This paper argues that a putative conflict between negative rights and positive rights is not a genuine conflict. The thought that they might conflict presupposes, I argue, that the two rights are valid. This is the first assumption of my argument. The second is that general rights impose duties on everyone, not just the party who faces a conflict of correlative duties. These two assumptions yield the conclusion that positive rights impose enforceable duties on the holder of the negative right; (...) no right is thus infringed if this duty is enforced so no conflict occurs. If this is correct, it means that we can include welfare or socio-economic rights in a set of general rights without generating conflicts with negative rights to non-interference; this might clear some space for arguments that favour egalitarian redistribution although it does not show that general positive rights do exist. (shrink)

This paper asks whether (human) rights enforcement is permissible given that it may entail infringing on the rights of innocent bystanders. I consider two strategies that adopt a rights-sensitive consequentialist framework and offer a positive answer to this question, namely Amartya Sen’s and Hillel Steiner’s. Against Sen, I argue that trade-offs between rights are problematic since they contradict the purpose of rights, which is to provide a pluralist solution to disagreement about values, i.e. to allow agents to act in accordance (...) with their values. I further argue that Steiner’s compensation strategy does not succeed in avoiding trade-offs so it falls prey to the same criticism. I propose a non-trade-off solution that is implicit in the accounts discussed and is more consistent with the meta-ethical framework advocated by Sen. This solution relies on an enforceable duty to share in the costs of rights enforcement hence it entails a degree of redistribution for enforcement purposes. (shrink)

In Education Sciences, the notion of ‘competence’ is widely used, both as an aim to be reached with students and as performance in teachers’ education. This article advances a type of competence that is highly relevant for teachers’ work, namely the ‘ethical competence.’ Ethical competence enables teachers to responsibly deal with the daily challenges arising from their professional roles. In this study, I put forward a definition of ethical competence and I propose a conceptual structure, both meant to support the (...) illustration, description, and development of ethical competence for teachers. (shrink)

La pandemia del COVID-19 ha cambiado las formas de morir, gestionar y ritualizar las muertes. Este trabajo problematiza el dilema ético de dignificar la muerte, dando espacio a la singularidad en los ritos fúnebres, desde la perspectiva kantiana; versus su tecnificación que, desde el utilitarismo, homogeniza estos rituales para proteger las vidas. La pregunta es si, efectivamente, la protección sanitaria de la vida mediante la protocolización de los rituales fúnebres puede ser puesta en valor, en un momento tan determinante como (...) la muerte. Como conclusión, se considera la importancia de que estas medidas integren la diversidad cultural del país en la forma de afrontar las muertes. En este trabajo se expone, analiza y reflexiona sobre el dilema ético de la muerte digna, a partir de su simbolización expresada en los ritos fúnebres, desde un punto de vista kantiano; versus su afrontamiento pragmático que, desde el utilitarismo, produce una tecnificación de la muerte, que homogeniza y limita su expresión ritual para proteger las vidas de los sobrevivientes. La pregunta que se desprende de este problema ético-político es si, efectivamente, la protección sanitaria de la vida impuesta por la protocolización que restringe y homogeniza la realización de rituales fúnebres es algo que pueda ser puesto en valor, en un momento tan determinante como la muerte de un ser querido. A partir del análisis realizado y considerando la necesidad de tomar las medidas necesarias para evitar los contagios, se concluye la importancia de que estas medidas consideren fórmulas compensatorias que permitan a los deudos y a la sociedad, procesar las pérdidas humanas producto de la pandemia. (shrink)

Informed consent may be unobtainable in online contexts. This article examines the difficulties of obtaining informed consent online through a Facebook case study. It is proposed that there are at least two ways informed consent could be waived in research: first, if the data are public, and second, if the data are textual. Accordingly, the publicness of the Facebook News Feed is considered. Taking account of the wide availability of Facebook users’ data, and reflecting on how public those users perceive (...) their information to be, this paper argues that some Facebook data are properly viewed as public to semi-public in nature. A second issue is whether the Facebook News Feed data collection ought to be classified as document-based or human subjects research. Since the Facebook News Feed involves social interaction that may elicit ‘ethically important moments’, this paper proposes that observing it may constitute human subjects research. While informed consent is desirable for human subjects research, it is suggested that Facebook News Feed observations are comparable to observational research in a public space, and thus waiving informed consent in this online setting could be justifiable. (shrink)

Drawing on a corpus of reader comments posted to the news reports about the “Colectiv” fire on the Gândul daily website, this article investigates how “the void signifier” People is disputed between ideological and mythical thought in a moment of political and societal crisis. The comments were made by readers to a series of 578 news reports and editorials. Our study aims to inquire whether the figure of the People keeps its resourcefulness in an online conversational discourse regime. Particularly, we (...) are interested in the way common people devise themselves as the People by mobilizing a specific political mythology established by both lay and religious tradition, and recently, by an utopian approach to empowering technological revolutions. The transfer of power between the theological concept of God and the secular concept of People is analyzed in a cultural and linguistic frame: 1. the Romanian Orthodox tradition and the modern developments of the Byzantine concept symphonia ; 2. the semantic and syntactic specificities of the Romanian language within online media. As shown by the analysis, the static, passive and dynamic renditions of Popor [People] pertain to a narrative of political transcendence. (shrink)

On some theories of rights, such as the Choice theory, only agents can have moral rights. The realm of right-holders thus excludes several potential candidates, among which are young children, mentally incapacitated persons, and groups since these are thought to lack the required degree of agency. This paper argues that groups can be right-holders. The argument comes in three steps: first, it is argued that full-blown or autonomous agency is not required for the possession of Choice theory rights, second, that (...) groups can be seen as agents, albeit in a limited sense, and third, that groups can make irreducibly collective choices in spite of their limited agency. The upshot of this argument is that groups can have rights, provided that they are organized around a coherent decision-making procedure; furthermore, this account can be employed to argue that other creatures of limited agency are possible right-holders. (shrink)

Informed consent may be unobtainable in online contexts. This article examines the difficulties of obtaining informed consent online through a Facebook case study. It is proposed that there are at least two ways informed consent could be waived in research: first, if the data are public, and second, if the data are textual. Accordingly, the publicness of the Facebook News Feed is considered. Taking account of the wide availability of Facebook users’ data, and reflecting on how public those users perceive (...) their information to be, this paper argues that some Facebook data are properly viewed as public to semi-public in nature. A second issue is whether the Facebook News Feed data collection ought to be classified as document-based or human subjects research. Since the Facebook News Feed involves social interaction that may elicit ‘ethically important moments’, this paper proposes that observing it may constitute human subjects research. While informed consent is desirable for human subjects research, it is... (shrink)

Although the Internet is frequently referred to as a global public resource, its functioning remains predominantly controlled by private actors. The Internet brought about significant shifts in the way we conceptualize governance. In particular, the handling of “big data” by private intermediaries has a direct impact on routine practices and personal lives. The implementation of the “right to be forgotten” following the May 2014 decision of the Court of Justice of the European Union against Google blurs the boundaries between the (...) public and the private, and extends the responsibilities of the latter to court-style decision making. This article analyzes the regulatory developments in this area and the implications of outsourcing of important governance practices to private intermediaries. It looks at the decision-making process for the “right to be forgotten” to illustrate the extent to which the hybridization of such procedures results in new arrangements between public and private ordering in Internet governance. (shrink)

La autora destaca la ausencia de protagonismo de la mujer en la historia previa al siglo XX, a partir del predominio de los esquemas patriarcales, en un contexto de desigualdad, discriminación y violencia social organizadas a partir de relaciones de poder. Localiza luego este contexto cultural en la experiencia del ejercicio del poder en América Latina, y en sus vínculos con la feminidad, etnicidad y pobreza, con los procesos de constitución de la subjetividad, y en su relación con los procesos (...) de lenguaje. Propone finalmente que la cultura del terror en la que nos encontramos encerrados debe ser demolida, y nos invita a abrirnos a la heterogeneidad que caracteriza la realidad latinoamericana. (shrink)

A growing body of empirical research examines the effects of the so-called “social determinants of health” on health and health inequalities. Several high-profile publications have issued policy recommendations to reduce health inequalities based on a specific interpretation of this empirical research as well as a set of normative assumptions. This article questions the framework defined by these assumptions by focusing on two issues: first, the normative judgments about the fairness of particular health inequalities; and second, the policy recommendations issued on (...) this basis. We argue that the normative underpinnings of the approach are insufficiently supported and that the policy recommendations do not necessarily follow from the arguments provided. Furthermore, while many of the policies recommended—such as improving people's living conditions and reducing inequalities in wealth and power—are justified in their own right, the way these recommendations are tied to health is problematic. (shrink)

The paper presents a critical evaluation of the existing anthologies of Romanian oratory and analyzes the pertinence of a new research line: how to trace back the foundations of Romanian versatile political memory, both from a lexical and from an ideological point of view. As I argue in the first part of the paper, collecting and editing the great speeches of Romanian orators seems crucial for today’s understanding of politics (politicians’ speaking/ actions as well as voters’ behavior/ electoral habits). In (...) the second part, I focus on the particularities generated by a dramatic change of media support (in the context of Romania’s high rates of illiteracy at the end of the 19th century): from “writing” information on the slippery surface of memory (declaimed political texts such as “proclamations,” “petitions,” and “appeals”) to “writing” as such (transcribed political speeches). The last part of the paper problematizes the making of a new canon of Romanian eloquence as well as the opportunity of a new assemblage of oratorical texts, illustrative for the 19th century politics, and endeavors to settle a series of virtual editing principles. (shrink)

The present paper explores diffident and dissident practices reflected by the political talk at the end of the 19th-century in Romania. Relying on Jacques Rancière’s theories on the ‘aesthetic regime of politics,’ the introduction sketches a historical frame and proposes a focus change: the relation between ‘politics’ and ‘aesthetics’ does not stand on a set of literary cases, but on political scripts as such. Thus, the hypotheses investigated by the next three parts can be formulated as follows: 1. though determined (...) by an ideological direction (Conservative or Liberal), the political speech still preserves his tendency towards aesthetic autonomy. 2. oratorical merits (hinting at aesthetic autonomy) can turn into practices of political autonomy, diffidence and, then, dissidence. Methodologically, two types of aesthetic practices organize the chosen materials; both the diffident script and the theatre of dissidence help us to perceive how the philosophical and moral meaning of these practices could change into an ideology of dissidence. The formalization of diffident practices, their conversion to outspoken dissidence, also corresponds to the symmetrical symptom of unlimited authority; when old-time politicians warned on ‘Caesarism,’ ‘Vizierate,’ ‘Despotism,’ ‘Omnipotence’ or ‘Tyranny,’ the Romanian society had already been training for a long experience of ‘dictatorship.’. (shrink)

A recurring concern about luck egalitarianism is that its implementation would make some individuals, in particular those who lack marketable talents, experience shame. This, the objection goes, undermines individuals’ self-respect, which, in turn, may also lead to unequal respect between individuals. Loss of (self-)respect is a concern for any egalitarian, including distributive egalitarians, inasmuch as it is non-compensable. This paper responds to this concern by clarifying the relationship between shame and (self-)respect. We argue, first, a luck egalitarian society and ethos (...) would be radically different from the current one and incompatible with shame over lack of talent, and, second, that while shame may still occur in a less than ideal luck egalitarian society, this kind of shame does not undermine egalitarian commitments. (shrink)

The paper addresses two related questions: 1. the much debated issue concerning philosophy's proper way of engaging with religion, and 2. the extent to which religious concerns belong to our existence. If philosophy is understood as the hermeneutics of existence, that is, as the self-interpretation of existence, as the early Heidegger proposes, then the way the second question is answered bears on the approach to the first issue. While endorsing Heidegger's claim in the 1920s that philosophy should be autonomous and (...) neutral in relation to religious concerns, I reject his view that this can be achieved through a silencing attitude characteristic of a “fundamentally atheistic” philosophy. I link Heidegger's failure to offer a convincing response to the first question to the way in which he addresses the second question as to whether religious concerns essentially belong to our existence. In contrast with his views on the second question, which often seem to propose a negative answer to it (but which, I claim, are not as not as clear as it is sometimes assumed), I argue that spiritual comportment is an essential aspect of our life. How can then philosophy ‘transcend’ it and be religiously neutral without becoming silent about it? I argue that philosophy can be religiously neutral and, at the same time, speak about spirituality as an open question within a shared space. (shrink)

This paper takes issue with Heidegger's claim that discourse and understanding are equally basic in the constitution of our making sense of the world. I argue that Heidegger cannot consistently establish this claim, and that discourse can be thought of as being more basic than understanding. The proposed line of thinking has the advantage of shedding light on both the finitude and the normativity of our making sense of the world. Thus, by setting up an exchange with the later Wittgenstein's (...) discussion of rule-following makes it possible to develop an approach to the normativity of meaning which was not readily available on Heidegger's account. Further, the paper offers an inquiry into a certain aspect of our finite sense of the world which, in spite of Heidegger's marked attention to finitude, was obscured by his approach to discourse. The implications of the argument might be far-reaching. The view of a basic role of discourse can put into question Heidegger's guiding vision according to which time alone is ultimately the fundamental constituent of our sense of what there is. The engagement with Wittgenstein indicates, in conjuction with other themes of the paper, that there are certain perspectives and issues in phenomenology which are much closer to aspects of the analytic tradition than is usually granted. (shrink)

Dans l’imaginaire philosophique de J.-M.G. Le Clézio et de Göran Tunström, le rapport centralité / marginalisation occupe une place extrêmement importante. Les personnages de ces deux écrivains sont souvent intégrés dans des sociétés plus ou moins ouvertes, où l’isolement représente l’élément central. Ayant une certe philosophie implicite, mais loin de proposer l’image d’une société parfaite, les romans de J.-M.G. Le Clézio et de Göran Tunström, décrivent, tout aucontraire, la vie des enfants dans une collectivité qui ne les aime pas, où (...) règnent la pauvreté, ainsi que la haine. S’assumer le statut de marginalisé dans un monde aliéné nous démontre à quel point ce thème reste significatif pour la compréhension des personnages. (shrink)

Persistent Postural-Perceptual Dizziness, also known as PPPD or 3PD, is a chronic functional vestibular disorder characterized by persistent sensation of rocking or swaying unsteadiness and/ or non-spinning dizziness without vertigo lasting at least 3 months. Symptoms typically worsen with upright posture, head or body motion and exposure to busy or visually rich environments. The article describes the application of Infra-Low Frequency Neurofeedback over 32 sessions on an unmedicated individual with symptoms related to PPPD that were still present 3 years after (...) the initial diagnosis. Along with significant reduction in those symptoms, other accompanying symptoms were markedly improved with ILF NFB. Consistent symptom tracking from session to session, as well as before and after CPT data were used to document reported changes with ILF NF. (shrink)

A positive reconceptualization of vulnerability involves a number of levels of inquiry; arguably, a fundamental or, at least, central level is the phenomenology of vulnerability with which I am concerned in my paper. By drawing on existential phenomenology and by engaging with Pamela Sue Anderson’s positive account of vulnerability, I develop a phenomenological conception of vulnerability as “openness” and pursue it in new directions which connect it to the metaphysics and epistemology of vulnerability. This approach brings to the fore the (...) possibility of resilience in the face of serious adversities which affect our lives, and draws some ethical implications in relation to this. I engage with recent work in the area of the phenomenology of illness to elaborate certain parts of the investigation. (shrink)

Introduction: Agricultural workers perform intense labor outside in direct sunlight and in humid environmental conditions exposing them to a high risk of heat-related illness (HRI). To implement effective cooling interventions in occupational settings, it is important to consider workers’ perceptions. To date, an analysis of agricultural workers’ experience and perception of cooling devices used in the field while working has not been published. -/- Methods: Qualitatively data from 61 agricultural workers provided details of their perceptions and experiences with cooling interventions. (...) -/- Results: The participants in the bandana group reported the bandana was practical to use at work and did not interfere with their work routine. Cooling vest group participants agreed that the vest was effective at cooling them, but the practicality of using the vest at work was met with mixed reviews. -/- Conclusion: The findings of this qualitative study support and extend existing research regarding personal cooling and heat prevention research interventions with vulnerable occupational groups. Personal cooling gear was well received and utilized by the agricultural workers. Sustainable heat prevention studies and governmental protection strategies for occupational heat stress are urgently needed to reduce the risk of heat-related morbidity, mortality, and projected climate change health impacts on outdoor workers. (shrink)

Our relationship with technology has become co-dependent and somehow a personal and an intimate one. Generally speaking, we tend to think that we experience the world around us as it is, but that is not what we really do. In a lifetime, we learn and store knowledge, but we only use from it what we think and feel it will help us to realize the most important projects in our lives. Therefore, we invent things that have the purpose to make (...) our lives easier, just to have time to manage and work on the other part of life – the non-material part of it -, that concerns the personal development of human. First of all, that is or that should be the idea for developing technology, but on second thoughts, we somehow fail to adapt to it, and from that it deceives us – transforming itself in an insecurity, like high-tech products that are too hard to use, or too unreliable to be counted on, the lack of necessary knowledge in order to use it, the costs. Even if we have these technologies as available, we manage to lose ourselves, by becoming more into it than into us and those around us. We like to think we possess knowledge, that we are experts in some areas, we hold and keep lectures on ethics, moral values, efficient communication, but all become a strategic action – from ones that have the power to others that need guidance and confirmation for looking good for others, to win over, convince or convert new adepts to the proposed ideas of ones that have the power, to court those in power, to please everyone, except yourself. But all of that leads to failure – a self-failure, an inner weakness – and we are becoming our own adversaries, which are silent ones. But if technology is so worthy, why we do not manage so well on moral and ethical aspects? (shrink)

Responding to growing interest in the Kantian tradition and in issues concerning space and time, this volume offers an insightful and original contribution to the literature by bringing together analytical and phenomenological approaches in a productive exchange on topical issues such as action, perception, the body, and cognition and its limits.

Gerrie ter Haar oi James J. Busuttil (eds.), The Freedom to Do God’s Will. Religious Fundamentalism and Social Change Routledge, London and New York, 2003.

It can be said that the concept of vulnerability is crucial for the understanding of health and wellbeing. Wellbeing has been taken to be at the core of the concept of health (as the World Health Organisation also defines it). In this paper, I suggest that a proper understanding of health and wellbeing should start with an investigation of vulnerability and ill health and, in particular, the lived experience of these aspects of the human condition. The lived experience of vulnerability (...) and, in particular, ill health involves physical, mental and social suffering as well as experiences of wrongs, harms and injustices which are often rooted in certain misconceptions and myths about vulnerability, illness and mental ill health. I argue that dominant notions of ‘vulnerability’, ‘health’, ‘wellbeing’ are not only unclear but unrealistic and ethically problematic. This paper seeks to expose some of these limitations and, at the same time, offers a contribution to the clarification of the concepts at issue. The aim is to develop a more inclusive and realistic conception of health and wellbeing which, in its turn, can help promote life-enhancing possibilities to be and to live well in health or illness. The basic plan of the paper is this: I discuss two concepts of vulnerability, and point out certain limitations of dominant approaches to them. I offer an alternative understanding of these two concepts of vulnerability, and of the relation between them. I apply this analysis to certain discussions concerning illness and mental health in order to identify life-enhancing possibilities of vulnerability that constitute resilient wellbeing and are conducive to health. As part of this discussion, I point out the social, relational and intersectional aspects of vulnerability, resilient wellbeing and health, and indicate how the approach I propose can contribute to current ethical and political discussions about these issues. (shrink)

This paper argues against the priority of temporality over spatiality, which Heidegger defends in Being and Time . The argument, however, does not follow the turn in Heidegger's philosophy and his later retrieval of the spatial but is developed as a delimitation—that is, as an internal critique and reconstruction—undertaken within the transcendental framework of his early thinking. This delimitation proposes a demonstration of the fundamental role of spatializing, defined as dissemination, in the constitution of human Being-in-the-world. A rethinking of human (...) Being-there in terms of the co-originality of spatiality and temporality permits a revisiting of the question of the transcendental and makes it possible to pursue the overcoming of a philosophy of the subject that, critics often point out, Heidegger unsuccessfully sought to transgress in his early work. (shrink)

Under a political dictatorship it is primarily from the margins that an artistic critique can be articulated, as suggested by the examples presented in this article from Romania and Chile during the 1970s and 1980s. By focusing on their threefold marginality—of the artist, the art form, and the subject of art—and by applying to them Jacques Rancière's concept of dissensus, the analysis of artistic variants of marginality sheds light on the relationship of art and politics in totalitarian regimes.

In Romania, the Baptist denomination includes, according to the 2002 census, about 130,000 believers, subsequent to the Pentecostal denomination. Areas having a large number of followers are Banat and some parts of Transylvania; besides these, there can be added large urban areas such as Bucharest, Timişoara, Constanţa, Cluj-Napoca, Oradea, and Arad. In terms of ethnicity, Romanians represent the majority, followed by the Hungarians (Hungarian Baptist Convention). One of the smallest minorities in Romania, that is the Czechs, also provides a number (...) of believers, in the village of Sfînta Elena (Coronini Township, Caraş-Severin County) being the only Czech Baptist community in our country. Here, besides Catholics, a Baptist community is to be found, twice as small and of fairly recent origin. In the following, we intend to outline its image, based on field observations and interviews carried out between 2005-2010 (All of these have been materialised in our book, Istorie şi memorie în comunităţile cehilor din Clisura Dunării). We paid a particular interest in the neo-Protestant group, in order to identify means of building the image of another group with a different faith, considering the double minority, ethnic and religious status. Also, we tried to capture the ratio of forces between two different faith groups that were facing the same economic and social problems, problems that have caused the depopulation of villages, by massive migration of people to the Czech Republic. (shrink)

The present paper is an attempt at examining the value configuration and the socio-demographical profiles of the local political elites in four countries of East-Central Europe: Romania, the Czech Republic, Bulgaria, and Poland. The treatment is a comparative one, predominantly descriptive and exploratory, and employs, as a research method, the case-study, being a quite circumscribed endeavor. The cases focus on the members of the Municipal/Local Council in four towns similar in terms of demography and developmental strategies (i.e. small-to-medium sized communities (...) of around 35,000 inhabitants, with economies largely based on food industry and commercial activities): Tecuci (Galați county, Romania), Česká Lípa (Liberec region, Czech Republic), Targovishte (Targovishte province, Bulgaria), and Oleśnica (Lower Silesia province, Poland). Hypothesizing that the local elites of the former Sovietized Erurope tend to differ in outlook, priorities, and value attainment, as compared to their Western counterparts, the paper considers the former’s attitudes and perspectives in regard to seven values: a series of values customarily connected with the concept of ‘democracy’ (i.e. citizen participation, political conflict, gradual change, economic equality), state intervention in economy, decentralization and increased local autonomy, cultural-geographical self-identification. The study uses, as well, five models of value attainment in what concerns the ‘ideal portrait’ of the local councilor (Putnam 1976): ethical, pragmatic, technocratic, political, and gender. According to the results of a study applying a standard written questionnaire among the local councilors of the three communities in the period December 2010-February 2013, the paper distinguishes among three corresponding types of local elites: (1) ‘predominantly elitistic,’ (2) ‘democratic elitist,’ and (3) ‘predominantly democratic,’ following two types of explanation accounting for the differences among the four cases: the legacy of the defunct regime and the degree of administrative decentralization. (shrink)

En el presente artículo se realiza un análisis de ciertos aspectos del pensamiento cartesiano que están implícitos en la Quinta Parte del Discurso del Método, los que serán tomados en cuenta para acceder al alcance que tienen algunos supuestos filosóficos de la teoría lingüística de N. Chomsky. Para ésto, se desarrollan los siguientes aspectos: breve reseña de la filosofía cartesiana; resumen de la Quinta Parte del Discurso del Método; especificación de la concepción "racionalista" de la lingüística de Chomsky; determinación del (...) valor sistemático que posee su apelación al racionalismo filosófico. (shrink)