Etiquette writer Judith Martin is frequently faced with “etiquette skeptics,” interlocutors who protest not simply that this or that rule of etiquette is problematic but complain that etiquette itself, qua a system of conventional norms for human conduct and communication, is objectionable. While etiquette skeptics come in a variety of forms, one of the most frequent skeptical complaints is that etiquette is artificial.The worries Martin canvasses are frequently also raised in more philosophical work as (...) reasons to doubt the moral significance of etiquette. See, e.g., Sarah Buss, “Appearing Respectful: The Moral Significance of Manners”, Ethics 109.4 : 795–826; Nancy Sherman, “The Look and Feel of Virtue”, in Christopher Gill, ed., Virtue, Norms, and Objectivity: Issues in Ancient and Modern Ethics ; and Karen Stohr, On Manners , especially Chapter 1. “Artificial” typically operates in this context as a catch-all te .. (shrink)

In this article we address Emile Durkheim's theory that norms and values become more generalized and abstract in a society as it becomes more complex and differentiated. To test Durkheim's theory we examine etiquette manuals—the common texts that define normative manners and morals in American society. We perform a deductive content analysis on past and present etiquette manuals to understand what changes have occurred regarding shifting behavioral norms and values over time. Our findings suggest that a change has (...) occurred in the presentation and language of contemporary etiquette manuals, reflecting a greater change in the normative order. We find—as Durkheim would expect—that three main shifts have occurred: a shift from specific to general expectations for behavior in social settings, a shift from demanding to more suggestive rules of behavior in social situations, and a weakening in the severity of sanctions for breaches of etiquette. (shrink)

The issue of wiping over socks is part of the more general issue of wiping over leather socks (khuffayn) for ablution (wuḍū’). Washing feet or wiping over them is a debate whose sides bases their claims on the verses of the Qur’an and supports these claims with narrations. When performing ablution, if shoes or socks are on the feet, whether one can wipe over them without taking these off and the qualities that these clothes should have is a debate based (...) on hadith narrations. Most Muslims except for the Ja’farite are of the opinion that either washing the feet or wiping over a khuff or similar clothing that was put on while a person already had ablution can be done during ablution, while the Ja’farite think that wiping over bare feet is enough but wiping over khuff is not. There is a consensus that shoes, boots, buskins and other leather footwear qualify as khuff. However, there is disagreement over whether clothing from materials like cotton, linen, wool, and felt -usually referred to as socks- qualify as khuff. For this reason, some Muslims of the world wipe over socks while others do not. There are contemporary fatwas (legal opinion) that are supportive of either of the positions. However, there are those who treat this issue beyond choosing a side in an ijtihad (process of juristic legal reasoning) and some who wipe on socks are censured strongly. In this research based on an examination of the fiqh heritage, the goal is to contribute to making this issue better understood and its fiqh ruling clearer.Summary: The sixth verse of Surah Ma’idah in the Qur’an clearly states that wuḍū’ requires washing the face, arms up until elbows, and wiping over the head. However, when it comes to the fourth element of wuḍū’, the feet, there has been disagreement about whether it should be wiped or washed. Arabic grammar rules and narrations have been interpreted in ways that support both views; in general Sunni sects, Zaydis, and Kharijites argue the feet should be washed while Shia Ja’farites are in favor of wiping over bare feet. There have also been efforts among faqihs (jurists) to reconcile washing and wiping; washing slightly; choosing the better one between the two; washing when not covered, wiping when covered; washing if there is dirt, wiping if it is clean; viewing at least wiping as fard (obligatory), washing as a Sunna (recommended) that includes the fard as a way to unify the two approaches have also been proposed.According to widely accepted narrations, the prophet and his companions washed their feet when performing wuḍū’ and once they put on their shoes having had wuḍū’, the next time they only wiped over the shoes without taking them off. In less commonly accepted narrations, which some hadith authorities regard as authentic, the Prophet is said to have wiped over his socks. In narration sources, it has been narrated that about fifteen faqih companions, among them ʿUmar b. al-Khaṭṭāb, ʿAlī b. Abī Ṭālib, ʿAbdallāh Ibn Masʿūd, ʿAbdallāh b. ʿAbbās, ʿAbdallāh b. ʿUmar, saw wiping over socks as appropriate. However, there are no narrations about the companions disapproving of wiping over socks. Among those who approved of wiping over socks are tābiʿūn (successors) faqihs like Saʿīd b. D̲j̲ubayr, Saʿīd b. al-Musayyab, Ibrāhīm al-Nakhaʿī, ʿAṭāʾ b. Abī Rabāḥ, al-Ḥasan al-Baṣrī ve al-Aʿmash, and Mujtahid Imams like Zufar, Sufyan al-Thawri, al-Ḥasan b. Ṣāliḥ, Ibn al-Mubārak, Abū Yūsuf, Muḥammad al-Shaybānī, Aḥmad b. Ḥanbal, Isḥāq b. Rāhawayh. Considering their most prominent positions, we can say that Ḥanafis and Shafis allow wiping over socks that are thick and opaque, Hanbalis allow it over socks that cover the foot even if thin, while Mālikīs do not allow wiping over socks at all.As far as it is understood from narrations from the Prophet’s time, due to both climate conditions and weaving possibilities, socks were used only rarely. Also, footwear like shoes or slippers made of leather were very hard to find and narrations suggest that prayers were performed at houses and the masjids over soil base on either bare foot or with shoes. For these reasons, the issue of wiping over socks did not arise at the time and at later periods different opinions on the issue led to disagreements. When carpets were placed on the ground at later periods, performing the prayer with shoes was abandoned and a second layer of shoes (khuff) was placed inside the shoes as khuff. Since removing the shoes would invalidate wuḍū’ performed over that shoe, those who wanted to avoid the difficulty of having to wash their feet each time they needed wuḍū’ have instead wiped over this second layer once they put them on after performing wuḍū’.Ḥanafīs and Shāfiʿīs, who tend to approach the issue of wiping over socks with hesitation and make this conditional on some strict rules, emphasize that the socks to be wiped over should be similar to shoes in terms of thickness, based on the idea that it is certain that the Prophet has wiped over shoes made of leather but his wiping over socks is weaker and that the qualities of those socks are not clear. Among the thickness criteria expressed for the socks are being waterproof, the ability to walk for at least a league with it, and its ability to hold on to feet without being tied at the wrists. Due to these criteria, which have been developed to protect the wuḍū’ and whose boundaries are not well specified, especially among Ḥanafis the idea that wiping over socks is not allowed has gained popularity. As opposed to this, in circles dominated by Ḥanbalīs opinions allowing wiping over any type of socks have been expressed.At times when the Prophet had his shoes on and did not want to take off his shoes, he used to wipe over the shoes. The equivalent of this act today is to wipe over socks since prayer with shoes on is not common any more. While nowadays wiping over socks is an ease for everybody when performing wuḍū’, it is something that is especially needed under certain circumstances. Cold weather and the lack of drying possibilities for the feet leading catching cold and illness, socks that are put on when feet are wet leading to bad smell and fungus on feet, the hardship of elevating the feet high enough to the sink and of changing socks on one foot when there are no special wuḍū’ places, the fact that at societies distant from Islamic culture it is seen against the etiquette to wash feet in the sink are among the reasons why this need arises. Because most of the time we are not in a position to determine the circumstances of our work and travels at modern times, it can be said that today this need is more than it was in the past.Some scholars of today use a precautionary principle and argue that the Qur’an commands to wash the feet, and the only narration powerful enough to make an exception to this rule is about masts made of leather, and extending this to include socks would go against the precaution principle and some other principles of uṣūl al-fiqh (Islamic legal theory). However, some other scholars who use the ease in religion principle argue that the permission to wipe over masts also include wiping over socks and that they are of the same nature, that there are authentic narrations that show wiping over socks are allowed and that one can even talk of an ijmāʿ (consensus) among the companions on this issue, and that seeking additional qualities socks on which one is to wipe over, such as thickness, ability to walk with it, its ability to hold on to the feet, being waterproof, have no merit in the sharīʿa. Jamaleddīn Qāsimī, who wrote a special research book on the topic, and scholars like Abū l-Aʿlā Mawdūdī, Yūsuf al-Qaradāwī, ʿAbd al-ʿAzīz b. Bāz, Ibn al Uthaymeen think that one can wipe over daily socks that do not show the skin beneath it, while scholars predominantly of the Ḥanafi opinion hold that one cannot wipe over the thin daily socks. (shrink)

This paper considers Kazakh traditional culture in terms of its etiquette rules. Four main blocks are explored: the etiquette of greeting and farewell, hospitality, family etiquette, and blessings, all of which are mandatory in everyday situations. This study acquires importance in relation to the complicated processes of interethnic relations after the collapse of the Soviet Union and the independence of Kazakhstan. Familiarity with the traditions and norms of behavior in Kazakh society as well a basic knowledge (...) of ethnic etiquette serves to strengthen intercultural relations and to understand the ways of life of neighboring and distant peoples. This topic is of special importance in relation to the study of communication culture among interethnic groups after the collapse of the USSR. (shrink)

What are rules? In this paper I develop a view of regulative rules which takes them to be a distinctive normative kind occupying a middle ground between orders and normative truths. The paradigmatic cases of regulative rules that I’m interested in are social rules like rules of etiquette and legal rules like traffic rules. On the view I’ll propose, a rule is a general normative content that is in force due to human (...) activity: enactment by an authority or acceptance by a community. Rules are unlike orders in being not necessarily communicative, not an expression’s of the giver’s will, not evaluable for sincerity, and in that they have propositional content. And they’re unlike normative truths in that they’re themselves not even truth-evaluable (though their contents are). This is because rules qua things that are in force are not like constatives which have a mind to world direction of fit, but more like performatives. Furthermore, they differ from normative truths in that their normativity is isolated from their background justification and is therefore not dependent on contributory notions like reasons coming together in a weighing explanation. As such, they occupy a middle ground between orders and normative truths, much like in H. L. A. Hart’s opinion law occupies a middle ground between “coercion” and “morality” (Hart 1961/1994). I also illustrate the virtues of this understanding of rules by showing how proper appreciation of how they differ from normative truths helps us defuse a common objection to Hart’s practice theory of rules. (shrink)

Jesus of Nazareth, like Socrates, left nothing behind written by himself. Yet, the records of his teaching indicate a rich interest in dialogic pedagogy, reflected in his use of the parable, primarily an oral genre, as a dialogic provocation. Working at the interface of pedagogy, theology and philosophy, this article explores the parable of the Good Samaritan from the perspective of dialogic pedagogy. It employs an analytical approach termed diacognition, developed from the notions of dialogue, position and cognition, to analyse (...) the moves within the parable and the teaching situation in which it is located. The article explores how Jesus engages the dialogue of and around the parable to position and reposition his interlocutor, provoking a re-cognition of what it means to love one’s neighbour. It concludes by reflecting on the implications of this analysis for the relation of meaning to knowing and doing. (shrink)

The information explosion and digital modes of learning often combine to inform the quest for the best ways of transforming information in digital form for pedagogical purposes. This quest has become more urgent and pervasive with the ‘turn’ to online learning in the context of COVID-19. This can result in linear, asynchronous, transmission-based modes of teaching and learning which commodify, package and deliver knowledge for individual ‘customers’. The primary concerns in such models are often technical and economic – technology as (...) a cost-effective ‘solution’ to educational challenges. In this paper I argue for the importance of dialogic learning space in teaching and learning by means of Information and Communication Technologies, whether in the form of fully online learning, blended learning or face-to-face encounters using ICT affordances. Although the 20th Century theorists Mikhail Bakhtin (1895–1975) and Hans-Georg Gadamer (1900–2002) produced their seminal works before the advent of ICTs, they were both concerned with the quality and authenticity of human engagement with texts and with other persons and contexts. Besides a shared interest in dialogue as an ontological feature of human life and being, they both used spatiotemporal concepts for understanding and interpreting texts. The article draws on Gadamer’s notions of dialogue and horizon, and Bakhtin’s notions of dialogue and chronotope, to conceptualize dialogic possibilities for online education. Its purpose is to provide a framework, grounded in Bakhtin’s and Gadamer’s ideas, for a dialogic approach to online teaching and learning in higher education. (shrink)

Dialogue is a seminal concept within the work of the Brazilian adult education theorist, Paulo Freire, and the Russian literary critic and philosopher, Mikhail Bakhtin. While there are commonalities in their understanding of dialogue, they differ in their treatment of dialectic. This paper addresses commonalities and dissonances within a Bakhtin-Freire dialogue on the notions of dialogue and dialectic. It then teases out some of the implications for education theory and practice in relation to two South African contexts of learning that (...) facilitate the access to education of disadvantaged groups, one in higher education and the other in early childhood education. (shrink)

This article examines the relationship between online dispute resolution (ODR) and trust. We discuss what trust is, why trust is important, and how trust develops. Our claim is that efforts to implement online dispute resolution on a site or service in a manner that promotes trust need to consider ODR as just one tool in a broader toolbox of trust-building tools and techniques. These techniques are amongst others marketing, education, trust seals, and transparency. By evaluating ODR in its proper context (...) as one component of a larger trust strategy, we can more accurately set expectations for its results and position our projects for success. (shrink)

The article presents proofs of the context freeness of a family of typelogical grammars, namely all grammars that are based on a uni- ormultimodal logic of pure residuation, possibly enriched with thestructural rules of Permutation and Expansion for binary modes.

Rules are a central component of such diverse enterprises as law, morality, language, games, religion, etiquette, and family governance, but there is often confusion about what a rule is, and what rules do. Offering a comprehensive philosophical analysis of these questions, this book challenges much of the existing legal, jurisprudential, and philosophical literature, by seeing a significant role for rules, an equally significant role for their stricter operation, and making the case for rules as devices (...) for the allocation of power among decision-makers. (shrink)

It is a commonplace within philosophy that the ontology of institutions can be captured in terms of constitutive rules. What exactly such rules are, however, is not well understood. They are usually contrasted to regulative rules: constitutive rules (such as the rules of chess) make institutional actions possible, whereas regulative rules (such as the rules of etiquette) pertain to actions that can be performed independently of such rules. Some, however, maintain that (...) the distinction between regulative and constitutive rules is merely a linguistic one. In this paper I present the status account of constitutive rules in order to address this criticism. According to the status account constitutive rules pertain to institutional statuses and statuses are to be understood in terms of status rules. Status rules concern the enabling and constraining roles of institutions, and constitutive rules specify the preconditions that have to be met in order for them to play these roles. Even though I end up endorsing the claim that the distinction mentioned is a linguistic one, I go on to argue that there is an underlying reality that constitutive rules serve to make apparent. (shrink)

This paper presents a series of arguments aimed at showing that, for an important subclass of social rules—non‐summary rules—no adequate metaphysical account has been given, and it tentatively suggests that no such account can be given. The category of non‐summary rules is an important one, as it includes the rules of etiquette, fashion, chess, basketball, California state law, descriptive English grammar, and so on. This paper begins with behavioristic accounts of the conditions for the existence (...) of such rules, and proceeds through progressively more complex accounts, all the way to what are labeled ‘normative attitude accounts,’ which are prima facie plausible and particularly popular. In each case it is argued that the type of account under consideration cannot explain the existence of the relevant type of social rule. (shrink)

The aim of this paper is to investigate and describe the content in school rules by developing a category system of school rules, and thus making the logic behind different types of rules in school explicit. Data were derived from an ethnographic study conducted in two primary schools in Sweden. In order to analyse the data, grounded theory methodology was adapted. The analysis resulted in a category system of school rules, containing the following main categories: (a) (...) relational rules, (b) structuring rules, (c), protecting rules, (d), personal rules and (e) etiquette rules. In the light of this categorisation, more consciously pedagogical and professional work with rules can be conducted. The category system can counteract vagueness and unreasonableness, as well as highlighting the content, logic and functions of different school rules. (shrink)

As the latest tool for disseminated information and editorial comment shaping public opinion, blogging is quickly gaining popularity, prominence, and power. One major controversy for the new medium of circulating news and commentary is to what extent or even whether blogs should have codes of ethics. We examined 30 politically-oriented weblogs. Of these, only a few had a code of ethics, stated or implied. Little cohesion existed between the codes of ethics, but a few themes emerged. Qualitative analysis of the (...) codes of ethics shows that what bloggers valued most included accuracy, credibility, and etiquette. We further provide evidence to support the prevailing thought that, while appearing to be “ethical” seems important to bloggers, blogging ethics and credibility are difficult to operationalize. (shrink)

As the latest tool for disseminated information and editorial comment shaping public opinion, blogging is quickly gaining popularity, prominence, and power. One major controversy for the new medium of circulating news and commentary is to what extent or even whether blogs should have codes of ethics. We examined 30 politically-oriented weblogs. Of these, only a few had a code of ethics, stated or implied. Little cohesion existed between the codes of ethics, but a few themes emerged. Qualitative analysis of the (...) codes of ethics shows that what bloggers valued most included accuracy, credibility, and etiquette. We further provide evidence to support the prevailing thought that, while appearing to be "ethical" seems important to bloggers, blogging ethics and credibility are difficult to operationalize. (shrink)

The need to study the concept of “politeness” from the point of view of its linguistic and cultural nature is caused by the desire to study the national identity of speech etiquette in different cultural spaces and conditions. The aim of the work was to form an idea about the specifics of the implementation and understanding of the concept of “politeness” in the Uzbek information field. In this study, the following methods were used: contextual, conceptual, communicative, linguocultural, analytical-synthetic, and (...) comparative. This study is focused on the study of key lexical meanings (stylistically neutral and marked, basic and additional) that are within the functional-semantic field of the concept “politeness.” With the help of contextual study of different variants of the use of the lexeme, the meanings were distributed in the conceptual structure (core, near and far periphery). Also, the key etiquette formulas representing the originality and national-specific features of the Uzbek linguocultural tradition were considered. The importance of politeness in the information space of Uzbekistan is assessed, including with the help of both positive and negative associations, that is, from an axiological point of view. Speech etiquette and linguistic formulas were considered from the point of view of the influence of social, cultural, and political values of the Uzbek people. In the process of analyzing the lexical layer, the boundaries of the functional-semantic field of the concept “politeness” were determined: from the principles of communication and a set of rules of etiquette to the strategy of obtaining benefits from communication and insincere attitude. In the future, this work can be used for comparative analysis of the conceptual structure of politeness with models presented in other close and distant languages, comparison of speech etiquette and linguistic formulas in different national cultures. (shrink)

The thesis examines a central and controversial question in the philosophy of mind and language: Is meaning normative? Are there rules we must follow for our words to have meaning? ;Philosophers are sharply divided over this question. One side, often associated with Wittgenstein and more recently Kripke, sees meaning as essentially normative. If a sign is to be meaningful, then surely, it is argued, there must be a distinction between the correct and incorrect use of that sign. The other (...) side eschews the appeal to rules. This line of thought goes back to Quine, and has been vigorously defended by Davidson, who argues that linguistic rules are no more essential to speaking a language than the rules of etiquette at a dinner table are to consuming food. ;The dissertation proposes that we approach the question by asking whether there is a notion of linguistic incorrectness which is essential to meaning. Various common versions of the notion of linguistic incorrectness are considered, including the one appealed to by Saul Kripke in his discussion of Wittgenstein, the suggestion that going against the communicative conventions is making a linguistic error, and Tyler Burge's idea that we err when we violate certain constitutive community norms. Neither of these suggestions, it is argued, supports the idea that rules are essential to meaning. ;But we should not conclude from this, as does Davidson, that we can reject the notion of linguistic incorrectness altogether. If a speaker is to be interpretable there must be certain constraints on her linguistic use, and a plausible construal of these constraints, it is argued, presupposes a notion of linguistic incorrectness. The conclusion is that there is a notion of linguistic incorrectness which is essential to meaning, although this notion is not to be understood along the ordinary lines. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 27.1 (2003) 134-150 [Access article in PDF] Deception and Intentional Transparency:The Case of Writing Jeff Karon Intention never to deceive lays us open to many a deception. —La Rochefoucauld, MaximsWE LIVE IN DECEPTIVE TIMES. We anticipate the latest exposé of corporate greed, personal aggrandizement, or government cover-up, and yearn for yesterday's supposed truthfulness and integrity. Lies and other forms of deceptive behavior degrade our characters, unravel (...) the fabric of civil society, and threaten our progress toward the good life.We also fear the loss of public civility and etiquette, wishing instead that others still treated us with the respect we deserve. Deception is bad enough; now we must bear rude neighbors, supervisors, colleagues, merchants, and all manner of strangers. Yet deception and rudeness together generate a paradox: the lost standards we lament—ones that direct people to treat others as valuable ends rather than means—include specific forms of conduct that avoid inflicting unnecessary pain or creating unnecessary conflict. Whether in the personal or professional sphere, the written and unwritten rules of etiquette often bid us to employ euphemisms and other misdirections so that our listeners or readers will not be offended, thus maintaining the social fabric by means of benign deceit. How, then, can we possibly hope to live ethical lives without necessarily employing deception?The answer is that we cannot. By expanding the category of acts usually analyzed in ethics to include the extended writing act, we can appreciate how deception is wound tightly into the moral life, a result that is not widely accepted in moral philosophy. Sissela Bok's seminal [End Page 134] books Secrets and Lying, for example, advocate deception in extraordinary circumstances of personal or national security, but do not allow for its constant deployment to navigate life's daily vicissitudes. 1 The complex, everyday act of writing helps us see past this simplification.Recent books by David Nyberg, Jeremy Campbell, John Vignauz Smyth, Dariusz Galasinski, and Charles V. Ford attest to our fascination with social deception, providing philosophical, literary, linguistic, and psychological insights into real-life examples. 2 As instances pile up, we begin to appreciate how deception is woven closely into our lives. This point receives a brash formulation in Arnold Ludwig's 1965 The Importance of Lying: "[W]hen we find the lie, hypocrisy and deception used so widely by man, we are forced to wonder whether this behavior represents some moral failure or weakness or whether, in fact it plays some more important biological or survival role for man. Perhaps, without resorting to lying or self-deception, man would find life intolerable and existence impossible." 3 More recent authors have tried to rehabilitate deception by choosing familiar cases that seem benign in both intention and effect, thus avoiding a justification built solely on survival needs. The next step, however, should move us beyond the empirical question of just how common deception is to a different one: are there widely shared features that make these cases candidates for moral approval, even if subsequent events require that we ultimately withhold that approval? Writing, by its very nature, demonstrates that moral reasoning always must take account of deception by triangulating between an author's supposed intentions, supposed character, and the eventual reception in the world by a real audience. And as writing pervades our lives, so do the possibilities for justified deception. I Those who study deception rarely agree on any universal characteristic except one: lying, a particularly direct form of deception, always is intentional. A corresponding minimal assumption for writing would be the following: Writing, in the absence of some very peculiar story-telling, is intentional. This minimal assumption ought to be admitted, though one fashionable current in literary studies runs against it. Language works by itself, "deconstructs itself," for example, without the direct intervention of an agent. Language "speaks us," and so on, in lyrical, mystifying formulations that offer inspiration for the critic as an [End Page 135] explorer of a far, exotic land, but little solid geography for those who wonder at what point in the... (shrink)

We’ve all been at parties where there's one cookie left on what was once a plate full of cookies, a cookie no one will eat simply because everyone is following a rule of etiquette, according to which you’re not supposed to eat the last cookie. Or at least we think everyone is following this rule, but maybe not. In this paper I present a new paradox, the Cookie Paradox, which is an argument that seems to prove that in any (...) situation in which everyone is truly following the rule, no one eats any cookies at all, no matter how many there are to be eaten. The ‘Cookie Argument’ resembles the more familiar argument that surprise exams are impossible, but it's not exactly the same. I argue that the biggest difference is that, unlike the surprise exam argument, the Cookie Argument is actually sound! I conclude the paper by explaining how it could be possible for a group of people to engage in behavior (eating cookies) that guarantees that at least one of the members of the group will violate a rule, even when it's common knowledge in the group that everyone is committed to following that very rule. (shrink)

Etiquette and other merely formal normative standards like legality, honor, and rules of games are taken less seriously than they should be. While these standards are not intrinsically reason-providing in the way morality is often taken to be, they also play an important role in our practical lives: we collectively treat them as important for assessing the behavior of ourselves and others and as licensing particular forms of sanction for violations. This chapter develops a novel account of the (...) normativity of formal standards where the role they play in our practical lives explains a distinctive kind of reason to obey them. We have this kind of reason to be polite because etiquette is important to us. We also have this kind of reason to be moral because morality is important to us. This parallel suggests that the importance we assign to morality is insufficient to justify it being substantive. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind the (...) Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

The Continuous Parameter Estimation Model is applied to develop individual genomic-level heritabilities for the latent hierarchical structure and developmental dynamics of Life History (LH) strategy LH strategies relate to the allocations of bioenergetic resources into different domains of fitness. LH has moderate to high population-level heritability in humans, both at the level of the high-order Super-K Factor and the lower-order factors, the K-Factor, Covitality Factor, and General Factor of Personality (GFP). Several important questions remain unexplored. We developed measures of genome-level (...) heritabilities employing an American sample of 316 monozygotic (MZ) and 274 dizygotic (DZ) twin dyads and a Swedish sample of 863 MZ and 475 DZ twin dyads. This novel heritability index measures individual genetic transmissibility, therefore opening new avenues for analyzing complex interactions among heritable traits inaccessible to standard structural equations methods. For these samples: (1) moderate to high heritability of factor loadings of Super-K on its lower-order factors is demonstrated, evidencing biological preparedness, genetic accommodation, and the gene-culture coevolution of biased epigenetic rules of development; (2) moderate to high heritability of the magnitudes of the effect of the higher-order factors upon their loadings on their constituent factors, evidencing genetic constraints upon phenotypic plasticity; and (3) that heritability of the LH factors, of factor loadings, and of the magnitudes of the correlations among factors are weaker among those with slower LH speeds, demonstrating that inter-individual variation in transmissibility is a function of individual socioecological selection pressures. (shrink)

In the middle of the 20th century, it was a common Wittgenstein-inspired idea in philosophy that for a linguistic expression to have a meaning is for it to be governed by a rule of use. In other words, it was widely believed that meanings are to be identified with use-conditions. However, as things stand, this idea is widely taken to be vague and mysterious, inconsistent with “truth-conditional semantics”, and subject to the Frege-Geach problem. In this paper I reinvigorate the ideas (...) that meaningfulness is a matter of being governed by rules of use and that meanings are best thought of in terms of use-conditions. I will do this by sketching the Rule-Governance view of the nature of linguistic meaningfulness, showing that the view isn’t by itself subject to the two problems, and explain why the idea has had a lasting appeal to philosophers from Strawson to Kaplan and why we should find it continually attractive. (shrink)

Computer mediated communication, in particular email, is of particular importance in the Higher Education sector. In this paper, research at one Higher Education Institution on the ethical use of email is presented. Focus groups were used to gather data on the impact of email, on current patterns of use, and on perceptions of ethical use. Using the analogy of a new motorway, which everyone is expected to use but for which there are no established rules of behaviour or (...) class='Hi'>etiquette, the research demonstrates that some ethical guidelines for the acceptable use of email are necessary. It is argued that there needs to be a greater understanding of individual responsibility for computer mediated communication in the higher education sector. (shrink)

This book analyses the use of the crucial concept of 'taste' in the works of five major seventeenth-century French authors, Méré, Saint Evremond, La Rochefoucauld, La Bruyère and Boileau. It combines close readings of important texts with a thoroughgoing political analysis of seventeenth-century French society in terms of class and gender. Dr Moriarty shows that far from being timeless and universal, the term 'taste' is culture-specific, shifting according to the needs of a writer and his social group. The notion of (...) 'taste' not only helped to shape a new dominant culture, but also registered the conflicts within that culture between a view of taste that presupposted the values of 'polite society' as an exclusive (though not necessarily aristocratic) group, and a view that stressed the value of the classical-humanist tradition as a source of standards ratified by a broader public. this study sheds light not only on the central concept, but also on the individual authors discussed and on the norms of French classical literature in general. (shrink)

The rules -- Ten other civil things you can do -- A last word -- Key dates in the life of George Washington.

A substantial body of empirical evidence shows that individuals overweight extreme events and act in conflict with the expected utility theory. These findings were the primary motivation behind the development of a rank-dependent utility theory for choice under uncertainty. The purpose of this paper is to demonstrate that some simple empirical rules of thumb for choice under uncertainty are consistent with the rank-dependent utility theory.

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...) "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)