Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the (...) role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating. (shrink)

BackgroundKnowledge development depends on an unbiased representation of the available evidence. Selective citation may distort this representation. Recently, some controversy emerged regarding the possible impact of swimming on childhood asthma, raising the question about the role of selective citation in this field. Our objective was to assess the occurrence and determinants of selective citation in scientific publications on the relationship between swimming in chlorinated pools and childhood asthma.MethodsWe identified scientific journal articles on this relationship via a systematic literature search. The (...) following factors were taken into account: study outcome (authors’ conclusion, data-based conclusion), other content-related article characteristics (article type, sample size, research quality, specificity), content-unrelated article characteristics (language, publication title, funding source, number of authors, number of affiliations, number of references, journal impact factor), author characteristics (gender, country, affiliation), and citation characteristics (time to citation, authority, self-citation). To assess the impact of these factors on citation, we performed a series of univariate and adjusted random-effects logistic regressions, with potential citation path as unit of analysis.ResultsThirty-six articles were identified in this network, consisting of 570 potential citation paths of which 191 (34%) were realized. There was strong evidence that articles with at least one author in common, cited each other more often than articles that had no common authors (odds ratio (OR) 5.2, 95% confidence interval (CI) 3.1–8.8). Similarly, the chance of being cited was higher for articles that were empirical rather than narrative (OR 4.2, CI 2.6–6.7), that reported a large sample size (OR 5.8, CI 2.9–11.6), and that were written by authors with a high authority within the network (OR 4.1, CI 2.1–8.0). Further, there was some evidence for citation bias: articles that confirmed the relation between swimming and asthma were cited more often (OR 1.8, CI 1.1–2.9), but this finding was not robust.ConclusionsThere is clear evidence of selective citation in this research field, but the evidence for citation bias is not very strong. (shrink)

How does microbiota research impact our understanding of biological individuality? We summarize the interdisciplinary summer school on "Microbiota, Symbiosis and Individuality: Conceptual and Philosophical Issues" (July 2019), which was supported by a European Research Council starting grant project "Immunity, DEvelopment, and the Microbiota" (IDEM). The summer school centered around interdisciplinary group work on four facets of microbiota research: holobionts, individuality, causation, and human health. The conceptual discussion of cutting-edge empirical research provided new insights into microbiota and highlights the value of (...) incorporating into meetings experts from other disciplines, such as philosophy and history of science. (shrink)

This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between H.L.A. Hart and Lon L. Fuller.

Critique of idealistic naturalism: methodological pollution in the main stream of American philosophy, by D. Riepe.--Ex nihilo nihil fit: philosophy's "starting point," by D. H. DeGrood.--An historical critique of empiricism, by J. E. Hansen.--Epilogue on Berkeley, by R. W. Sellars.--Mandala thinking, by A. Mackay.--An empirical conception of freedom, by E. D'Angelo.--Heidegger on the essence of truth, by M. Farber.--Minding as a material force, by H. L. Parsons.--The crisis of the 1890's and the shaping of twentieth century America, by R. B. (...) Carson.--Ideology, scientific philosophy, and Marxism, by J. Somerville.--Marx and critical scientific thought, by M. Marković.--Experimentalism extended to politics, by E. Guevara.--The unity of opposites: a dialectical principle, by V. J. McGill and W. T. Parry.--A need definition of "value," by R. Handy.--Alienation and social action, by A. Schaff.--Naturalism in the Tao of Confucius and Lao Tzu, by D. H.-F. Poe.--Bibliography (p. 260-269). (shrink)

The theoretical and empirical link between leadership and workplace bullying needs further elaboration. The aim of the study is to examine the relationship between quality of leadership and the occurrence of workplace bullying 2 years later. Furthermore, we aim to examine a possible mechanism from leadership to bullying using social community at work as mediator. Using survey data that were collected at two different points in time among 1664 workers from 60 Danish workplaces, we examined the total, direct and indirect (...) effects between quality of leadership and workplace bullying. Our results indicate that quality of leadership plays a role in establishing working conditions that lead to workplace bullying. Furthermore, social community at work fully mediates the effect of poor quality of leadership on workplace bullying. This longitudinal study adds to previous cross-sectional studies on the substantial role played by leaders in the bullying process. Within the leadership–bullying relationship, social community at work acts as a full mediator, adding a significant contribution to the discussion of mechanisms involved in the bullying process. Plausible explanations of this mechanism and practical implications are discussed. (shrink)

This article is about ‘role responsibility’ as understood by H. L. A. Hart in his taxonomy of responsibility concepts in his book, Punishment and Responsibility. More particularly, it focuses on what I call ‘public, institutional role responsibility’. The main arguments are that such role responsibility is based on authority and power rather than physical and mental capacity; and the foundation of role responsibility in authority has significant implications for what Hart referred to as ‘liability–responsibility’, which I unpack in terms of (...) ‘attribution’, ‘accountability’ and ‘liability’. The article addresses possible objections to the authority-based analysis of role responsibility based on the concept of ‘moral’ responsibility, and on understandings of what types of question are ‘philosophical.’. (shrink)

There is scarce research on the interaction between psychosocial working conditions and being a target of workplace bullying with individual characteristics as a moderator. We therefore examined 3,363 employees from 60 Danish workplaces to test whether sense of coherence moderates the relationship between the job demand-control model and bullying. This work is exploratory in nature, as no previous study to assess this moderation was found. Hierarchical linear regressions showed that demand-control model was significantly associated with bullying. Sense of coherence displayed (...) a significant though practically negligible moderating effect. This suggests that negative psychosocial working conditions are associated with bullying independently of personal characteristics, at least in terms of sense of coherence. (shrink)

The famous mid-20th century debate between Patrick Devlin and Herbert Hart about the relationship between law and morality addressed the limits of the criminal law in the context of a proposal by the Wolfenden Committee to decriminalize male homosexual activity in private. The original exchanges and subsequent contributions to the debate have been significantly constrained by the terms in which the debate was framed: a focus on criminal law in general and sexual offences in particular; a preoccupation with the so-called (...) “harm principle,” a sharp delineation of the realms of law and morality, and a static conception of the relationship between them. This article explores the limitations imposed by these various starting-points and argues for a holistic and symbiotic understanding of the relationship between law and morality. (shrink)

The editors welcome letters from readers, although we cannot guarantee that all will be published. To ensure timeliness, correspondents must respond to an article within seven weeks and not exceed two double‐spaced pages. Letters become the property of the editors and may be edited and shortened at our discretion.

Citing of previous publications is an important factor in knowledge development. Because of the great amount of publications available, only a selection of studies gets cited, for varying reasons. If the selection of citations is associated with study outcome this is called citation bias. We will study determinants of citation in a broader sense, including e.g. study design, journal impact factor or the funding source of the publication. As a case study we assess which factors drive citation in the human (...) literature on phthalates, specifically the metabolite mono phthalate. A systematic literature search identified all relevant publications on human health effect of MEHP. Data on potential determinants of citation were extracted in duplo. Specialized software was used to create a citation network, including all potential citation pathways. Random effect logistic regression was used to assess whether these determinants influence the likelihood of citation. 112 Publications on MEHP were identified, with 5684 potential citation pathways of which 551 were actual citations. Reporting of a harmful point estimate, journal impact factor, authority of the author, a male corresponding author, research performed in North America and self-citation were positively associated with the likelihood of being cited. In the literature on MEHP, citation is mostly driven by a number of factors that are not related to study outcome. Although the identified determinants do not necessarily give strong indications of bias, it shows selective use of published literature for a variety of reasons. (shrink)

The editors welcome letters from readers, although we cannot guarantee that all will be published. To ensure timeliness, correspondents must respond to an article within seven weeks and not exceed two double‐spaced pages. Letters become the property of the editors and may be edited and shortened at our discretion.

I prefer to put this in a letter to you instead of writing an article that would lead one to believe that I have any authority to speak on the subject of what has, in a roundabout way, become the H. and H. affair . In other words, a cause of extreme seriousness, already discussed many times although certainly endless in nature, has been taken up by a storm of media attention, which has brought us to the lowest of passions, (...) intense emotions, and even violence. I understand why people are talking about Victor Farias, who has contributed some unpublished information—with a polemical intent, it is true, that does not help one to appreciate its true value. But how has it happened that Philippe Lacoue-Labarthe’s book, published in 1987, was greeted by a silence that I am perhaps the first to break?1 It is because he avoids anecdotal accounts, all the while citing and situating most of the facts mentioned by Farias. He is severe and rigorous. He lays essential questions before us. 1. Philippe Lacoue-Labarthe, La Fiction du politique: Heidegger, l’art et la politique . I also cite Lacoue-Labarthe’s book, La Poésie comme experience , devoted to Paul Celan. Maurice Blanchot, one of France’s preeminent writers, has written, among many other books, The Last Man, Death Sentence, The Madness of the Day, and The Gaze of Orpheus and Other Literary Essays. Paula Wissing, a free-lance translator and editor, has recently translated Paul Veyne’s Did the Greeks Believe in Their Myths? (shrink)

Peter Abelard (1079–1142 ce) was the most wide‐ranging philosopher of the twelfth century. He quickly established himself as a leading teacher of logic in and near Paris shortly after 1100. After his affair with Heloise, and his subsequent castration, Abelard became a monk, but he returned to teaching in the Paris schools until 1140, when his work was condemned by a Church Council at Sens. His logical writings were based around discussion of the “Old Logic”: Porphyry's Isagoge, aristotle'S Categories and (...) On Interpretation and boethius'S textbook on topical inference. They comprise a freestanding Dialectica (“Logic”; probably c.1116), a set of commentaries (known as the Logica [Ingredientibus], c. 1119) and a later (c. 1125) commentary on the Isagoge (Logica Nostrorum Petititoni Sociorum or Glossulae). In a work Abelard called his Theologia, issued in three main versions (between 1120 and c.1134), he attempted a logical analysis of trinitarian relations and explored the philosophical problems surrounding God's claims to omnipotence and omniscience. The Collationes (“Debates,” also known as “Dialogue between a Christian, a Philosopher and a Jew”; probably c.1130) present a rational investigation into the nature of the highest good, in which the Christian and the Philosopher (who seems to be modeled on a philosopher of pagan antiquity) are remarkably in agreement. The unfinished Scito teipsum (“Know thyself,” also known as the “Ethics”; c.1138) analyses moral action. (shrink)

Allocution, par M. Bouchard.--La signification historique de l'œuvre de Maurice Blondel, par H. Gouhler.--Leibniz et Blondel, par J. Brun.--L'apologétique blondélienne, par G. Maire.--Centenaire de la naissance de Maurice Blondel. Exposition de livres et de documents à la Faculté des lettres et sciences humaines de l'Université de Dijon, 12 mal 1962.

Twelve years after his Origin of Species, Charles Darwin published his Descent of Man. If the first book brought the gases of philosophi cal controversy to fever heat, the second exploded them in fiery roars. The issue was the nature, the condition, and the destiny of genus humanum. According to the prevailing Genteel Tradition mankind was a congregation of embodied immortal souls, each with its fixed identity, rights and duties, living together with its immortal neigh bors under conditions imposed by (...) "the laws of nature and of nature's God." Obedience or disobedience of these laws destined all to eternal bliss or eternal damnation. What had come to be called "evolution" was assimilated to the Tradition in diverse interpretations such as John Fiske's, Henry Drummond's and Charles Pierce's. Their common ten dency was to establish "evolution" as somehow the method whereby divine providence ordains the conditions under which man accom plishes his destiny. The most productive competitor of the Genteel Tradition went by various names, with positivism, materialism and naturalism the most telling. Its success as competitor was not due to its theological or metaphysical import. Its success flowed from its mode of observing how effects or results, those undesired as well as those desired, got produced. Unified and generalized, these observations were taken for notations of causal sequences always and everywhere the same, thus for laws of "nature" to whose workings "the providence of God" added nothing productive and could be and was dispensed with. (shrink)