Moral ideals should not be seen as simple and purely personal, but as complex values with a social dimension that transcend attempts to formulate or realize them. Orientation towards ideals needs a realistic component: people should identify with the quest for an ideal, not with the ideal itself, and consider the possibility of negative consequences of their pursuit. Such realism about ideals includes acknowledging that ideals are not the only, nor the most important, motivating force of morality.

Rule of law is a concept that is regularly debated by legal philosophers, often in connection to discussion of the concept of law. In this article, the focus is not on the substance of the conceptual claims, but on the methodologies employed by legal philosophers, investigating seminal articles on the rule of law by Joseph Raz and Jeremy Waldron. I argue that their philosophical argumentations often crucially depend on empirical or legal doctrinal arguments. However, these arguments remain underdeveloped. I explore (...) how these arguments could be linked to approaches related to rule of law in different fields of legal scholarship and investigate how the methodologies of these fields may complement each other. Thus, the article aims to provide an argument for a specific form of triangulation of three kinds of approaches to the rule of law: philosophical, social-scientific and legal doctrinal. This method of triangulation is illustrated by a discussion of the World Justice Project’s Rule of Law Index. (shrink)

Talk about law often includes reference to ideals of justice, equality or freedom. But what do we refer to when we speak about ideals in the context of law? This book explores the concept of ideals by combining an investigation of different theories of ideals with a discussion of the role of ideals in law. A comparison of the theories of Gustav Radbruch and Philip Selznick leads up to a pragmatist theory of legal ideals, which provides an interesting new position (...) in the debate about values in law between legal positivists and natural law thinkers. Attention for law's central ideals enables us to understand law's autonomous character, while at the same time tracing its connection to societal values. Essential reading for anyone interested in the role of values or ideals in law. (shrink)

Modern legal positivism can be criticized for being unduly state-centred, and thus failing to account for the role of law in modern, globalized and fragmented, society. One aspect of that state-centred perspective that has not been addressed adequately, is the role of legal officials. In theories such as that of Jules Coleman or Scott Shapiro, the distinction between officials and ordinary citizens plays a pivotal role: in the rule of recognition that grounds the concept of law, in the conventional character (...) of law and in the guidance function of law. I argue that the role of officials is overstated and the distinction with ordinary people is overdrawn.Resumen:El positivismo jurídico moderno puede ser cuestionado por concentrarse excesivamente en el Estado y, en consecuencia, por su incapacidad para explicar el papel del derecho en una sociedad moderna, fragmentaria y globalizada. Un aspecto que no ha sido abordado adecuadamente por esta perspectiva centralizada en el Estado es el papel de los oficiales del derecho. En teorías como las de Jules Coleman y Scott Shapiro la distinción entre los oficiales y los ciudadanos ordinarios ocupa un papel central: en la regla de reconocimiento que fundamenta el concepto de derecho, en el carácter convencional del derecho y en la función del derecho de guiar la conducta. El estudio sostiene que el papel de los oficiales ha sido sobredimensionado y que la distinción entre éstos y los ciudadanos ordinarios ha sido exagerada. (shrink)

Narrating the law: Law and literature as a legal philosophical method Literature sometimes makes a surprise appearance in a legal philosophy text. Novels or stories are used to support a philosophical argument, but also to question basic presuppositions of the law. This contribution investigates in what ways literary fiction can be used in legal philosophy. Legal philosophy tends to focus on abstract theories and arguments, while both literature and law are interested in the concrete. Stories, however, have a contextual quality (...) and ambiguity, making them multi-layered, that the more restricted case description lacks. This makes stories valuable within a philosophical inquiry. I distinguish five functions that stories may fulfil in legal philosophy. Some of these are so radical that they may question the project of legal philosophy itself. However, one need not accept that route; it is the plurality of uses that makes stories an interesting addition to traditional forms of legal philosophy. (shrink)

Starting from a teleological understanding of the rule of law, this article argues that private power is a rule of law concern as much as public power. One way of applying the rule of law to private power would be to limit instances of ‘lawlessness’ and arbitrariness through formal requirements and procedural guarantees. However, we argue that private power is, to a significant extent, constituted by law in the first place – and that its lawful exercise is no less pernicious (...) than its unlawful exercise. Drawing on this constitutive function of law, we propose a normative core of the rule of law grounded on the moral equality of individuals. Attention to individuals’ needs, capabilities, and public autonomy points to requirements of distributive justice and democratic participation as part of the power-conferring function of law. Through a discussion of contestations of fossil fuel policy, the article shows the critical and empowering potential of a reconfigured rule of law. (shrink)

Ideals are important in social reality, but they have been neglected in theories of law, politics, and morality. This book has the role of ideals as its central theme. More specifically, it argues that ideals are necessary to understand pluralism, that they are key elements in controversy and debate, and that they enable development. It combines theoretical analysis of the concept of ideals with discussion of concrete debates and cases, including philosophical debates about politics and equality, sociological studies of the (...) diverse interpretations of the rule of law, and accounts of the development of environmental law and privacy law. Thus, the functioning of ideals is critically examined, showing the merits and limitations of an ideal-oriented approach. (shrink)

Moral ideals should not be seen as simple and purely personal, but as complex values with a social dimension that transcend attempts to formulate or realize them. Orientation towards ideals needs a realistic component: people should identify with the quest for an ideal, not with the ideal itself, and consider the possibility of negative consequences of their pursuit. Such realism about ideals includes acknowledging that ideals are not the only, nor the most important, motivating force of morality.

Expanded universal carrier screening (EUCS) entails a population‐wide screening offer for multiple disease‐causing mutations simultaneously. Although there is much debate about the conditions under which EUCS can responsibly be introduced, there seems to be little discussion about its aim: providing carrier couples with options for autonomous reproductive choice. While this links in with current accounts of the aim of foetal anomaly screening, it is different from how the aim of ancestry‐based carrier screening has traditionally been understood: reducing the disease burden (...) in the population. The reasons why the aim of EUCS is presented in terms of ‘autonomy’ rather than ‘prevention’ have not been spelled out in the literature. This paper seeks to fill this gap by considering the morally relevant similarities and dissimilarities between foetal anomaly screening, ancestry‐based carrier screening and EUCS. When carrier screening is performed in the prenatal period, enhancing autonomy appears the most appropriate aim of EUCS, as the alternative of ‘prevention through selective abortion’ would urge women to terminate wanted pregnancies. However, when screening is conducted in the preconception period, carrier couples can avoid the birth of affected children by other means than selective abortion, for instance preimplantation genetic diagnosis. To the extent that this increased control over passing on a genetic disorder raises questions of parental responsibility, it seems necessary that the account of the aims of EUCS is wider than only in terms of enhancing reproductive autonomy. (shrink)

Male piglets in Belgium are still castrated unanesthetized in the first week of life, but animal rights organizations, supermarkets, and some consumers no longer accept this method in terms of animal welfare, and are pushing the pig industry to apply available alternative methods. This major change in pig husbandry will increase production costs without a guarantee for return of investment by consumers. Therefore, it is important to know the opinion of consumers on this matter. A questionnaire was used to collect (...) data from 1,018 people through face to face interviewing in Flanders. A Chi-square test and Fisher’s exact test were used to analyze the data. Results show that in spite of several media campaigns of animal welfare organizations over the past few years, still half of the Flemish respondents were not aware of the problem of unanesthetized piglet castration. However, after being informed, the majority wanted unanesthetized castration to be banned. Although the concern about animal welfare implications was very high, the willingness to pay extra for alternatives was low. (shrink)

This article uncovers the current discursive practices concerning socially vulnerable people in Danish society. A discourse analytical approach inspired by Michel Foucault, along with contributions from Erving Goffmann's work ‘Stigma’, is utilized throughout the analysis. First, the dominant discursive formations are described across the data material, consisting of sociopolitical and health policy documents. Second, we uncover how problematizations and mechanisms of power along with the emergence of the competition state push socially vulnerable people out into the periphery of society. Finally, (...) we discuss responsibility regarding social vulnerability and the structural injustice that follows. Our aim is to facilitate critical awareness of how socially vulnerable people are constructed and contribute to destabilizing accepted meanings and perceptions of social vulnerability. This study shows that being categorized as socially vulnerable is associated with poor health behavior and perceived as being in a dependent relationship with superior systems. The analysis points to a focus on strengthening and developing the work capacity of socially vulnerable people. Thus, the objective of the analyzed documents revolves around securing socially vulnerable people's contribution to society's economy. This article contributes with a perspective on how society, and therefore also healthcare professionals, perceive and interact with socially vulnerable people. (shrink)

Low‐back pain can be invalidating physically as well as mentally. Despite professional help to treat and prevent low‐back pain, the pain often persists, and so do the problems related to low‐back pain. An intervention that made it possible for a significant part of patients with low‐back pain to improve health and well‐being raised the question: Why was it possible to help some and not others? The aim of the present paper was to achieve a deeper understanding of factors patients experienced (...) as helpful in professional support related to low‐back pain. This was explored using a hermeneutic‐phenomenological approach while analysing 20 interviews with patients with low‐back pain purposively chosen interviews conducted in relation to the intervention. An analysis was made using Ricoeur's interpretation theory. Data on both positive and negative experiences were read and reflected upon. We found that healthcare professionals’ adoption of a narrative approach facilitating the patient's perspective was perceived as helpful. Patients experienced this as being taken seriously; an experience that could be explained at a deeper, more nuanced level using Heidegger's philosophy. Facilitating the patient's perspective was conditional not only on the professional obtaining access to the patient's perspective but also on understanding and acknowledging the patient's existence. The challenge for healthcare professionals in this respect is to bridge the gap between the consultation's fact‐focused concern with the medical implications of low‐back pain and the patient's concern with the implications low‐back pain has for his or her personal identity and life. Listening to the patient's perspective in itself supports the subjective recovery process, while also supporting the quality of patient‐centred support and strengthening the patient's trust in its helpfulness. (shrink)

This study investigates the underlying mechanisms of how young adolescents process social advertising (i. e., advertising on social networking sites which shows how many and which of the user’s friends have ‘liked’ the brand’s page). Particularly, two experiments examined the role of brand trust in adolescents’ attitude formation and how brand trust is predicted by theories of social proof and persuasion knowledge. In addition, the moderating role of brand familiarity and brand value is investigated. The first experiment (N = 142) (...) showed that higher brand trust was induced for social advertising for unfamiliar but not for familiar brands through the principle of social proof. This means that friends’ likes may reduce uncertainty and increase trust in unfamiliar brands through social advertising, something which enhances brand attitudes. Persuasion knowledge could not explain the effects of social advertising. The second experiment (N = 72) showed that social advertisements are more effective for brands that are symbolic (versus non-symbolic). Managerial and policy implications regarding social advertising targeting adolescents are discussed. (shrink)

There are remarkable behavioral, neural, and genetic similarities between the way songbirds learn to sing and human infants learn to speak. Furthermore, the brain regions involved in birdsong learning, perception, and production have been identified and characterized in detail. In particular, the caudal medial nidopallium (the avian analog of the mammalian auditory‐association cortex) has been found to contain the neural substrate of auditory memory, paving the way for analyses of the underlying molecular mechanisms. Recently, the zebra finch genome was sequenced, (...) and annotated cDNA databases representing over 15,000 unique brain‐expressed genes are available, enabling high‐throughput gene expression analyses. Here we review the involvement of immediate early genes (e.g. zenk and arc), their downstream targets (e.g. synapsins), and their regulatory signaling pathways (e.g. MAPK/ERK) in songbird memory. We propose that in‐depth investigations of zenk‐ and ERK‐dependent cascades will help to further unravel the molecular basis of auditory memory. (shrink)

When Bayesian estimation is used to analyze Structural Equation Models, prior distributions need to be specified for all parameters in the model. Many popular software programs offer default prior distributions, which is helpful for novel users and makes Bayesian SEM accessible for a broad audience. However, when the sample size is small, those prior distributions are not always suitable and can lead to untrustworthy results. In this tutorial, we provide a non-technical discussion of the risks associated with the use of (...) default priors in small sample contexts. We discuss how default priors can unintentionally behave as highly informative priors when samples are small. Also, we demonstrate an online educational Shiny app, in which users can explore the impact of varying prior distributions and sample sizes on model results. We discuss how the Shiny app can be used in teaching; provide a reading list with literature on how to specify suitable prior distributions; and discuss guidelines on how to recognize behaving priors. It is our hope that this tutorial helps to spread awareness of the importance of specifying suitable priors when Bayesian SEM is used with small samples. (shrink)

Young migrants – particularly refugees – are commonly the object of stereotypical visual media representations and often have no choice but to position themselves in response to them. This article explores whether making young migrants aware of the politics of representation through media literacy education contributes to strengthening their participation and resilience. We reflect on a media literacy program developed with teachers and 100 students at a Dutch “International Transition Classes” school. The educational program focuses on visual media production using (...) smartphones, raising critical consciousness and promoting civic engagement. Ethnographic data analyzed include field notes, a focus group with teachers, in-depth and informal interviews, student-produced footage, and a 10-minute ethnographic film. In our increasingly polarized mediatized world, better recognition of how the needs of certain young people diverge depending on how they are situated in racialized, gendered, and classed structures of power is needed to work towards inclusive media literacy education. (shrink)

The increasing use of virtual laboratories in education raises new philosophical—and perhaps especially phenomenological—questions related to how this type of technological mediation affects the user’s sense of situated embodied being: sensory perception. The empirical basis of this phenomenological inquiry is a case study conducted in a Danish school setting. This allows us to compare analog laboratory work with virtual. Inspired by Maurice Merleau-Ponty, we describe how pupils’ bodily and multisensory interactions with laboratory tools differ across physical and virtual settings. Virtual (...) laboratories are complex, sociotechnical, often opaque practices that affect the pupils’ sense of embodiment, thus prompting the need for in situ development of hermeneutical strategies for bridging the gap between the simulated laboratory and the physical world. In the final section, we discuss how these strategies can be considered posthuman learning processes. (shrink)

The most of Christian traditions embrase the notion of sacrament. This notion deals with the church directives in a narrow meaning. According to Saint Augustine, the sacrament is a visible action of an invisible grace thus the Church, the Christ, the Bible, being material phenomena where two natures combine, are also considered to be sacraments. Therefore, the author of the article presents the Bible as the most outstanding and the most visible example of a sacrament in a broad meaning. Using (...) the examples of the attitude change to the Bible in the Catholic tradition, the author studies the move from the sacral perception of the text in the decisions made at the Council of Trent to its open sacramental understanding in the documents of the Second Vatican Council and its post-council decisions. Due to the fact that Ukrainian scholars and local clergy theologically poorly interpreted the Bible as a Word of God in the Catholic tradition, the goal of this article is to make a diachronic comparison of the results of the Council of Trent and the Second Vatican Council, which allows to show the change dynamics in the attitude of the Catholic Church to the Bible. The Council of Trent was a reaction of the Catholic Church to the emergence and achievements of the Reformation and its important principle Sola Scriptura. The Council approved two doctrinal documents on the Sacred Scripture: the first one deals with the Scripture canon and the relations between the Scripture and the Sacred Tradition, and the second one defines which text of the Scripture is to be considered sacred and official and how to interpret this text. The author concludes that the Council limited the Sacred Tradition only with faith and moral issues, meaning spheres of doctrines and piety, and recognized Latin translation of the Bible - Vulgate - to be the only official version to have a sacred meaning and "a sacred book per se". The Bible is admitted to be a closed book, separated from the readers and receivers of the Gospel, which is prohibited for an autonomous interpretation. On the contrary, the Second Vatican Council and its documents, in their essence, had a pastoral task, manifested in an attempt of giving a comprehensible overview of the Catholic Church doctrine for the world community. Therefore, the author asserts that the last 400 years of the history of the Catholic doctrine show serious changes in its attempt of contextualization and mark its main peculiarity: reaction to the modern society challenges and needs. The task of the Second Vatican Council was to clarify the nature of the Sacred Scripture, which had to balance the Tradition and a new approach to the Scripture. Based on the analysis of the documents of the mentioned Councils and the commentaries of the authoritative Catholic preachers, the author concludes that the new approach to the Sacred Scripture essentially points to the open sacral and sacramental character of the Bible. The author emphasizes the modern approach to the sacrality of the Bible not only as to a "sacral book per se", but also in its sacral effect on the reader. The researcher asserts that new changes declared in Dei verbum and Verbum Domini, which emphasize the pastoral effect of the Bible as a way of knowing Jesus Christ, are crucial for the building relations between various Christian movements, especially for the Catholic and Protestant traditions. (shrink)

The article carries out a systematic analysis of the sacramental dimension of missionary activity and proves that the corresponding concepts are based on modern theological concepts that interpret the mission as the work of God, and not the work of the church. This interpretation of the mission is designed to overcome the crisis of missionary activity in the West and in the Ukrainian context. Transformations of the theological interpretation of the mission lead to the discovery of the significance of missionary (...) action as a sacramental act of God-human communication. Accordingly, the theological interpretation of the mission ceases to be subjective, but draws attention to the objective and intersubjective nature of the mission as a universal activity of God and the church. (shrink)

The paper displays the religious and theological foundations, which initiated the reformation process with the help of nowadays popular markers known as 5 Sola of Reformation. It demonstrates the main theological principles which identify Protestantism among other religious groups. But simultaneously the hermeneutics of these principles divides Protestantism into many currents, which forms this religious movement heterogeneity. The main focus of the article lays on the comparative description of each of five features of the theological system of Reformed theology in (...) the understanding of masters and radical reformation. The history of formation of 5 Sola and its theological meaning are analyzed as well. The paper's main interest is focused on the basic formal principle of all the Protestant movement - Sola Scriptura. The author of the article describes the Postmodern society challenges faced by this principle, he demonstrates what it does and what it does not mean in contemporary Evangelical movement. The meaning of Sola gratia as a formation point of Lutheran theological system is exposed, a different understanding of faith and interpretation of the principle of Sola fide in magisterial and radical Protestantism is exposed, the peculiarities of application of the principles of Solus Christus and Soli Deo Gloria in Eastern and Western Christian traditions. (shrink)

Conflict framing is key in political communication. Politicians use conflict framing in their online messages (e.g., criticizing other politicians) and journalists in their political coverage (e.g., reporting on political tensions). Conflicts can take a variety of forms and can provoke different reactions. However, the literature still lacks a systematic and theoretically-grounded conceptual framework that accounts for the multi-dimensionality of political conflict frames. Based on literature from political epistemology, political communication, and related fields such as psychology, we present four conceptual dimensions (...) of political conflicts: (1) the style (civil/uncivil); (2) the subject (personal/substantive); (3) whether it is about underlying moral/epistemic principles or not (deep/superficial conflict); and (4) whether it concerns a normative or factual issue. Results of a content analysis of newspaper articles and politicians’ tweets confirm the usage of these conflict dimensions in the Netherlands during a non-election period. Interestingly, most of the conflicts are civil, substantive, and do not highlight deep fundamental clashes. In light of the current societal concerns about the lack of respect in political debates and the deepening of our political divides, these findings can be considered encouraging. (shrink)

Volume 30, Issue 1, March 2024, Page 83-88.

The dissociation between the domains of knowledge continues to perpetuate the fragmentation of people’s health and healing experiences. Of particular significance are the polarities that have been created between the objective, subjective and spiritual dimensions of knowledge and human experience. This paper offers a consideration of how faith might serve as a pragmatic avenue towards assuaging the polarities between knowledges and enhancing nurses’ ability to attend to the complex and mulitdimensional nature of health and healing processes.