ArgumentThis paper studies the evolution of mathematics teaching in France and Germany from 1900 to about 1980. These two countries were leading in the processes of international modernization. We investigate the similarities and differences during the various periods, which showed to constitute significant time units and this in a remarkably parallel manner for the two countries. We argue that the processes of reform concerning the teaching of this major school subject are not understandable from within mathematics education or even within (...) the school system. Rather, the evolution of the processes of reform prove to be intimately tied to changing conceptions of modernity according to respective social and cultural values and to changing epistemological conceptions of mathematics. It is particularly novel that we show the key impact of the changing social status of primary schooling for these modernization processes. (shrink)

I come to grips with the deontological critique of constitutional proportionality that asserts that this doctrine ignores rights and slips into the utilitarian maximisation of societal interests. I...

I. Par opposition à l’individualisme purement métaphysique, au logicisme ontologique et au positivisme radical, il est soutenu que le droit peut être justifié, dans le domaine de l’expérience, comme valeur idéale et dont une part peut être rapportée à l’individu.II. Pour cela on cherche à montrer que si tout droit a d’abord été inclus, comme toute norme, dans la communauté, l’individu, quand il s’est trouvé libéré au sein de cette communauté, a pris à sa charge la constitution de toutes (...) les normes de la vie sociale et morale. Il y a été aidé par sa dépendance même vis-à-vis de la société qui lui a permis d’user et de la socialité et du langage pour se désindividualiser lui-même au sens empirique de ce mot, et projeter, au- dessus de soi, en même temps qu’une expression de soi une discipline pour soi, et pour autrui, consciente, voulue et tout de même objective et universalisable.L’individu, dans et par sa socialité, s’est donc fait lui-même source et critère des valeurs qu’il respecte et qui l’obligent. A ce titre il a bien affirmé et son individualité et son autonomie subjective. (shrink)

This article addresses intraorganizational pressures for organizational transformation toward more responsible business practices by exploring the role of internal activists. Building on the interactive framing perspective, I ask how internal activists develop a framing of their company’s responsibilities as they attempt to transform its business practices from the inside out. I explore this question in the context of a Danish pharmaceutical company’s responsibilities regarding the rising diabetes problem. Grounded in an inductive, interpretive analysis, I show how internal activists developed a (...) framing of the company’s responsibility over time and eventually instigated new ways of thinking about and doing business in their organization. I theorize the constitutive processes that strengthened frame alignment and allowed the internal activists to shape business practices. My study contributes to the literature on corporate social responsibility (CSR) communication by explaining how intraorganizational processes of meaning making may constitute more responsible business practices and by explicating the distinct role of internal activists as agents of organizational transformation. (shrink)

Partant de la rythmanalyse de Lefebvre, j’examine l’énergétique et la constitution spatio-temporelle du rythme et la manière dont cela met en évidence l’enchevêtrement polyrythmique des flux d’énergie dans la vie quotidienne, ainsi que la relation entre la techno-énergie « artificielle » des systèmes énergétiques et les échanges énergétiques « naturels » des mouvements planétaires, des systèmes écologiques et du fonctionnement des organismes (y compris humains). Je développe une compréhension thermodynamique et matérialiste de l’énergie et du rythme, afin de présenter (...) un certain nombre de propositions et d’explorer les implications pour la poursuite de stratégies de transformation à faible intensité de carbone à l’intérieur et à l’extérieur des systèmes d’énergie. (shrink)

The contemporary global crisis can be explored in different perspectives. This text focuses on constitutionalism. It asks whether constitutionalism still matters. Responding to this question requires revisiting the basic analytical and normative concepts that shape individual autonomy, polity, law and democracy in the context of globalization. Part I of the article introduces the question of the crisis of constitutionalism. It briefly explores the dispute between proponents of state and post-state constitutionalism, and proceeds with an analysis of societal constitutionalism. The (...) critical reading of this theory prepares the ground for a positive normative argument. Part II of the article argues for the return to the moral core of constitutionalism. It defends the claim that justice at the global stage requires establishing a minimum common denominator that would be composed of universalizable substantive principles. The institutional question follows. Its focus should be on the authoritative identification, protection and advancement of the core values of constitutionalism in the social and legal-political realms of the world society. (shrink)

This article maintains that it is the constitutional responsibility of the courts, here the courts of the State of Michigan, to engage in judicial policymaking in the process of formulating common law rules. The article is written in response to the views expressed by some Justices of the Michigan Supreme Court that separation of powers concerns should impose significant limits on the power of the courts to establish and develop the common law of Michigan. Specifically, the contention is that policymaking (...) is exclusively the province of the legislature, so that the courts cannot properly formulate common law rules that may have significant social and economic effects. The article strongly disagrees with the proposition that there is any kind of constitutional constraint, either prudential or structural, on the power, and indeed, the constitutional responsibility of the Michigan courts (or the courts of any state) to engage in judicial policymaking in the process of formulating common law rules.The judicial power given to the Michigan courts by the Michigan Constitution includes the power to do what courts have always done in the Anglo-American legal system. The judicial power gives the courts the responsibility to adjudicate controversies between private persons and in the process to develop a common law through the workings of binding precedent and stare decisis. In so doing, the courts may properly take into account considerations of social and economic policy just as the legislature does when it engages in the process of enacting legislation. The difference between what the courts do and what the legislature does is a difference in process, not a difference in substance. Judicial policymaking takes place within the judicial process, that is, in the adjudication of controversies between persons in which the courts promulgate common law rules. The common law develops in a line of growth through the workings of binding precedent and stare decisis, and to the extent that there are limitations on the development of the common law, these are limitations that inhere in the judicial process itself. When the courts, for example, consider whether a new claim or a new defense should be recognized by the common law, they must consider whether that new claim or defense properly follows in the line of growth from existing doctrine and precedent. But if the courts conclude that it does, that is, if the claim or defense is consistent with the line of growth of existing doctrine and precedent, the courts are not constrained from recognizing the claim or defense on the ground that the substance of the claim or defense is a matter for the legislature rather than for the courts or that the resulting common law rule may have significant social and economic effects. The legislature, in contrast, enacts legislation through the legislative process. That process is a freewheeling one, often dependent on political compromise and completely unrestrained by the kind of limitations that inhere the judicial process. There is no legislative concept of line of growth, and the legislature can and often does enact legislation that brings about fundamental societal change or reverses the course of public policy. In our constitutional system, the most important questions of public policy are, of course, determined by the Legislature. Where the legislature disagrees with the policy choices reflected in a common law rule, the legislature has the power to enact legislation changing the common law rule. But there are many areas of private law where the legislature has not acted. In our constitutional system, where the matter in issue is not covered or preempted by legislation, the courts may formulate a common law rule to cover that matter, and in so doing may engage in judicial policymaking. Judicial policymaking is a part of the development of the common law, and the courts cannot avoid their responsibility to engage in judicial policymaking to the extent that it is necessary in the process of formulating the common law. As a constitutional matter, there are no separation of powers considerations that prohibit the courts from engaging in judicial policymaking. This part of the article traces judicial policymaking and the common law back to the seminal writings of Oliver Wendell Holmes, Roscoe Pound and Benjamin Cardozo.The article then discusses at length judicial policymaking and the development of the common law in Michigan. It shows that the clearest history of judicial policymaking in development of the common law is the liability-limiting rules of the late nineteenth century that were promulgated in the wake of the Industrial Revolution to protect the newly-emerging industries. During that time the courts in Michigan and elsewhere grafted on to the general principles of negligence law liability rules such as assumption of risk, contributory negligence, and the fellow servant doctrine, all of which had the effect of denying recovery to workers and other victims of industrial accidents. Beginning in the middle of the twentieth century, however, the Michigan Supreme Court began excising its constitutional power to make changes in the common law, expanding significantly the scope of tort liability in Michigan. Emphasizing that "rules created by the court could be altered by the court," and that the court had a "corrective responsibility when dealing with judge-made law," the Court, in approximately a 30 year period: eliminated the imputed negligence doctrine, under which the driver's negligence was imputed to the passenger in the passenger's suit against a third party; eliminated charitable immunity as a defense to a tort action; held that a wife could maintain at tort action for loss of her husband's consortium; abrogated the defense of assumption of risk, which had been applied outside of the employment area, held that there could be recovery for pre-natal injuries and finally abolished contributory negligence as a complete bar to recovery in favor of a comparative negligence approach. In these cases the Court discussed the relevant policy considerations influencing their decisions with respect to the common law rule at issue. In the last quarter century, the Court continued to take into account policy considerations in developing the common law, but not infrequently there was disagreement on the Court as to where policy considerations should lead, with some Justices arguing that policy considerations supported the imposition of tort liability, while other Justices argued that they did not.The article concludes that it has been demonstrated that in the development of the common law of Michigan, the Michigan Supreme Court has at all times engaged in judicial policymaking. From the liability-limiting rules of the late nineteenth century designed to protect the newly-emerging industries in this state, to the Court's exercise of its power to change the common law in Michigan over a 30 year period by expanding significantly the scope of tort liability in Michigan, to its recognition of new claims, such as a child's right to recover for loss of a parent's consortium caused by a negligent injury, to its imposition of limits on tort recovery, such as the open and obvious doctrine, the Court has invoked considerations of policy in support of its decisions. In these cases, the Court's invocation of policy considerations was sometimes accompanied by substantial disagreement among members of the Court over where policy should lead, but at no time did the Court ever suggest that separation of powers considerations should somehow operate as a kind of restraint on the Court's use of policy in the development of the common law. It is the power and responsibility of the Michigan Courts under the Michigan Constitution to make policy choices in formulating the common law. (shrink)

Après avoir situé la signification politique de la Convention et du projet de Constitution, l’article analyse la place reconnue aux valeurs dans le projet européen, d’abord dans l’histoire de l’institution européenne depuis 1950, ensuite dans son développement. Il met ensuite en avant la nécessité d’un débat politique interconvictionnel sur les questions fondamentales du sens dans la société européenne. Il situe dans ce cadre les débats difficiles qui ont eu lieu autour des préambules de la Charte des droits fondamentaux et (...) de la Constitution , et autour de l’article 51 . Enfin, il explicite quelques conditions d’une participation féconde des Églises au débat européen. (shrink)

The term biodiversity is constituted as an object of scientific investigations through complex social and, in particular, socio-economic processes. Taking all these processes together we can speak of the global regulation of biodiversity. Conversely, analysing this social construction of nature is at risk of ignoring the material properties of biodiversity. To grasp both aspects, the social construction of biodiversity as well as the elements non-identical to this social construction, the term societal relationships with nature from the so called Frankfurt (...) School of critical theory is introduced. Starting from this approach, the perspectives of natural and social sciences are not really complementary. The thesis first involves an analysis of the different processes in which biodiversity is generated and presented as an object of social purposes and scientific investigations. Starting from the scientific problems emerging from the introduction of the new term we can come to a better understanding of how scientific research is connected with tendencies of the global society as a whole. Therefore problems of interdisciplinary research are interpreted as elements of the conflicts regarding the shaping of the societal relationships with nature in social reality. (shrink)

The fact that a society treats equally the different social movements and the opinions which they propound, constitutes the soul of pluralism. Pluralism is characteristic of the Western contemporary world and marks a break from previous societies, notably from those of the Middle Ages. It is certain that pluralism made it possible to overcome the religious, and later the philosophical divisions which have divided Europe since the Renaissance. But it also led to the diffusion of religious indifferentism and to secularisation. (...) The author asks what future is in store for pluralism. For him, it is a question of a method which, supposing certain conditions, makes it possible to establish contact between different social systems; international institutions and the universal religions, Catholicism in particular, have a special responsibility in this matter. (shrink)

The modern constitution is predominantly understood as a way of instituting and limiting power, and is expected to contribute to (societal) stability, certainty, and order. Constitutions are hence of clear sociological interest, but until recently they have received little sociological attention. I argue that this is unfortunate, as a sociological approach has much to offer in terms of a complex and historically sensitive understanding of constitutions and constitutionalism. Constitutional sociology has particular relevance in contemporary times, in which the (...) meaning of constitutions and constitutionalism is uncertain, and subject to contestation, and possible transformation. The constitutional sociology developed here is phenomenologically inspired and stresses the importance of understandings of the modern constitution as ‘embedded’ in constitutional imaginaries. Rather than as a visible and rationally designed construct, constitutional sociology understands constitutionalism as ultimately a ‘field of knowledge’. The suggestion is that this field of knowledge or ‘modern constitutional horizon’ is characterized by a tension between two ultimate markers, in terms of what Castoriadis has identified as the social imaginary significations of mastery and autonomy. Mastery and autonomy form prominent constitutional orientations, historically taking the form of solidified, instituted meanings, identified here as the modernist and the democratic imaginaries. In the last section, the two instituted constitutional imaginaries will be ‘unpacked’ in specific components (state sovereignty, absoluteness, fabrication, endurance, and distrust regarding the modernist imaginary; indeterminacy, creativity, dynamism, self-government and popular sovereignty regarding the democratic one). In conclusion, I suggest that constitutional sociology might significantly help elucidating the potential losses and heteronomous tendencies that may result from the contemporary uncertainty and possible metamorphosis that affects the modern constitution. (shrink)

The article protests against the usage of ethical codes by business organisations. It asserts that professionals are in a different situation to that of employees; and that with the latter ethical codes are used by management to ensure compliance and are devoid of ethical content. Ethical codes it is argued are part of management's control system in a time of flatter organisational structures with a far wider span of control. It is also asserted that the ambitions of some to utilise (...) ethical codes so that the business organisation is able to engender societal change is dangerous and likely, if successful, to return us to an age which we could not seriously desire to re-visit. (shrink)

Depuis quelques années, un renouveau historiographique s'est amorcé dans le champ des recherches sur l'ancienne Compagnie de Jésus autour de la production des savoirs. Dans cet article, on s'est attaché à saisir la place, les modalités et les enjeux d'une reconnaissance des pratiques littéraires jésuites en France entre 1620 et 1720, en essayant de montrer les tentatives de constitution d'un apostolat littéraire. Deux approches sont ici proposées: l'une strictement institutionnelle qui essaie de mesurer l'importance du travail intellectuel dans l'espace (...) des charges à l'intérieur de l'Ordre; une autre davantage centrée sur la communication sociale de l'Ordre à travers la discussion de plusieurs dossiers de la polémique antijésuite. (shrink)

La constitution des « publics » chez Dewey [1927] et la délibération inclusive chez Young [2000] visent la résolution d’un problème analogue, celui de la démocratisation effective de la société. Pour y parvenir, il faut, de part et d’autre, revenir au concept politique de « groupe » et le définir non pas ontologiquement – le critère d’identité par exemple – mais fonctionnellement comme une forme opératoire de structuration et de représentation d’intérêts communs. L’une des conditions de possibilité d’une telle (...) approche des « groupes » suppose cependant la construction d’un savoir partagé. On montrera que cette condition demeure problématique dans sa réalisation et que, par conséquent, les difficultés auxquelles se heurtaient Dewey à propos des « publics » se retrouvent dans la théorie youngienne de la démocratie inclusive. (shrink)

In this article I will address the critical question of the constitution of global systems and the part played in such processes by what is often summarized as culture. I examine the important distinction between culture and globalization and culture as constitutive of global social relations. The need to cleave to a systemic treatment of globality is put, while noting the dangers that lie in one-dimensional accounts of global system constitution. To offset any such tendency I explore the (...) constitution of global systemness from a structurationist perspective. I outline the nature and significance of culture in the study of global systems, drawing attention to different literatures. Finally I underscore the importance of the cultural turn in the study of global systems and what has to be done to take full advantage of it.In what follows I will address the critical question of the constitution of global systems and the part played in such processes by what is conveniently – if sometimes unhelpfully – summarized as “culture”. By global systems I mean networks of interaction and meaning that transcend both societal and national frames of reference. I want to shift the emphasis away from an under-theorized focus on cultural globalization to a consideration of global systems as enacted in part through cultural processes. In other words, I do not want to conflate the conjunctional features of contemporary (cultural) globalization with culture as the realm of lived experience integral to the enactment of all social-systemic relations. In some respects this approach may be seen as part of a shift – perhaps a paradigm shift – in how we understand the space of the social, and in how, or whether, we construe the global as the constitutive of all social relations (Beck 2003; Shaw 2003). I will begin with a mild polemic against a well-known systemic account of world-making forces that highlights some of these issues. (shrink)

The role of state in the contemporary global system is greatly shaped by its inner or domestic strength that include economic resilience, socio-political harmony and a stable constitutional political order. These attributes cannot be achieved by a state unless it assigns the highest priority to human and societal development and promotion of egalitarian socio-economic arrangements that provide equal opportunities to all citizens irrespective of ethnicity, language, religion, caste, region or gender. The focus is on transforming human resources into human (...) capital through education, learning of technology and skills, and health care. There is now a greater emphasis on good governance and a fair and transparent political management and delivery of basic services to the society. This covers policy making and implementation regarding a host of key issues. It is also important to ensure that the fruits of economic growth are fairly distributed in the society. The state must work towards removing socio-economic inequities and disparities among people and regions. This paper examines the major factors responsible for the growing emphasis in state policy on human and social development as well as the historical evolution of this change. It is argued that the political developments in the 1990s and later contributed most in creating a global awareness about human and societal developments. These include, inter alia, the end of the Cold War, the collapse of some states, the rise of religious and cultural extremism and terrorism and the efforts of the various organs and agencies of the United Nations to promote human development and social stability. The paper also identifies the major obstacles in the developing countries, especially in Pakistan, to socio-economic development and distributive justice. (shrink)

In The Origins of Totalitarianism, Hannah Arendt diagnosed three symptoms for the post-revolutionary, post-Enlightenment age ending in totalitarianism: 1) the obliteration of the possibility for action, i.e. for freedom; 2) the destruction of experience; and 3) the annihilation of the meaning of death. This essay tries to draw out what such Zeitdiagnose implies. I argue that for Arendt, it is not only the genuinely political that suffers irredeemably at the political as well as the societal levels of totalitarianism, but (...) as an internal correlate, the genuinely historical as well. By analyzing how the shapes of the historical metamorphosed for Arendt from Greco-Roman antiquity to Christianity, through Kant, Hegel, Marx and Nietzsche, I want to show that 1) the political modernism of Hannah Arendt carries within it a “historical modernism” and 2) such historical modernism re-embeds the present age within the Age of History by virtue of a critical distancing and a tiger’s leap into the past. (shrink)

Whitehead’s cosmology centers on the self-creation of actual occasions that perish as they come to be, but somehow do combine to constitute societies that are persistent agents and/or patients. “Instance Ontology” developed by D.W. Mertz concerns unification of relata into facts of relatedness by specific intensions. These two conceptual systems are similar in that they both avoid the substance-property distinction: they differ in their understanding of how basic units combine to constitute complex unities. “Process Structural Realism” (PSR) draws from both (...) of these approaches in developing an account of how combinations of processes may produce ontologically significant coherences. When a group of processes achieves such closure that a set of states recurs continually, the effects of that coherence differ from what would occur in the absence of that closure. Such altered effectiveness is an attribute of the system as a whole, and would have consequences. This indicates that the network of processes, as a unit, has ontological significance. The closed network of processes, together with the conditions that prevail, constitute the form of definiteness of the coherence. That form continues to obtain as long as the coherence persists. Constituents contribute to, rather than share, that characteristic. Aspects of some recent research in systems biology, microeconomics, and social psychology illustrate the application of PSR. (shrink)

The central themes of Jesus’ preaching, the kingdom and household of God, are root metaphors expressing the symbolic universe of God’s patronage subverting patronage and patriarchy structuring contemporary Mediterranean society, thus legitimising an anti-hierarchical community of faith. This dominant focus of Jesus’ message was discarded, as society’s prevalent patronage and patriarchy became the societal structure of the later faith communities. Today, patronage and patriarchy still forms the social structure for a large sector of Christian communities and many cultures, resulting (...) in inequality, injustice, exploitation and suffering. This article proposes that the only remedy for the faithful is a return to Jesus’ essential message, by investigating the social dynamics suggested by these root metaphors using metaphor theory and social scientific methods. Patronage is studied within contemporary Roman and Mediterranean aristocratic patriarchal society, forming an a-typical broad-based needle-like power pyramid with multiple similarly structured power pyramids within, based on a morality of indebtedness, honour and power. Jesus accepted God as his father and declared the advent of God’s patronage as king (kingdom of God) and father of the faithful (children of God). Within the kingdom and household of God, there was no hierarchy, except for the primate of the first born son, whom Jesus symbolises as broker for God’s patronage to all his followers. Within the faith communities there should be no hierarchy or any form of clientage other than God’s patronage. Rather, the faithful are equal and should serve each other and their communities with compassion, responsibility and justice.Contribution: The contribution of this research is its focus on similarity and dissimilarity of these patronage metaphors and their application to subvert the power dynamics of patronage and patriarchy within the community of the faithful, in order to proffer God’s patronage of a society of caring, selfless equals today. This research falls within the scope of HTS Theological studies, as it is a multi-disciplinary study of key biblical metaphors investigated with accepted methodology resulting in valid conclusions which are ethically sound. (shrink)

India has produced several drafts of data policies. In this work, they are referred to [1] JBNSCR 2018, [2] DPDPR 2018, [3] NSAI 2018, [4] RAITF 2018, [5] PDPB 2019, [6] PRAI 2021, [7] JPCR 2021, [8] IDAUP 2022, [9] IDABNUP 2022. All of them consider Artificial Intelligence (AI) a social problem solver at the societal level, let alone an incentive for economic growth. However, these policy drafts warn of the social disruptions caused by algorithms and encourage the careful (...) use of computational technologies in various social contexts. Hence, the emerging data society and its implications in India's social contexts demand immense social science attention, which needs to be improved in the policy drafts, primarily because they are creations of industry stakeholders, technocrats, bureaucrats, and experts from tech schools. In the larger social milieu of digital infrastructure emerging, the fundamental question is whether India's national philosophy envisioned in the Indian constitution is reflected in the policy papers. The paper enquires whether the national data policy upholds the core values dispersed through the philosophy of the Indian constitution, which, among other things, is not confined only to inclusion, diversity, rights, liberty, justice and equality. By focusing on constitutional values, the paper seeks to offer a broader and more critical understanding of India's approach to AI policy by bringing together analyses of a wide array of policy documents available in the public realm. (shrink)

Little is known about the world’s first sociological society, Émile Littré’s Société de Sociologie (1872—4). This article, based on prosopographic research, offers an interpretation of the foundation, political-intellectual orientation and early demise of the society. As indicated by recruitment and texts by its founding members, the Société de Sociologie was in fact conceived more as a political club than a learned society. Guided in this by Littré’s heterodox positivism and the redefinition of sociology he proposed around 1870, the Société de (...) Sociologie was intended first and foremost to accompany intellectually the political changes that Littré considered imperative in the early years of the Third Republic (1870— 1940). This expectation found little echo among the members of the society, and it seems possible that Littré himself and his closest associates were the ones to interrupt the society’s meetings. Some of its members’ general studies on the status of the social sciences and their main divisions were continued in the framework of the journal La Philosophie positive (1867—83), but the authors most committed to those studies were on the margins of the Littré network. Neither the dominant positivist republicanism, centered around Littré and Dubost, nor the general sociology of the more peripheral members of the network (Mesmer, Roberty, Vitry) represented an important intellectual contribution to the formation of academic sociology in France. Given that the Société de Sociologie did contribute to diffuse the project of a sociological science and developed forms of sociology coherent enough to be rejected by the pioneers of university sociology, the group constitutes a significant case of failure in the history of the discipline. (shrink)

Little is known about the world’s first sociological society, Émile Littré’s Société de Sociologie (1872—4). This article, based on prosopographic research, offers an interpretation of the foundation, political-intellectual orientation and early demise of the society. As indicated by recruitment and texts by its founding members, the Société de Sociologie was in fact conceived more as a political club than a learned society. Guided in this by Littré’s heterodox positivism and the redefinition of sociology he proposed around 1870, the Société de (...) Sociologie was intended first and foremost to accompany intellectually the political changes that Littré considered imperative in the early years of the Third Republic (1870— 1940). This expectation found little echo among the members of the society, and it seems possible that Littré himself and his closest associates were the ones to interrupt the society’s meetings. Some of its members’ general studies on the status of the social sciences and their main divisions were continued in the framework of the journal La Philosophie positive (1867—83), but the authors most committed to those studies were on the margins of the Littré network. Neither the dominant positivist republicanism, centered around Littré and Dubost, nor the general sociology of the more peripheral members of the network (Mesmer, Roberty, Vitry) represented an important intellectual contribution to the formation of academic sociology in France. Given that the Société de Sociologie did contribute to diffuse the project of a sociological science and developed forms of sociology coherent enough to be rejected by the pioneers of university sociology, the group constitutes a significant case of failure in the history of the discipline. (shrink)

My aim in this article is twofold. First, I will illuminate the triangular conceptual connections between responsibility, authority, and power as they are exposed in the organizational realm; second, I will show how the three concepts are distinct. Relying on the work of Peter Strawson and his followers on responsibility for my point of departure, I will show that the connection between the inner corporational authority and its inner matching responsibility is different from the connection between the outer corporational forces (...) and influences and the CSR that they develop in reaction to these. This will expose another important distinction between two kinds of responsibility: the organizational kind, as instantiated in organizations, and the social kind, which constitutes the outer aspect of the CSR. Though many thinkers address different kinds of responsibility, a comparative perspective of these different concepts is missing. I attempt to bring three of these separate discourses together to examine them alongside one another, evaluating them in the light of their differences and similarities. This will expose a new typology of ‘responsibility’ that penetrates and illuminates the relations between corporations and society and as such enhance our understanding of organizational responsibility. (shrink)

‘On the 26th of January 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality’. B. R. Ambedkar’s famous last speech to the Constituent Assembly on 25 November 1949 still resonates within contemporary Indian constitutional law, and even more so his following interrogation: ‘how long shall we continue to live this life of contradictions?’ Prima facie societal, the contradiction is however also a (...) temporal one, Indian constitutional law being founded on both the British traditional idea of ‘continuum’ and the American inspired revolutionary principles of ‘pursuance’ of a novel legal and social order. Two recent Indian Supreme Court decisions pertaining to the de-criminalisation of same sex relations ( Navtej Singh Johar v. Union of India) and for the right of menstruating women to enter the Sabarimala Temple in Kerala ( Indian Young Lawyers Association v. Union of India) offer through their differing and sometimes dissenting opinions a glimpse at those temporal contradictions. Through an analysis of both decisions and in particular that of Chandrachud J. and Malhotra J.’s judgements, this article seeks to highlight two radically differing conceptions of temporality applied to constitutional issues, which can themselves be linked back to the transposition of the legal positivist discourse in India within the colonial era: on the one hand, an attempt to continue Common law’s empirical-based tradition and on the other hand, an (apparently) a-historical perception of Law drawn from neo-Roman civilian legal discourse and later normative positivism. If both branches of legal reasoning aim at protecting minorities’ rights, the value they inscribe to History within the realm of Law cannot be further apart. (shrink)

My aim in this article is twofold. First, I will illuminate the triangular conceptual connections between responsibility, authority, and power as they are exposed in the organizational realm; second, I will show how the three concepts are distinct. Relying on the work of Peter Strawson and his followers on responsibility for my point of departure, I will show that the connection between the inner corporational authority and its inner matching responsibility is different from the connection between the outer corporational forces (...) and influences and the CSR that they develop in reaction to these. This will expose another important distinction between two kinds of responsibility: the organizational kind, as instantiated in organizations, and the social kind, which constitutes the outer aspect of the CSR. Though many thinkers address different kinds of responsibility, a comparative perspective of these different concepts is missing. I attempt to bring three of these separate discourses together to examine them alongside one another, evaluating them in the light of their differences and similarities. This will expose a new typology of ‘responsibility’ that penetrates and illuminates the relations between corporations and society and as such enhance our understanding of organizational responsibility. (shrink)

The crisis resilience of vital social systems is currently the target of constant development efforts in Finland, as their drifting into crisis would weaken societies’ functional abilities, safety, and security. This is also the case regarding the Finnish health care system. In an attempt to move beyond existing frameworks of crisis imagination, this article takes an unconventional stance by elucidating endogenous crisis dynamics present in the Finnish health care system. Delphi process was conducted for top experts in Finnish health care (...) and crisis management. With a dissensus-seeking orientation, our aim was to fertilize disagreements among panelists to reveal key vulnerabilities in the health system. Despite our efforts to evoke dissensus, the panelists ended up generating a consensus that aims to protect the underlying assumptions of the health system’s knowledge structure. Through inductive analysis of expert discourses, the data was analyzed through our research question “what constitutes a crisis-proof health system and a crisis-prone health system”. What is framed as a strength of the system by our panelists, namely the ability to maintain legitimacy, improve efficiency, and guarantee continuity, can still have questionable implications that are left ungrasped. A system’s theory approach illustrates how such effects can develop and escalate beyond the reach of social interventions, and thus be predisposed to cause objectionable yet concealed social crises. The discussion illustrates how these endogenous crisis dynamics could be seen to materialize in real-life cases. (shrink)

Gendered language is becoming a matter of serious concern for legal drafters and policymakers because 'it is always changing as societal views change' (The University of Calgary: Office of diversity, equity and protected disclosure 2017:1). Many western countries have made considerable progress towards using inclusive legal language. However, inclusive language is not implemented in other parts of the World; the Arab World is no exception. This may be due to the violation of language rules, the decline of language, and (...) the lack of enough evidence that changing the language will change society (Brown in ABA J, 2019) and (Brown in ABA J: 24–26, 2018). In this paper, I explore the challenging socio-cultural and linguistic factors that may hinder the implementation of gender-inclusive language in Arabic and explain the current situation in two current constitutions of Egypt and Tunisia in particular. The main aim of this paper is to conduct a comparative analysis of terminology representing gender in the Egyptian (2014, amended 2019) and Tunisian (2014) Arabic-English Constitutions using corpus-based tools. The analysis shows inconsistent attempts at a more inclusive source text through using neutral terms and adding inclusive pre-modifiers to these terms. It also shows inconsistent translation of gender-specific terminology and pronominal references. Both constitutions explicitly stress the ‘eradication of violence against women’ and express parity between ‘women’ and ‘men’ in terms of ‘equal rights’ and ‘appropriate political representation’ (e.g. in the Egyptian House of Representatives (28%) and the Tunisian Assembly of People’s Representatives (26%)) (International Institute of Democracy and Electoral Assistance, IDEA 2021). Although these percentages are not far away from the representation of women in European countries such as the United Kingdom (35%) (International Institute of Democracy and Electoral Assistance, IDEA 2021), it is the reality of women’s actual roles, change they initiate and their impact in the society that counts. (shrink)

The United States Constitution was written for the purpose of establishing an effective but limited national government, a government that would be capable of dealing with national and international problems, but that would not be able to violate the traditional liberties of the people. Thus, the Constitution was, and is essentially a practical-juridical document. One should not expect to find there pronouncements about the nature of man, society, law, or the state, such as are often found in many (...) other national constitutions and international conventions. Nevertheless, several important characteristics of the Constitution—indeed its most important characteristics—are clear and admirable applications of the natural law. The principal drafters of the Constitution believed that God, in creating the universe, implanted in the nature of man a body of law to which all human beings are subject, which is superior to all manmade law, and which is knowable by human reason. Thus, the natural law of the American founders was traditional natural law as understood and expounded by classical and Medieval writers and carried forward in the English common law, and not the “Enlightenment” versions in vogue in eighteenth-century Europe. The classical-traditional natural law understanding of Madison, Hamilton, Wilson, and other leaders of the Philadelphia Convention are reflected in the three most important characteristics of the Constitution: the principle of limited government; the principle of subsidiarity (in both political and larger societal matters); and the practice of guaranteeing traditional rights, and only as against government. (shrink)

The technological society, with all its potentialities in terms of well-being or improvement of daily life, is a source of many paradoxes that constitute real challenges for ethical reflection. Indeed, we have never been so free to express ourselves through information and communication technologies, while simultaneously encountering increasingly acute forms of alienation. More broadly, our current world suffers from an impoverishment of social imaginaries (if we consider the generalization of the consumerist model, identity retreats, separation logics), even though their strength (...) is essential to the fate of ethics, let alone in technological societies that are becoming more and more structurally complex. (shrink)

The article examines recent theories of legal and constitutional pluralism, especially their adoption of sociological perspectives and criticisms of the concept of sovereignty. The author argues that John Griffiths's original dichotomy of “weak” and “strong” pluralism has to be reassessed because “weak” jurisprudential theories contain useful sociological analyses of the internal differentiation and operations of specific legal orders, their overlapping, parallel validity and collisions in global society. Using the sociological methodology of legal pluralism theories and critically elaborating on Teubner's (...) class='Hi'>societal constitutionalism, the author subsequently reformulates the question of sovereignty as a sociological problem of complex power operations communicated through the constitutional state's organization and reconfigured within the global legal and political framework. (shrink)

This article is an analytic register of recent European efforts in the making of ‘autonomous’ robots to address what is imagined as Europe’s societal challenges. The paper describes how an emerging techno-epistemic network stretches across industry, science, policy and law to legitimize and enact a robotics innovation agenda. Roadmap is the main metaphor and organizing tool in working across the disciplines and sectors, and in aligning these heterogeneous actors with a machine-centric vision along a path to make way for (...) ‘new kinds’ of robots. We describe what happens as this industry-dominated project docks in a public–private partnership with pan-European institutions and a legislative initiative on robolaw. Emphasizing the co-production of robotics and European innovation politics, we observe how well-known uncertainties and scholarly debates about machine capabilities and human–machine configurations, are unexpectedly played out in legal scholarship and institutions as a controversy and a significant problem for human-centered legal frameworks. European robotics are indeed driving an increase in speculative ethics and a new-found weight of possible futures in legislative practice. (shrink)

The identity of a natural kind can be construed in terms of its causal profile. This conception is more appropriate to science than two alternatives. The identity of a natural kind is not determined by one causal role because one natural kind can have many causal roles and several functions and because some functions are shared by different kinds. Furthermore, the microstructuralist thesis is wrong: The identity of certain natural kinds is not determined by their microstructure. It is true that (...) if A and B have the same microstructural composition then a sample of a c. hemical substance A is of the same chemical substance as a sample of B. However, the reverse does not hold. It is not the case that if a sample of a chemical substance A is of the same chemical substance as a sample of B then A and B have the same microstructural composition. This is because a macroscopic NK can be “multiconstituted” by different microstructures. (shrink)

Tristan Murail est, avec Gérard Grisey, un des deux grands représentants de ce qu'il est convenu d'appeler la "musique spectrale". L'expression indique une référence constante à la structure microscopique des spectres sonores : c'est la vie intérieure des sons, avec leur harmonicité ou inharmonicité, leurs transitoires d'attaque ou d'extinction, qui constitue chez Murail le modèle par excellence pour construire des formes musicales. Cet ouvrage - le premier entièrement consacré à l'œuvre de Murail - évoque sa situation esthétique face à d'autres (...) courants de la musique d'après 1945. Un long entretien donne la parole au compositeur, pour retracer un parcours qui l'a mené de Messiaen à Scelsi et au-delà, ainsi qu'au pédagogue (Murail enseigne depuis plusieurs années aux Etats-Unis). Une analyse approfondie de l'une de ses pièces marquantes, L'Esprit des dunes, permet d'entrer dans son atelier, de suivre le processus de création qui conduit de l'analyse des sons à l'invention des formes. Enfin, Tristan Murail lui-même revient en détail sur chacune de ses œuvres, nous livrant son regard rétrospectif en un document précieux. (shrink)

Este artículo presenta a Weber y Habermas como los umbrales o polos de una modernidad que tiene al progreso como horizonte teórico-práctico. El diagnóstico weberiano sobre la modernidad y su proceso de desencantamiento del mundo y la injustificada reducción de la actividad racional a una actividad utilitario-estratégica desprovista de su carácter veritativo y de su orientación valórica, Habermas la utiliza para justificar su propuesta teórico-crítica respecto a la modernidad y la "paradoja de la racionalización", distinguiendo "sistema" y "mundo vital". Aquí (...) "desencantamiento del mundo" y "consenso del proyecto de lamodernidad", se encuentranThis article presents Weber and Habermas like the thresholds or poles of a modernity that has to the progress as theoretical- practical horizon. The diagnosis weberiano on the modernity and his process of disenchantment of the world and the unjustified reduction of the rational activity to a utilitarian-strategic activity devoid of his character of truth, Habermas uses to justify his theoretical-critical offerwith regard to themodernity and the "paradox of the rationalization", distinguishing "system" and "vital world". Here "disenchantment of the world" and "consensus of the project of the modernity", they are. (shrink)

Marcel Beaufils fut un pedagogue exceptionnel qui exerca une influence decisive sur l'evolution de l'esthetique musicale en France, a partir des annees 50. Or, parmi ses ouvrages, Musique du son, musique du verbe est tres certainement celui qui porte le plus fortement la marque de son activite d'enseignant au Conservatoire National Superieur de Musique de Paris ; cette mission, il semblait l'entendre davantage comme celle d'un declencheur d'idees, catalyseur, plutot que du transmetteur d'un savoir fige une fois pour toutes. Bouleversant (...) toute tentative de classification academique, toute certitude acquise, ce livre laisse des pointilles ; un grand souffle traverse son ecriture. N'en deplaise aux musicographes, il s'agit la d'un ouvrage de creation, qui nous rappelle que Marce Beaufils etait egalement un ecrivain qui savait manier le verbe a la fois en tant que dramaturge et en tant que poete. (shrink)