human Rights. (shrink)

NO ANALOGY IS ADEQUATE FOR THE RELATIONS BETWEEN THE PERSONS OF THE TRINITY. A FAMOUS AND HELPFUL ONE OF ST AUGUSTINE’S IS DISCUSSED AND AN INADEQUACY SUGGESTED: TRIPLENESS OF PERSONS IS TOO RESTRICTED. ANOTHER LIMITED, BUT PARTLY OFFSETTING ANALOGY COUCHED IN TERMS OF ’MULTIPLE PERSONALITIES’ IN PSYCHOANALYTIC THEORY IS SPELLED OUT FOR EVALUATION.

In this paper I examine a recent scientific claim that travel into the past, so long as a ‘consistent’ trajectory is followed, may be possible. I then argue that the possibility of such travel has unexpected implications for the free will‐determinism debate. In particular, human existence may be, at best, determinate but uncaused.

Respect for autonomy is a central value in reproductive ethics, but it can be a challenge to fulfill and is sometimes an outright puzzle to understand. If a woman requests the transfer of two, three, or four embryos during fertility treatment, is that request truly autonomous, and do clinicians disrespect her if they question that decision or refuse to carry it out? Add a commitment to justice to the mix, and the challenge can become more complex still. Is it unfair (...) for insurance policies to exclude from coverage the costs of giving fertility to those who lack it or restoring fertility in those who have lost it? What does “just reproduction” look like in the face of multifarious understandings of both justice and autonomy and in light of increasingly complex and costly reproductive technologies? In today's dialogue about reproduction, medicine, and ethics in the United States, old ethical issues—such as whether women ought to be allowed to access pregnancy termination—are more contested than they have been in decades, while new technologies—like those used to edit the genes of human embryos—suggest that our species could face unprecedented questions about who should exist. As we considered the discussions accompanying these issues and contemplated a special report responding to them, we found ourselves consistently circling back to two ethical commitments: respect for autonomy and the pursuit of justice. As one of the nine essays in this collection asks, why should certain women receive help to establish a pregnancy while others are thrown in jail when they miscarry or their child is stillborn? Respect for autonomy is required where individuals have the ability to make fully informed and voluntary choices. Yet does respecting autonomy require acceding to all the choices of patients or consumers of medical care? We consider these and related questions in this special report from the Hastings Center Report. (shrink)

PurposeMedical humanities is a field which implies collaborative work across disciplines although the degree to which this actually occurs is unknown. Our purpose was to determine the degree of joint work in medical humanities through analysis of authorship and acknowledgements in the two main medical humanities journals.MethodsObservational survey of authorship. We studied authorship data in all papers published in the two major general medical humanities journals between 2009 and 2018.ResultsTwo-thirds of papers had single authors, of whom a majority declared a (...) single disciplinary affiliation. The titles of 60.8% of papers explicitly suggested collaborative content of which 19.9% had multiple authors from more than one discipline ; of the remainder, almost half had a single, single-disciplinary author. One-third of papers referenced one or more people in the acknowledgements. Among papers whose titles suggested humanities or medical content only, authorship lists of 10.2% and 17.9% respectively demonstrated collaborative scholarship.ConclusionsDespite considerable involvement from both humanities and medical practitioners, there is still substantial scope for enhanced emphasis on collaborative seminars and exchanges in the medical humanities and editorial policies to promote transparency of the nature of collaborative work among disciplines. Journal editors and editorial boards should reflect on the opportunity to promote enhanced visibility of joint work in scholarship in the medical humanities through reflection and review of current editorial policies. (shrink)

This essay presents a construct of constitutionalism. This is to do with more than a ?constitution?, or a ?corporate organisation?, or ?majority rule?. Constitutionalism is marked by a particular type of corporate rule, featuring a persistent (continuing) popular sovereignty, in which all who are governed are members, have a duty of mutual respect, enjoy an equal share in the vote, and are equally subject to the law. Under constitutionalism, the sovereign is perceived as bound by rules (in law) which that (...) sovereign cannot rise above. Constitutionalism underscores a procedure of non?exclusion, public rationality, and transparency. It is assumed to supply the most suitable philosophical and legal framework for most ?multiculturalist? theses. The essay extracts from British constitutional practice what it locates as the ?despatch?box? regime, and argues for this as a key principle in the management of all constitutionalist entities, including the European Union. (shrink)