In lieu of an abstract, here is a brief excerpt of the content:The Individualization of Crime in Medieval Canon LawVirpi Mäkinen and Heikki PihlajamäkiIn The Mourning of Christ (c. 1305, fresco at Cappella dell'Arena, Padua, Italy), Giotto di Bondone (c. 1267-1337) depicts the Virgin Mary embracing Christ for the last time after he has been taken down from the cross. Whereas his predecessors in the devotional Byzantine tradition concentrated on flat, still figures, Giotto emphasizes their humanity and individuality. The (...) grief on the Virgin's face is touching and convincing but in a slightly different way than the sorrow experienced by St. John or the other accompanying figures. Even the ten angels following the scene seem to grieve for the Redeemer in their own personal way. The individuality of Giotto's figures may not seem much if we compare it with the seventeenth-century Flemish masters. Giotto's Virgin and her company still show a restraint in their grief which does not seem entirely natural. In late medieval art, however, Giotto's approach was fresh and new, reflecting a trend toward individualization which was not peculiar merely to art but was taking over many other areas of late medieval life as well. Philosophy, theology, and law—the medieval scientiae—were all putting increasing emphasis on the rights and responsibilities of the individual.Nor does this trend leave criminal law and the law of evidence untouched. The medieval development of law was just as revolutionary as the development of other branches of knowledge. Starting in early twelfth-century Bologna, the Corpus Iuris Civilis became an object of systematic academic research and teaching for the first time in history. The development of canon law was perhaps even more striking. Positive, enacted law first became not only an object of academic studies but also an instrument of social engineering in the domain of church law. The hierarchical structure of the worldwide Catholic Church was built and run in conjunction with positive, enacted legislation.1 [End Page 525] The development of criminal law was just as innovative as the changes that took place in other branches of law, with canon lawyers taking the lead. Aspiring for universal power and competing for it with secular rulers, the Church was in need of an efficient system to control disobedient priests and monks and suppress heretical movements.2 The traditional system of criminal control was clearly not sufficient. Canon law, making use of the contemporary trend toward increased individualization in theology, philosophy, and Roman law, was developed to meet the church's need to master the situation.One of the most important and influential developments in thirteenth-century criminal law concerned the individual's criminal intention and responsibility. Before the change criminal responsibility was mainly based on the consequences of a crime. The canon lawyers began to determine different modes of subjective responsibility. In the law of criminal evidence the individual was also shifted from the margins to the center of attention. Earlier criminal evidence had been produced from sources external to the individuality of the defendant, such as oaths, compurgators, and ordeals. In the thirteenth century and with the development of the so-called statutory or legal theory of proof, increasing attention was paid to the stories of both the defendant (in the form of confessions) and the witnesses. The development of criminal law and criminal procedure in the thirteenth and fourteenth centuries can be understood in the context of the simultaneous trend toward individualization that took place in moral philosophy and theology as well as in canon law.3 These connections are not the only way of understanding the modernization of canon criminal law, for the prevailing view sees the transformation in conjunction with the twelfth-century hierarchization and centralization of church bureaucracy. The particular form that the criminal law and law of proof assumed in these changes did not arise out of a vacuum but, however, has to be understood in relation to the neighboring fields of thought.The Human Will and the Individual in Medieval Moral PhilosophyThe primus motor of medieval philosophy, Aristotelianism, encountered its first competing theories in the thirteenth century. One of the most far-reaching ideas concerning human psychology and behavior, developed by the Franciscans... (shrink)

「生命倫理」は研究を不当に妨げている?ヒト由来試料を用いた研究から生じる「倫理的問題」とは何なのか?法学からのアプローチにより、現実的な規制枠組みの確立に向け、基本から問い直す。.

ABSTRACT:Within corporate social responsibility (CSR), the exploration of the political role of firms (political CSR) has recently experienced a revival. We review three key periods of political CSR literature—classic, instrumental, and new political CSR—and use the Rawlsian conceptualization of division of moral labor within political systems to describe each period’s background political theories. The three main arguments of the paper are as follows. First, classic CSR literature was more pluralistic in terms of background political theories than many later texts. Second, (...) instrumental CSR adopted classical liberalism and libertarian laissez-faire as its structural logic. Third, new political CSR, based on a strong globalist transition of responsibilities and tasks from governments to companies, lacks a conceptualization of division of moral labor that is needed to fully depart from a classical liberalist position. We end by providing a set of recommendations to develop pluralism in political CSR. (shrink)

The dominant framing of the political corporate social responsibility discussion challenges the traditional economic conception of the firm and aims to produce a paradigm shift in CSR studies wherein the traditional, apolitical view of corporations’ roles in society is replaced by the political conception of CSR. In this paper, we show how the major framing of the political CSR discussion calls for a redirection to take international hard legal and moral regulations, as well as the need for the boundaries between (...) business and politics into account. (shrink)

We argue that the idea of ECC is more in line with libertarian than liberal thinking. The basic idea of ECC is the dislocation of the provider of citizenship rights from governments to corporations: corporations provide and administrate the same citizenship rights, which governments provided earlier, before the political processes started the privatization of these entitlements . According to John Rawls’ liberal viewpoint, citizens’ relations to the public structures of society are supposed to be fundamentally different from their relations to (...) private associations like business corporations. In libertarian thinking , instead, citizens relations to public institutions do not significantly differ from their relations to business corporations. Both are based on voluntary agreements, bringing forth the idea of a contract-society. Since ECC is backed up by this kind of contractsociety, it brings forth libertarian interpretations of the most central political matters - like the basic structure of society, and the concepts of freedom and democracy. (shrink)

The dominant understanding of political corporate social responsibility suggests new, broader political roles for businesses in the globalized economy, challenging the classical liberal social order. In this paper, we show how the major framing of the political CSR discussion not only challenges the classical liberal social order but also goes against the more general political economic perspective of the regulated market economy. We argue that this latter tendency of the political CSR discussion is its main weakness. We introduce a Rawlsian (...) reframing of political CSR that is in line with the idea of a global-regulated market economy and compatible with some of the basic global ethical aims of the political CSR movement. (shrink)

Political corporate social responsibility (PCSR) calls for firms to implement and engage in deliberative democracy processes and structures, addressing governance gaps where governments are unwilling or unable to do so. However, an underlying assumption that the implementation of PCSR will enrich democratic processes in society has been exposed and challenged. In this conceptual article, we explore this challenge by developing a framework to reveal the dynamics of firms’ deliberative democratic processes and structures (meso level), and those at nation state (macro (...) level). Using existing cases as illustrative examples, we demonstrate that despite the public good premise of PCSR theory toward thickening the overall democracy in a society, corporate democratization at meso level can have the opposite effect and may actually erode macro-level democratic control of society and the economy. These findings imply a need for multilevel analysis in PCSR research and greater consideration of state-level public institutions and the responsibilities of business firms toward those institutions. Furthermore, we contribute to the PCSR literature by identifying the disruptive mechanisms associated with these dynamics and outline two alternative perspectives to allow firms to continue to take on political responsibilities. (shrink)

This article develops an integrative perspective on corporate responsibility by synthesising competing perspectives on the responsibility of the corporation at the organisational and societal levels of analysis. We review three major corporate responsibility perspectives, which we refer to as economic, critical, and politico-ethical. We analyse the major potential uses and pitfalls of the perspectives, and integrate the debate on these two levels. Our synthesis concludes that when a society has a robust division of moral labour in place, the responsibility of (...) a corporation may be economic without jeopardising democracy and sustainability. Moreover, the economic role of corporations neither signifies the absence of deliberative democratic mechanisms nor business practices extending beyond compliance. The study underscores the value of integrating different perspectives and multiple levels of analysis to present comprehensive descriptions and prescriptions of the responsibility phenomenon. (shrink)

Rawls scholarship has not paid much attention to Rawls's early methodological writings so far, pretty much focusing on thereflective equilibrium(RE) which he is understood to have adopted inA Theory of Justice. Nelson Goodman's coherence-theoretical formulations concerning the justification of inductive logic inFact, Fiction and Forecasthave been suggested as the source of the RE. Following Rawls's methodological development in his early works, we shall challenge both these views. Our analysis reveals that the basic elements of RE can be located in his (...) ‘Two Concepts of Rules’ essay. We shall further show that the origins of RE go all the way back to Aristotle's methods of ethics, as RE accords with the methodology entitledsaving the appearances(SA) in recent Aristotle scholarship. (shrink)

Due to investments in interdisciplinary research endeavors, the number and variety of interdisciplinary research centers have grown exponentially during the past decades. While interdisciplinary research centers rely on varied organizational arrangements, we know little about the conditions and processes that mediate collaborative arrangements and interdisciplinary research outcomes. This study examines how different collaborative arrangements shape scholars’ experiences of interdisciplinary research and understandings of interdisciplinary knowledge culminations in the context of university-based research centers. We conducted three in-depth qualitative case studies on (...) different centers, which recruited researchers from natural sciences, medicine, and social sciences. We refer to them as the Biotech Center, the Environmental Center, and the Premature Birth Center. Our analysis of 53 interviews with interdisciplinary scholars across the three centers demonstrates that the scholars perceive particular features of the centers’ collaborative arrangements as meaningful for interdisciplinary collaboration. Specifically, the center’s mission, physical architecture, and leadership and task structure were seen as affecting scholars’ motivation, interaction, and inclusion in the centers, which then shaped the interdisciplinary knowledge culminations. At the Biotech Center, knowledge was translated towards concrete products, at the Environmental Center knowledge was pooled together from varied fields to create new problem framings, and at the Premature Birth Center, interdisciplinary collaboration was crafted through top-down knowledge brokerage. (shrink)

This study examines the tension between the academic evaluation system and the development of unconventional research agendas. While scholars have studied the evaluation of research that crosses disciplinary boundaries from the perspective of peer reviewers, they have paid comparatively little attention to the experiences of the performers of unconventional science. This study asks how researchers develop unconventional research agendas to address a long-standing health problem and, in the process, make sense of the actions of a site visit committee organized to (...) advise a foundation funding the project. This study develops a process narrative on the development of a specific transdisciplinary team proposing to study premature birth. The findings show that when the performers and the evaluators of unconventional science developed competing understandings of the research agenda, transdisciplinary discovery became limited as a particular research topic became taboo. Yet, the study also reveals how the performers of unconventional science challenged the power of the site visit committee by making it seem as though they followed the committee’s decisions. These findings raise questions about the role of private foundations as funders of academic research and the suitability of traditional evaluation procedures for assessing transdisciplinary discovery. (shrink)

Modern society is characterised by the constant production, commodification, and distribution of risks, which has also become an increasingly important political issue. Given the commodification and the resulting distributability of risks, risks have become an issue of distributive justice instead of mere reason for precautionary concerns. This is particularly pronounced in the case of financial risks. In this article, we analyze how choices related to distributive justice inform the systems of risk distribution. Our main aim is to apply the Rawlsian (...) notion of “division of moral labor” in the context of financial risks. By an analysis of the scope of financial risks, we will show that the libertarian choice of division of moral labour rests on an unnecessarily narrow idea of the scope of the distribution of risks. (shrink)

New Perspectives on Aristotelianism and Its Critics traces Aristotelian influences in modern and pre-modern discourses on knowledge, rights, and the good life. The contributions offer new insights on contemporary discussions on life in its cognitive, political, and ethical dimensions.

Boundaries have gained analytical prominence in sociology of science. Notably, there have been studies on how academics differentiate themselves from outsiders in order to secure their legitimacy. In university departments, scholars engage in boundary work to defend their intellectual communities and institutional resources. While boundary struggles are characteristic of academia, they rarely result in departmental restructuring. This article examines a case where a theoretical divide between social and cultural anthropologists and biological anthropologists led to a departmental split. The study reveals (...) a shift from peaceful coexistence to a full-blown conflict between two intellectual communities and asks, what circumstances gave rise to the activation of a latent intellectual boundary? Drawing on interview data, I demonstrate how changes in the distribution of faculty and the alignment of intellectual, seniority, and gender differences activated the latent boundary. After its activation, scholars engaged in boundary work and expressed their intellectual differences in faculty meetings and interactions with colleagues, which led to arguments about the department’s identity that hampered the unit’s operation. The study shows how boundary work among scholars can pull apart the fabric of a department, causing intellectual identities to diverge and the organization to split. (shrink)

Ockham’s theory of natural rights was based on a careful definition of the basic juridical terms dominium and ius utendi, as well as on the idea of human agency and morality. By defining a right as a licit power of action in accordance with right reason (recta ratio), Ockham placed rights firmly in the agent. A right was a subjective power of action. Ockham’s theory of natural rights was influential for later natural rights theories. Its advocates included leading thinkers of (...) the sixteenth and seventeenth centuries, whose views on the right to life, its relation to the right to property, and the state of nature resembled those ideas already developed by Ockham approximately three hundred years earlier. (shrink)

Academic entrepreneurship and the commercialization of science have transformed higher education in recent decades. Although there is ample research on the topic, less is known about how individual scientists experience and perceive the transformation. Drawing on a narratological approach to sensemaking, this study examines how entrepreneurial scientists in Finland and Israel make sense of and narrate the perceived changes in the interface between science, university, and industry. An analysis of 53 semi-structured interviews reveals three sensemaking narratives demonstrating how scientists’ interactions (...) with the industry have engendered perceived shifts in ‘regimes of value’ in universities. These narratives focus on: (1) bi-directional learning between academy and industry; (2) the use of new valuation devices and practices; and (3) changing relationships between scientists and universities. Our findings advance research on academic entrepreneurship by highlighting the coexisting regimes of value and the consequences they have for science, value, and power. (shrink)

: The modern, repetition and irony : Søren Kierkegaard's aesthetic aspects and Joseph Heller's Catch-22.

Dopo un'introduzione che delinea lo status questionis relativo alla discussione sul diritto di proprietà nel sec. XIII, l'articolo si divide in tre parti: nella prima si discute la relazione tra gli ideali della fede cristiana e la proprietà comune, con particolare riguardo per l'origine dei diritti di proprietà; la seconda tratta gli argomenti che concernono il diritto alla proprietà privata, mentre la terza approfondisce il tema della proprietà condivisa. I testi sui quali viene condotta l'indagine sono il Tractatus brevis de (...) periculis novissimorum temporum di Guglielmo di Saint-Amour, il Contra adversarium perfectionis di Gerardo di Abbeville e le questioni quodlibetali di Enrico di Gand e di Goffredo di Fontaines, scritte a Parigi dal 1280 al 1290. Si mette in risalto l'uso della concezione aristotelica della proprietà contro l'ideale di assoluta povertà promosso da parte degli ambienti francescani. (shrink)

The question in this article is how citizenship is reinvented and recontextualized in a newly founded European Union after the launching of Union Citizenship. What kind of conceptions of citizenship are produced in this new and evolving organization? The research material consists of documents presented by EU organs from 1994 to 2007 concerning eight EU programs on citizenship and culture. I will analyze conceptual similarities and differences between these documents and previous conceptualizations in various contexts, including citizenship discussions in the (...) history of integration since the 1970s as well as theories of democracy and nation-states. Based on the analysis of participation, rights, and identity as central dimensions of citizenship, I will discuss the relationship of Union Citizenship to democracy and nationality. (shrink)

The lymphatic vasculature comprises an intricate network of vessels critical for fluid homeostasis, immune surveillance and fat absorption. Recent studies have provided insights into the developmental processes and molecular mechanisms controlling the formation and remodelling of the lymphatic vessels. These studies have further demonstrated the essential and active role of the lymphatic vessels in various pathological conditions and advanced our understanding of the progression of human diseases, such as inflammation and tumorigenesis. In the context of the latest exciting findings, we (...) review here the current understanding of the mechanisms of lymphatic development and contribution of lymphatic vessels to pathological conditions. BioEssays 29:1192–1202, 2007. © 2007 Wiley Periodicals, Inc. (shrink)

Recent research has challenged our view of the Abrahamic religious traditions as unilaterally intolerant and incapable of recognizing otherness in all its diversity and richness; but a diachronic and comparative study of how these traditions deal with otherness is yet to appear. This volume aims to contribute to such a study by presenting different treatments of otherness in medieval and early modern thought. Part I: Altruism deals with attitudes and behaviors that benefit others, regardless of its motives. We deal with (...) the social rights and emotions as well as the moral obligations that the very existence of other human beings, whatever their characteristics, creates for a community. Part II: Religious recognition and toleration considers identity, toleration and mutual recognition created by the existence of religious or ethnic otherness in a given social, religious or political community. Part III: Evil deals with religious otherness that is considered evil and rejected such as heretics and malevolent, demonic entities. The volume will ultimately inform the reader on the nature of religious toleration (including beliefs and doctrines, even emotions) as well as of the self-definition of religious communities when encountering and defining otherness in different ways. (shrink)