Only one year after the global wave of protest movements and revolts—starting with the ‘Arab Spring’, then, subsequently, the Indignados movement and Occupy- our appreciation of such movements turned sour. The aim of this contribution is to question the predominantly sceptical and defeatist discourse on these movements. One element central to many defeatist discourses on the 2011 movements, is the way in which a lack of demonstrable ‘outcomes’ or ‘successes’ is retrospectively ascribed to them. Therefore, an alternative approach should be (...) formulated, which would allow us to recognise the significant or valuable aspects of these movements and their practices, without downplaying them as ‘unsuccessful’ or ‘failures’ altogether. Pierre Rosanvallon’s concept of ‘counter-democracy’ and Hardt and Negri’s perspective of a ‘Multitude’ will be evaluated as alternative approaches to current political movements. Although they are meritorious, both perspectives do not go far enough and need further articulation. The notion of ‘prefiguration’, originally derived from contemporary anarchist discourse, could be beneficial to this endeavour. After defining and deepening this concept from an anarchist perspective, it will be applied to one particular context: the occupation of Tahrir Square in Cairo, during the 2011 revolution in Egypt. As will be concluded, in its application this concept of ‘prefiguration’ could teach us more about the recent wave of protest movements in general, and could help us to formulate a different approach to such movements. (shrink)

Schopenhauer and Adorno on Bodily Suffering explores how the works of both philosophers revolve around an entwinement of pessimism and optimism, which links statements regarding the wrongness of the world to analyses of the human capability to experience compassion with bodily suffering and to the redeeming qualities of the arts.

This paper offers a two dimensional variation of Standard Deontic Logic SDL, which we call 2SDL. Using 2SDL we can show that we can overcome many of the difficulties that SDL has in representing linguistic sets of Contrary-to-Duties (known as paradoxes) including the Chisholm, Ross, Good Samaritan and Forrester paradoxes. We note that many dimensional logics have been around since 1947, and so 2SDL could have been presented already in the 1970s. Better late than never! As a detailed case study (...) illustrating the power of 2SDL, we examine the system DL of Deontic Logic of Andrew Jones and Ingmar Pörn offered in 1985 to solve the Chisholm paradox of Contrary to Duties. The critical examination is done using logics and methods available in 1985 and solutions are proposed using what was available in 1985. (shrink)

Legal-Philosophical Propositions. It is possible to write a Kelsenian ‘Legal-Philosophical Tractate’ analogous to Wittgenstein’s Tractatus Logico-Philosophicus. The following main and first sub-propositions analogous to the main and first sub-propositions of the Tractatus are a proof thereof and give an initial impetus to it: “May others come and do it better”. Unlike Wittgenstein’s Tractatus, that ends with the famous main proposition 7 that one should be silent about what cannot be spoken, a Kelsenian Tractate would not end with an analogous main (...) proposition 7, but with two sub-propositions that show the value of both ‘the speaking’ and ‘the silence’ of positive law. (shrink)

My article investigates the paradoxical dualism in Kelsen’s Pure Theory of Law, in which exists on the one hand a strict distinction and on the other hand a necessary relation between Is and Ought. I shall further try to answer the question whether Kelsen’s pure theory tacitly assumes in the conditions for validity of the positive legal order a basic value and underlying condition, namely, that of ‘social peace’. In order to answer that question, I will first sketch why Kelsen (...) actually differentiates Is and Ought and conceives of a relation between both categories. Then I will examine if and in what way the conditio tacita of social peace is implied in the conditions for legal validity. The concluding section will suggest what this implication possibly means for the valuation of the Pure Theory of Law and of its normative concept of the positive legal order. (shrink)

This article paradoxically tries to come closer to an idea of justice with the help of the destructive — anything but nihilistic — criticism thereof by Hans Kelsen. It argues that his relativistic approach, in which this idea undergoes a metamorphosis to become a realisable value of a social order, brings us closer to an obvious and objective form of justice that is almost taken for granted. Just in our liberal and plural democracy this approach might prove to be of (...) more value than a transcendental theory that passes speculative judgements on the essence of absolute justice, about which we are unable to come to an agreement. (shrink)

Adorno's moral philosophy is famously problematic. One of the main reasons for this is that it revolves around the moral addendum: a physical impulse of solidarity with suffering beings that, he argues, cannot and should not be rationalized. I show that, since this moral addendum remains vague and since Adorno's radical negativity forces him to dismiss as uncritical all other approaches to morality, he deliberately places his thought in danger of relapsing into irrationality. Most commentators therefore disagree about the manner (...) in which Adorno's references to the moral addendum can be translated into a moral theory. In this paper, I bring in some often overlooked material to form a more complete overview of the issues at hand and to adjudicate this contested area. I do this by briefly discussing Schopenhauer's moral observations on Mitleid and by focusing on Adorno's references to animal cruelty and corporeality. Although this interpretation stays close to Adorno's observations on the moral addendum, it forces us to accept that his moral philosophy is rather weak. I conclude, however, that this weakness reflects a disturbing aspect of reality and in that sense has critical value. (shrink)

Research into Kelsen’s conception of judicial justice seems at first sight contradictory to his own Pure Theory of Law. Upon closer consideration this prima facie contradiction turns out to be only an appearance due to the paradoxical effect that is produced by Kelsen’s pure theory of law itself. By revealing three paradoxical effects of Kelsen’s work in this article, I try to show that research into a Kelsenian representation of judicial justice is not only possible but also meaningful. The first (...) paradox originates from Kelsen’s formalised and value-free concept of law, which unexpectedly confronts the judge with his moral responsibility for the material valuation of the law. Secondly, a paradox arises from Kelsen’s rationalised notion of relative justice, which in fact forces the judge to be absolutely convinced of the moral rightness of his judgement. The third paradox is a result of Kelsen’s idea of objectivised ‘social peace’, by which the judge just realises the subjective and irrational demands of justice. From my analysis of these three seeming contradictions in Kelsen’s pure theory of law emerges an apparent Kelsenian representation of judicial justice. Starting from his pure theory of law it should be possible to conceive of a ‘pure’ form of administration of law, which would stipulate social peace as a condition for the ‘purity’ of a judicial judgement. I even imagine that Kelsen considered peace as a conditio tacita for the validity of the whole legal order, just as he regarded the basic norm as conditio per quam and effectivity as conditio sine qua non for the validity of the legal order. In any case, according to Kelsen’s conception of judicial justice, social peace proves to be the implicit or tacit condition for a ‘pure’ judgement. With that this ‘pacifying jurisprudence’ can be understood as a surprising paragon of a ‘pure’ administration of justice, on the understanding that peace is not a sufficient but an obvious condition for a just administration of law. That this should also apply mutatis mutandis for Kelsen’s concept of the legal order as a whole will be made subject of further research. (shrink)

Hans Kelsen is renowned in the world of legal philosophy as one of the most important legal scholars of the 20th century and his most important work which brought him this renown, Pure Theory of Law, is therefore ‘world famous’. However, he is less well known as a legal pacifist and his main writings on law and peace, such as Peace through Law, are very rarely studied and almost never considered in relation to his Pure Theory of Law. Even the (...) more recent studies of Kelsen’s theory of democracy, which increased familiarity with Kelsen as an advocate of democracy and actually looked at his political work in the light of the Pure Theory of Law, contain almost no systematic or critical consideration of the value of peace, although both Kelsen’s legal theory and his theory of democracy at least give cause for this. Whereas other studies have already made the connection between the concepts of law and democracy in Kelsen’s work, this thesis concentrates on the concepts – also closely connected in his work – of law and peace. With this new approach this thesis hopes to contribute to a re-evaluation of Kelsen’s positivist legal philosophy by showing that the undervalued yet essential aspect of his legal pacifism can be understood as the tacit, ethical meaning of the Pure Theory of Law. (shrink)

Religious and secular convictions have powerful effects, but their fundaments are often surprisingly fragile. Because of the conspicuous role that nationalisms, populisms, and fundamentalisms have in our globalizing world it is essential not to take their strength for granted, but to acknowledge that conviction and doubt are part of the same dynamic. The chapters in this volume demonstrate that doubt and hesitation are daily concerns even among the Maoist movement in India, right-wing populists in Europe and newly pious Somali Muslims (...) in London. In fact, new converts are often such stringent believers precisely because they need to dispel their own lingering doubts, while revolutionary movements survive only through the denial of ambiguity. By studying everyday doubt this volume unravels the mechanisms by which convictions gain and lose their force, and analyzes the dynamics that propel loosely held ideas into committed action. Whereas a focus on overcoming doubt highlights the exclusionary effects of committed action, attention to the breakdown of belief serves to better understand the cycles of hope, conviction, and disillusion that bespeak the human condition. This is the central theme in several chapters looking at ideological break-down. The collapse of communism, for instance, produced an epistemological crisis in which all knowledge became unstable, prompting gold-miners in Mongolia to go as far as to doubt the cosmos. The post-ideological environment of Western democracies also produces anxieties, as the break-down of the bonds of trust between governments and citizens results in feelings of betrayal. Questions of truth and action are always related: if nothing is worth fighting for then apathy and hopelessness may become symptomatic. By paying attention to the mechanisms and dynamics by which specific ideas gain and lose their credibility this volume sheds important new light on the role of ideas in social and political action. (shrink)

Several studies have indicated that scientists are likely to have an outlook on both facts and values that are different to that of lay people in important ways. This is one significant reason it is currently believed that in order for scientists to exercise a reliable ethical reflection about their research it is necessary for them to engage in dialogue with other stakeholders. This paper reports on an exercise to encourage a group of scientists to reflect on ethical issues without (...) the presence of external stakeholders. It reports on the use of a reflection process with scientists working in the area of animal disease genomics (mainly drawn from the EADGENE EC Network of Excellence). This reflection process was facilitated by using an ethical engagement framework, a modified version of the Ethical Matrix. As judged by two criteria, a qualitative assessment of the outcomes and the participants’ own assessment of the process, this independent reflective exercise was deemed to be successful. The discussions demonstrated a high level of complexity and depth, with participants demonstrating a clear perception of uncertainties and the context in which their research operates. Reflection on stakeholder views and values appeared to be embedded within the discussions. The finding from this exercise seems to indicate that even without the involvement of the wider stakeholder community, valuable reflection and worthwhile discourse can be generated from ethical reflection processes involving only scienitific project partners. Hence, the previous assumption that direct stakeholder engagement is necessary for ethical reflection does not appear to hold true in all cases; however, other reasons for involving a broad group of stakeholders relating to governance and social accountability of science remain. (shrink)

This paper offers a two dimensional variation of Standard Deontic Logic SDL, which we call 2SDL. Using 2SDL we can show that we can overcome many of the difficulties that SDL has in representing linguistic sets of Contrary-to-Duties (known as paradoxes) including the Chisholm, Ross, Good Samaritan and Forrester paradoxes. We note that many dimensional logics have been around since 1947, and so 2SDL could have been presented already in the 1970s. Better late than never! As a detailed case study (...) illustrating the power of 2SDL, we examine the system DL of Deontic Logic of Andrew Jones and Ingmar Pörn offered in 1985 to solve the Chisholm paradox of Contrary to Duties. The critical examination is done using logics and methods available in 1985 and solutions are proposed using what was available in 1985. (shrink)

Of hermeneutics and style: how to read Westphal -- Recontextualization: a Westphalian aufhebung? -- Westphal and Hegel: judging religion through politics -- Hegelians in heaven, but on earth ...: an "unfounding," Kierkegaardian faith -- Religiousness: the expression of faith -- Faith seeking understanding: Westphal's postmodernism -- Intermediary conclusions: the believing soul's self-transcendence -- Radical eschatology: Westphal, Caputo, and onto-theology -- Comparative eschatology: Westphal's theology, Kearney's philosophy, and Ricoeurian detours -- Westphal as a theologian and why it matters.

The possibilities of non-invasive prenatal testing (NIPT) are expanding, and the use of NIPT for adult-onset conditions may become widely available in the near future. If parents use NIPT to test for these conditions, and the pregnancy is continued, they will have information about the child’s genetic predisposition from birth. In this paper, we argue that prospective parents should be able to access NIPT for an adult-onset condition, even when they have no intention to terminate the pregnancy. We begin by (...) outlining the arguments against testing in such a situation, which generally apply the same considerations that apply in the predictive testing of a minor to the fetus in utero. We then contend, firstly, that there are important practical considerations that support availability of testing for prospective parents regardless of their stated intentions. Secondly, we object to the ethical equation of a fetus in utero with a minor. We base our analysis on a view of pregnancy that conceptualises the fetus as a part of the gestational parent, as opposed to the more common ‘container’ model of pregnancy. We suggest that fetal information is best conceptualised as shared information between the gestational parent and future child. Thus, it should be approached in similar ways as other kinds of shared information (such as genetic information with implications for family members), where a person has a claim over their own information, but should be encouraged to consider the interests of other relevant parties. (shrink)

The representation of reality is a fundamental concept in the perception of theworld. Its historical consideration leads to an understanding of historical andcontemporary culture. In this paper we specifically investigate theanthropometric stage of cultural development as a historical world view. Wedefine this stage on the basis of René Girard's hypotheses on the origin ofculture, and we isolate its principles. Next, we consider the function of art asthe representation of cultural values. We investigate the three major motivesof artistic representation in the (...) anthropometric stage, i.e. beauty, dramatizationand mimesis. We show how and why these motives play an essential partin the obfuscation and explanation of the origin of culture. Finally, we showhow these developments are dealt with in the aesthetics of Plato and Aristotle. (shrink)

Bioethics, Volume 36, Issue 2, Page 162-169, February 2022.

El artículo responde al intento de sistematización del pensamiento agustiniano sobre la predestinación, hecho por G. Kraus, señalando sus aciertos y sus errores. Por otra parte, demuestra que el tema de la predestinación no ocupa un lugar relevante en la obra antipelagiana, subrayando la importancia y los matices que añade el hecho de que los destinatarios de las obras sobre la predestinación sean monjes.

El artículo trata de la manera en que Agustín presenta a sus "auctoritates" en la discusión con Juliano de Eclana y cómo las usa en su polémica. Sin detenerse en los contenidos de los textos citados ni en los asuntos teológicos en cuestión en el debate entre Juliano y Agustín, presenta las quejas y críticas de Juliano. Después se ofrece un esbozo de cómo Agustín presenta a cada uno de sus doctores. Finalmente, examina cómo son usados estos Padres en la (...) defensa que hace Agustín. (shrink)

Einstein Meets Magritte: An Interdisciplinary Reflection presents insights of the renowned key speakers of the interdisciplinary Einstein meets Magritte conference (1995, Brussels Free University). The contributions elaborate on fundamental questions of science, with regard to the contemporary world, and push beyond the borders of traditional approaches. All of the articles in this volume address this fundamental theme, but somewhere along the road the volume expanded to become much more than a mere expression of the conference's dynamics. The articles not only (...) deal with several scientific disciplines, they also confront these fields with the full spectrum of contemporary life, and become new science. As such, this volume presents a state-of-the-art reflection of science in the world today, in all its diversity. The contributions are accessible to a large audience of scientists, students, educators, and everyone who wants to keep up with science today. (shrink)

This volume brings together for the first time the diverse threads within the growing field of serendipity research, to reflect both on the origins of this emerging field within different disciplines as well as its increasing influence as its own field with foundational texts and emerging practices. The phenomenon of serendipity has been described in many ways since Horace Walpole initially coined the term in 1754 to categorize those discoveries that happen by “both accidents and sagacity”. This book offers a (...) sampling of perspectives from experts in serendipity research from organizational studies, management theory, information science and library studies, psychology, literature, computer science, social science, ethics, and the history and philosophy of science. Considerations about the importance and role of serendipity are being raised now across science (both empirical and theoretical) as well as practice (from art and innovation to leadership and governance), with ever more eyes looking closer at its significance in human history and the likelihood it will play a key, while unpredictable, role in forming our future. Serendipity Science represents an emerging, and also important and potentially necessary field of study, if we are to deal well as a society with our complex times and uncertain future. (shrink)

Innovation processes are extremely complex and opaque, which makes it tough or even impossible to govern them. Innovators lack control of large parts of these developments and lack of foreknowledge about the possible consequences of emerging technologies. Because of these features some scholars have argued that innovation processes should be structurally reformed and the agent-centered model of responsibility for innovation should be dismissed altogether. In the present article it will be argued that such a structural idea of responsible research and (...) innovation presumes rational agents who can be motivated by reasons. Instead of dismissing the agent-centered approach to responsibility for innovation processes a virtue ethical approach will be developed. Virtues should be considered as the intellectual and moral dispositions presumed for good decision making. It will be shown that creativity and eagerness are creditable character traits that have a distinct positive value for managing the opaqueness of innovation processes. Such traits are mandatory for change and betterment. Furthermore, it will be argued that the notion of responsibility of innovators should not be understood merely as means for constraining them but also as a tool to perpetuate their integrity and happiness. Through discussing the captivating examples of Steve Jobs and the protagonist of Mary Shelley’s Frankenstein it will be shown how to apply this virtue ethical framework for innovators in practice. (shrink)

This article examines Re Imogen (No 6) (2020) 61 Fam LR 344, a decision of the Family Court of Australia, which held that an application to the Family Court is mandatory if a parent or a medical practitioner of a child or adolescent diagnosed with gender dysphoria disputes the diagnosis, the capacity to consent, or the proposed treatment. First, we explain the regulatory framework for the medical treatment of gender dysphoria in children and adolescents, including the development of the welfare (...) jurisdiction under Section 67ZC of the Family Law Act 1975 (Cth). We then provide an overview of the Re Imogen decision, and discuss the balancing exercise involved in determining a child’s best interests in the medical treatment context. We challenge the Family Court’s conclusion that, in relation to a dispute about diagnosis or treatment, a finding that the child or adolescent is Gillick competent to consent to treatment is not determinative, and the Family Court must determine the dispute. We argue that this conclusion represents an unjustified incursion into the right of Gillick competent transgender children and adolescents to make decisions about their own bodies and identities, and that the protective role of parents and the Family Court cannot justify interfering with their bodily autonomy in this context. Finally, we propose an alternative regulatory framework that removes the Family Court from the medical treatment process for gender dysphoria in circumstances of dispute between a parent and their Gillick competent child. (shrink)

Martin Sand explores the problems of responsibility at the early, visionary stages of technological development. He discusses the increasingly dominant concept of innovation and outlines how narratives about the future are currently used to facilitate technological change, to foster networks, and to raise public awareness for innovations. This set of activities is under increasing scrutiny as a form of “visioneering”. The author discusses intentionality and freedom as important, albeit fuzzy, preconditions for being responsible. He distinguishes being from holding responsible and (...) explores this distinction’s effects on the problem of moral luck. Finally, he develops a virtue ethical framework to discuss visioneers’ and innovators’ responsibilities.​. (shrink)

The nexus of the moral luck debate is the control principle, which says that people are responsible only for things within their control. In this paper, I will first argue that the control principle should be restrained to blameworthiness, because responsibility is too wide a concept to square with control. Many deniers of moral luck appeal to the intuitiveness of the control principle. Defenders of moral luck do not share this intuition and demand a stronger defence of the control principle. (...) I will establish a defence of the control principle based on the value of simplicity for selecting a theory of blameworthiness. A simpler theory of blameworthiness is more likely to be true, and not being falsely judged blameworthy is desirable. I will conclude that simplicity advices the acceptance of the control principle over other theories of blameworthiness that embrace factors beyond control. (shrink)

There is a need for empirically based research on social and ethical challenges related to informed consent processes, particularly in studies focusing on adolescent sexual and reproductive health. In a pilot study of a school-based pregnancy prevention intervention in rural Zambia, the majority of the guardians who were asked to consent to their daughters’ participation, refused. In this paper we explore the reasons behind the low participation in the pilot with particular attention to challenges related to the community engagement and (...) informed consent process. The pilot was implemented in two schools and examined the acceptability of a package of interventions including economic support to families to keep their girls in school, pocket money for girls, youth club meetings on reproductive health, and community meetings to sensitize the community. Focus group discussions were conducted with girls who participated in the pilot, boys in their class and with parents. Individual semi-structured interviews were conducted with teachers, peer educators and community health workers involved in the coordination of the intervention as well as with religious and traditional leaders. Data were analyzed through thematic analysis. The findings indicate that inadequate use of recognized community communication channels during the community engagement process and dissemination of information about the pilot resulted in limited understanding of the pilot concept by the community. This surfaced through uncertainty and fear that the intervention may result in loss of control over daughters, worries about why money was provided unconditionally to girls, and suspicion of links to satanism. The sense of insecurity appeared to be exacerbated by low literacy levels, poverty, fear of loss of bride wealth, perceived disregard for local perceptions of social status, and scanty trust in the actors implementing the pilot. Inadequate use of locally appropriate channels in the dissemination of information created room for interpretation and facilitated development of mistrust, undermining the conditions for community engagement and actual informed consent. A key lesson learnt is the importance of taking seriously the complexity of local values and structures that may impact people’s capability to consent or not consent to a study in an informed manner. (shrink)