What is the future of legal philosophy? No doubt it has many. But we are betting that jurisprudence will gravitate towards freedom. Freedom, the attribute of the human subject, has largely been absent from legal philosophy. This is a lack that psychoanalytic jurisprudence aims to correct. In this essay, drafted as chapter in "On Philosophy in American Law" (Francis Jay Mootz III, ed.) to be published by the Cambridge University Press, we set forth what we think are the primary differences (...) between a jurisprudence based in the Continental tradition of speculative philosophy, and the liberal jurisprudences that dominate in the American academy. Most importantly, all liberal theories start with some intuition of the free, autonomous individual. In contrast, psychoanalysis views the subject's definition as the problem of philosophy. For psychoanalysis, as reformulated by Jacques Lacan, personality and freedom cannot exist in any empirical or hypothetical state of nature because nature is unfree - bound by iron-clad laws of cause and effect. Personality and freedom are artificial creations - hard-won achievements. Subjectivity - the capacity to bear duties and rights - is a stage in this struggle. (shrink)

This book proposes a taxonomy of jurisprudence and legal practice, based on the discourse theory of Jacques Lacan. In the anglophone academy, the positivist jurisprudence of H.L.A. Hart provides the most influential account of law. But just as positivism ignores the practice of law by lawyers, even within the academy, the majority of professors are also not pursuing Hart's positivist project. Rather, they are engaged in policy-oriented scholarship - that tries to explain law in terms of society's collective goals - (...) or in doctrinal legal scholarship - that does not try to describe what law is, or to supply justifications for it - but which examines the 'internal' logic of law. Lacan's discourse theory has the power to differentiate the various roles of the practicing lawyer and the legal scholar. It is also able to explain the striking lack of communication between diverse schools of legal scholarship and between legal academia and the legal profession. Although extremely influential in Europe and South America, Lacanian theory remains largely unexplored outside of the field of comparative literature. In taking up the jurisprudential ramifications of Lacan's work, _The Four Lacanian Discourses_ thus constitutes an original contribution to current theoretical and practical understandings of law. (shrink)

The intent of this article is to outline, integrate, and interpret relevant scientific, economic, and social issues of rbST technology that have contributed to the acceptance dilemma for this product. The public is divided into social groups, each with its own set of criteria on which they base rbSTs acceptability. Criteria for the scientific community may best be described as physiological. However, for consumers, criteria may be more practical, or procedural, including human health, animal welfare, environmental concerns, and overproduction. Because (...) the business of dairy production depends on demand from the consuming public, the criteria for acceptance of rbST by producers largely reflects those of the consumers. Of necessity, producers are also critical of rbST from a business and animal improvement standpoint. Although this article demonstrates that rbST has met most physiological criteria for acceptance, the consuming public has treated the acceptance issue with forceful skepticism. The question this article addresses is, why? The authors comment that with rbST and other biotechnologies applied to agricultural animal production, it will be the responsibility of government health agencies, scientists, and manufacturers of the products to provide early, adequate, and honest public education. Attention to the concerns of the public may be the only means to prevent hysteria over this and future agricultural products of biotechnology and will, therefore, allow the public to form logical and thoughtful criteria assessments with respect to acceptance or rejection of each product. (shrink)

The intent of this article is to outline, integrate, and interpret relevant scientific, economic, and social issues of rbST technology that have contributed to the acceptance dilemma for this product. The public is divided into social groups, each with its own set of criteria on which they base rbSTs acceptability. Criteria for the scientific community may best be described as physiological. However, for consumers, criteria may be more practical, or procedural, including human health, animal welfare, environmental concerns, and overproduction. Because (...) the business of dairy production depends on demand from the consuming public, the criteria for acceptance of rbST by producers largely reflects those of the consumers. Of necessity, producers are also critical of rbST from a business and animal improvement standpoint. Although this article demonstrates that rbST has met most physiological criteria for acceptance, the consuming public has treated the acceptance issue with forceful skepticism. The question this article addresses is, why? The authors comment that with rbST and other biotechnologies applied to agricultural animal production, it will be the responsibility of government health agencies, scientists, and manufacturers of the products to provide early, adequate, and honest public education. Attention to the concerns of the public may be the only means to prevent hysteria over this and future agricultural products of biotechnology and will, therefore, allow the public to form logical and thoughtful criteria assessments with respect to acceptance or rejection of each product. (shrink)

This article investigates conceptual and strategic relationships between corporate identity, organizational identity and ethics, utilizing the Benetton Corporation as an illustrative case study. Although much attention has been given to visual aspects of Benetton's renowned ethical brand building efforts, few studies have looked at how Benetton's employees, retail environments and trade events express ethical aspects of their well-known corporate identity. A multi-method case study, including interviews at retail outlets and trade events, sheds light on several important yet under-studied components of (...) corporate identity, including stakeholders such as retail managers and contract employees. Analysis of Benetton's operations revealed disconnection and inconsistency, as well as a failure to communicate ethical values and socially responsible attributes throughout organizational identity. Operational identity emerged as a useful complement to models of corporate identity. We demonstrate the way in which organizations may fail to capitalize on positive aspects of their organizational identity by neglecting their operational identity. (shrink)

This article investigates conceptual and strategic relationships between corporate identity, organizational identity and ethics, utilizing the Benetton Corporation as an illustrative case study. Although much attention has been given to visual aspects of Benetton's renowned ethical brand building efforts, few studies have looked at how Benetton's employees, retail environments and trade events express ethical aspects of their well‐known corporate identity. A multi‐method case study, including interviews at retail outlets and trade events, sheds light on several important yet under‐studied components of (...) corporate identity, including stakeholders such as retail managers and contract employees. Analysis of Benetton's operations revealed disconnection and inconsistency, as well as a failure to communicate ethical values and socially responsible attributes throughout organizational identity. Operational identity emerged as a useful complement to models of corporate identity. We demonstrate the way in which organizations may fail to capitalize on positive aspects of their organizational identity by neglecting their operational identity. (shrink)

Features of gait are determined at multiple levels, from the selection of the gait itself (e.g. walk or run) through the specific parameters utilized (stride length, frequency, etc.) to the pattern of muscular excitation. The ultimate choices are neurally determined, but what is involved with that decision process? Human locomotion appears stereotyped not so much because the pattern is predetermined, but because these movement patterns are good solutions for providing movement utilizing the machinery available to the individual (the legs and (...) their requisite components). Under different circumstances the appropriate solution may differ broadly (different gait) or subtly (different parameters). Interpretation of the neural decision making process would benefit from understanding the influences that determine the selection of the appropriate solution in any set of circumstances, including that of normal conditions. In this review we survey an array of studies that point to energetic cost as a key input to the gait coordination system, and not just an outcome of the gait pattern implemented. We then use that information to rigorously define the construct proposed by Sparrow and Newell (1998) where the effects of environment, organism and task act as constraints determining the solution set available, and the coordination pattern is then implemented under a pressure for energetic economy. Environment is defined in terms of affordances based on the ecological psychology definition of the concept and organism is defined as classic morphology and physiology based capabilities. We rely on a novel conceptualization of task that recognizes that the task goal needs to be separated from the mechanisms that achieve the goal if the motivation behind the selection of the mechanism strategy is to be exposed and understood. This reformulation of the Sparrow and Newell construct is then linked to the proposed pressure for economy by considering it as an optimization problem, where the most readily selected gait strategy will be that which achieves the task goal at (or near) the energetic minimum. (shrink)

This study provides an overview of the different forms of labor contracting in the Philippines, as found in the “formal” economy, i.e., the traditional sectors of Agriculture, Industry, and Services, as well as the “informal” or gig economy. It also discusses similarities and differences between the “formal” and “informal” economy, as well as the increasing precarity of labor contracting, regardless of industry sector and the nature of work. The paper concludes with recommendations to address the precariousness and inequality of labor (...) contracting within the immediate future. (shrink)

This chapter suggests that descriptive epidemiological studies like the Global Burden of Disease Study can usefully be divided into four tasks: describing individuals’ health states over time, assessing their health states under a range of counterfactual scenarios, summarizing the information collected, and then packaging it for presentation. The authors show that each of these tasks raises important and challenging ethical questions. They comment on some of the philosophical issues involved in measuring health states, attributing causes to health outcomes, choosing the (...) counterfactual against which to assess causes, aggregating and summarizing complex information across multiple domains, discounting, age-weighting, handling fetal deaths, measuring health inequalities, representing uncertainty, and assessing personal responsibility for health outcomes. (shrink)

ABSTRACTPast research reveals important connections between meditative practices and compassion. Most studies, however, focus on the effects of one type of meditation (vs. a no-intervention control...

The Global Burden of Disease Study is one of the largest-scale research collaborations in global health, producing critical data for researchers, policy-makers, and health workers about more than 350 diseases, injuries, and risk factors. Such an undertaking is, of course, extremely complex from an empirical perspective. But it also raises complex ethical and philosophical questions. In this volume, a group of leading philosophers, economists, epidemiologists, and policy scholars identify and discuss these philosophical questions. Better appreciating the philosophical dimensions of a (...) study like the GBD can make possible a more sophisticated interpretation of its results, and it can improve epidemiological studies in the future, so that they are better suited to produce results that help us to improve global health. (shrink)

The present study examined the effects of gender on the emotional responses (physiology, self-reports of emotion, and emotional facial behaviour) of European Americans (EA) and Hmong Americans (HA) while they relived past emotional events. Women were more emotionally reactive than men: They demonstrated greater changes in electrodermal reactivity overall, reported experiencing more intense emotion while reliving anger and love, and smiled more while reliving happiness and love. The pattern and magnitude of these differences were similar for EA and HA, suggesting (...) that to some degree, the effects of gender on emotional response may hold across ethnic groups. (shrink)

The current model of adult neurogenesis in mammals suggests that adult‐born neurons are generated by stem cells that undergo long‐term self‐renewal, and that a lifetime supply of stem cells resides in the brain. In contrast, it has recently been demonstrated that adult‐born neurons in crayfish are generated by precursors originating in the immune system. This is particularly interesting because studies done many years ago suggest that a similar mechanism might exist in rodents and humans, with bone marrow providing stem cells (...) that can generate neurons. However, the relevance of these findings for natural mechanisms underlying adult neurogenesis in mammals is not clear, because of uncertainties at many levels. We argue here that the recent findings in crayfish send a strong signal to re‐examine existing data from rodents and humans, and to design new experiments that will directly test the contributions of the immune system to adult neurogenesis in mammals. (shrink)

This book proposes a taxonomy of jurisprudence and legal practice, based on the discourse theory of Jacques Lacan. in the anglophone academy, the positivist...

"Central to Schroeder's case is the conviction that reason and passion are two sides of the same coin. Rationality represents the human potential actualized only through desire, she argues; and passion functions only insofar as it preserves the rationality that makes desire possible. Far from being anti-erotic, market relations are, in this analysis, the most basic form of eroticism. Disclosing a fundamental similarity between erotic and economic behavior, The Triumph of Venus reveals that, while the former cannot be reduced (...) to the latter, the latter can only be explained in terms of the former. Venus triumphs over the market."--BOOK JACKET. (shrink)

Aan de hand van Hegel's omschrijving van bezit en Lacan's gedachten over de phallus onderzoekt de auteur de oorzaken van het juridisch ondergeschikt zijn van vrouwen aan mannen. Zij gebruikt de metafoor van de Vestaalse maagd en de fasces uit het Romeinse Recht.

The European Clinical Trials Directive (EU 2001; 2001/20/EC) was introduced to improve the efficiency of commercial and academic clinical trials. Concerns have been raised by interested organizations and institutions regarding the potential for negative impact of the Directive on non-commercial European clinical research. Interested researchers within the European Group for Blood and Marrow Transplantation (EBMT) were surveyed to determine whether researcher experiences confirmed this view. Following a pilot study, an internet-based questionnaire was distributed to individuals in key research positions in (...) the European haemopoietic SCT community. Seventy-one usable questionnaires were returned from participants in different EU member states. The results indicate that the perceived impact of the European Clinical Trials Directive has been negative, at least in the research areas of interest to the EBMT. (shrink)

The role of Human Research Ethics Committees (HRECs) in health research is well established. Ethics committees have the good of research participants in mind but they must also assess scientific merit including the design and conduct of studies. In this article the authors’ focus is on qualitative research method and the challenge that the National Statement on Ethical Conduct in Human Research (2007) poses for ethics committees when they assess proposals using the methods outlined in the National Statement.We set out (...) a process for judging the standard of qualitative research proposals and propose that qualitative health research can be assessed using a hierarchy designed for evaluating interview studies. We contrast well-designed studies with those that have design flaws in order to focus on the hallmarks of research merit in studies that use qualitative research methods. Finally, we show that our proposal is compatible with the National Statement.Ethics review provides an early opportunity to identify and redesign inadequate studies that will not contribute to our knowledge base. The challenge for members of ethics committees with little experience in qualitative studies is to be able to assess research excellence by assessing research merit in proposals, recognising the special design features of qualitative research methods. (shrink)

Members of the legal, medical and accounting professions are guided in their professional behavior by their respective codes of ethics. These codes of ethics are not static. They are ever evolving, responding to forces that are exogenous and endogenous to the professions. Specifically, changes in the ethical codes are often due to economic and social events, governmental influence, and growth and change within the professions. This paper presents an historical analysis of the major events leading to changes in the legal, (...) medical and accounting codes of ethics. (shrink)

In this chapter, we begin with a discussion of motivation itself, and use that discussion to sketch four possible theories of distinctively moral motivation: caricature versions of familiar instrumentalist, cognitivist, sentimentalist, and personalist theories about morally worthy motivation. To test these theories, we turn to a wealth of scientific, particularly neuroscientific, evidence. Our conclusions are that (1) although the scientific evidence does not at present mandate a unique philosophical conclusion, it does present formidable obstacles to a number of popular philosophical (...) approaches, and (2) theories of morally worthy motivation that best fit the current scientific picture are ones that owe much more to Hume or Aristotle than to Kant. (shrink)

The INBIOSA project brings together a group of experts across many disciplines who believe that science requires a revolutionary transformative step in order to address many of the vexing challenges presented by the world. It is INBIOSA’s purpose to enable the focused collaboration of an interdisciplinary community of original thinkers. This paper sets out the case for support for this effort. The focus of the transformative research program proposal is biology-centric. We admit that biology to date has been more fact-oriented (...) and less theoretical than physics. However, the key leverageable idea is that careful extension of the science of living systems can be more effectively applied to some of our most vexing modern problems than the prevailing scheme, derived from abstractions in physics. While these have some universal application and demonstrate computational advantages, they are not theoretically mandated for the living. A new set of mathematical abstractions derived from biology can now be similarly extended. This is made possible by leveraging new formal tools to understand abstraction and enable computability. [The latter has a much expanded meaning in our context from the one known and used in computer science and biology today, that is "by rote algorithmic means", since it is not known if a living system is computable in this sense (Mossio et al., 2009).] Two major challenges constitute the effort. The first challenge is to design an original general system of abstractions within the biological domain. The initial issue is descriptive leading to the explanatory. There has not yet been a serious formal examination of the abstractions of the biological domain. What is used today is an amalgam; much is inherited from physics (via the bridging abstractions of chemistry) and there are many new abstractions from advances in mathematics (incentivized by the need for more capable computational analyses). Interspersed are abstractions, concepts and underlying assumptions “native” to biology and distinct from the mechanical language of physics and computation as we know them. A pressing agenda should be to single out the most concrete and at the same time the most fundamental process-units in biology and to recruit them into the descriptive domain. Therefore, the first challenge is to build a coherent formal system of abstractions and operations that is truly native to living systems. Nothing will be thrown away, but many common methods will be philosophically recast, just as in physics relativity subsumed and reinterpreted Newtonian mechanics. -/- This step is required because we need a comprehensible, formal system to apply in many domains. Emphasis should be placed on the distinction between multi-perspective analysis and synthesis and on what could be the basic terms or tools needed. The second challenge is relatively simple: the actual application of this set of biology-centric ways and means to cross-disciplinary problems. In its early stages, this will seem to be a “new science”. This White Paper sets out the case of continuing support of Information and Communication Technology (ICT) for transformative research in biology and information processing centered on paradigm changes in the epistemological, ontological, mathematical and computational bases of the science of living systems. Today, curiously, living systems cannot be said to be anything more than dissipative structures organized internally by genetic information. There is not anything substantially different from abiotic systems other than the empirical nature of their robustness. We believe that there are other new and unique properties and patterns comprehensible at this bio-logical level. The report lays out a fundamental set of approaches to articulate these properties and patterns, and is composed as follows. -/- Sections 1 through 4 (preamble, introduction, motivation and major biomathematical problems) are incipient. Section 5 describes the issues affecting Integral Biomathics and Section 6 -- the aspects of the Grand Challenge we face with this project. Section 7 contemplates the effort to formalize a General Theory of Living Systems (GTLS) from what we have today. The goal is to have a formal system, equivalent to that which exists in the physics community. Here we define how to perceive the role of time in biology. Section 8 describes the initial efforts to apply this general theory of living systems in many domains, with special emphasis on crossdisciplinary problems and multiple domains spanning both “hard” and “soft” sciences. The expected result is a coherent collection of integrated mathematical techniques. Section 9 discusses the first two test cases, project proposals, of our approach. They are designed to demonstrate the ability of our approach to address “wicked problems” which span across physics, chemistry, biology, societies and societal dynamics. The solutions require integrated measurable results at multiple levels known as “grand challenges” to existing methods. Finally, Section 10 adheres to an appeal for action, advocating the necessity for further long-term support of the INBIOSA program. -/- The report is concluded with preliminary non-exclusive list of challenging research themes to address, as well as required administrative actions. The efforts described in the ten sections of this White Paper will proceed concurrently. Collectively, they describe a program that can be managed and measured as it progresses. (shrink)

Propose une vue d'ensemble de l'oeuvre du philosophe allemand Karl Jaspers (1883-1969), à travers 3 parties : sa vie avec quelques grandes dates et de grands thèmes ; son oeuvre et enfin ses textes mis en regard des grandes matières (psychiatrie, philosophie, métaphysique, politique et histoire) présentes dans l'ensemble de son oeuvre.

Human skin, photography, and consumer culture combine to produce striking images designed to promote visions of the good life. Branding and marketing imagery mobilize skin to resonate and communicate with consumers, which influences the meaning-making possibilities of skin more broadly. Representations of skin in consumer culture, including marketing communications, are anything but ‘blank’ backgrounds or ‘neutral’ meaning spaces. We analyse how skin ‘appears’ to work, and how its appearance in consumer culture imagery reveals ideological and pedagogical aspects of skin. Building (...) upon psychodynamic and interdisciplinary understandings of skin, we discuss dimensions of the body that feed marketing communications and branding. We highlight representational fetishization and the epidermal schema as conceptual tools to interrogate the commodification of skin and as constitutive elements in processes of skin commodification. We provide theoretical insights to address the ways in which skin is implicated in new and emerging concerns of digital representational practices. (shrink)

Bullying often results in negative coping in victims, including an increased consumption of alcohol. Recently, however, an increase in alcohol use has also been reported among perpetrators of bullying. The factors triggering this pattern are still unclear. We investigated the role of empathy in the interaction between bullying and alcohol use in an adolescent sample (IMAGEN) at age 13.97 (±0.53) years (baseline (BL), N = 2165, 50.9% female) and age 16.51 (±0.61) years (follow-up 1 (FU1), N = 1185, 54.9% female). (...) General empathic distress served as a significant moderator of alcohol use in perpetrators (F9, 493 = 17.978, p < 0.01), which was specific for males and FU1. Male perpetrators, who are generally less sensitive to distress, might thus be more vulnerable to alcohol abuse. (shrink)

Le statut des corps dans la metaphysique de Leibniz continue de resister a tout effort de reconstitution. Qu'il n'y ait au monde que les substances simples et leurs modifications ne presente plus l'evidence d'une position philosophique achevee. Dans le meilleur des mondes possibles, les ames ne sont jamais sans corps et la moindre portion de matiere renferme un univers de creatures vivantes. Au moment meme ou Leibniz semble embrasser une position idealiste en peuplant le monde d'une infinite d'entites psychiques, ne (...) developpe-t-il pas le concept d'organisme comme en marge de cette metaphysique? Deja, dans les annees ou la celebre theorie de la notion complete servait a penser la substance individuelle, la realite du corps organique imposait l'idee d'une substantialite proprement corporelle. Composition infinie irreductible aux modalites de l'etendue, le corps organique, machine de la nature, force a repenser les conditions d'existence de l'individualite vivante, dont l'ego cartesien n'est plus qu'une problematique modele. La question n'est plus tant de savoir si Leibniz a admis l'existence de substances corporelles en sus des monades, que de comprendre en quoi la realite organique devient le modele pour penser la connexion de toutes les substances, des simples aux composees, des brutes aux raisonnables. Du moi a la monade, comment la necessaire inscription corporelle de l'individualite s'opere-t-elle? De quelles modifications du concept de substance cette exigence s'accompagne-t-elle? (shrink)

Face aux pollutions environnementales causées par les pratiques productivistes, le modèle de l’« agriculture de précision»s’est développé depuis les années 1990 : des capteurs, des satellites, des GPS et des algorithmes permettraient de diminuer les dégâts écologiques causés par les activités de production. Au-delà des pratiques sur les exploitations, « agriculture digitale », « smartfarming » et autres « AgTech » sont devenus des termes quotidiens pour les organismes et les politiques agricoles. L’article propose de s’interroger sur l’argumentaire environnemental entourant (...) ces outils numériques et leur développement, en mettant en avant les enjeux politiques, techniques et commerciaux inhérents à ce déploiement. (shrink)

L’écoféminisme repose sur l’idée qu’il existe d’étroites « connexions » entre la domination des femmes et la domination de la nature : malgré leur apparente hétérogénéité, ces deux phénomènes convergeraient en une seule et même « matrice de domination ». C’est une telle thèse que nous souhaitons explorer ici : quel peut bien être ce « système » qui les relie en un tout? Comment penser les liens entre les différents axes de domination, sans pour autant les confondre en une (...) unité indistincte? Notre lecture de l’écoféminisme s’articulera autour du concept de « carno-phallogocentrisme » forgé par Derrida, qui semble approprié pour nommer synthétiquement cette thèse. Quels sont le sens et la pertinence de ce concept? Que vise-t-il : un travers particulier à la civilisation occidentale ou une structure commune à toute culture, voire inhérente à la conscience humaine? En quoi éclaire-t-il non seulement les rapports de domination dénoncés, mais toute la tradition philosophique occidentale? L’enjeu sera d’évaluer l’ambition constamment affichée par l’écoféminisme de constituer un nouveau paradigme, susceptible de dépasser enfin le fond misogyne et écocide de la civilisation occidentale. Peut-on vraiment lire l’écoféminisme non pas comme un courant particulier au sein de la pensée occidentale, mais comme son renversement? (shrink)

En répondant à des demandes émanant des institutions impliquées dans le domaine de la santé, l’Inserm prolonge sa mission de recherche par une activité de diffusion et de partage des connaissances et participe à la réflexion sur les implications collectives de cette recherche. Aujourd’hui intégrée à l’Institut de santé publique dans le cadre de l’Alliance nationale pour les sciences de la vie et de la santé , l’activité d’expertise collective participe au plan stratégique 2010-2015 de l’Inserm : « l’expérience acquise (...) en matière d’expertise collective sera renforcée au service d’une politique active de mise à disposition des connaissances disponibles pour l’aide à la décision des acteurs du système de santé et l’information des citoyens ».In response to demand from the institutions involved in public health, Inserm has taken its research mission further by becoming involved in knowledge sharing and dissemination and in discussions on the implications of its research for society. Now working as a member of the Public Health Institute through the National Alliance for Life and Health Sciences , INSERM’s collective expert studies are contributing to its strategic plan for 2010-2015: “the experience gained in collectively developed expert studies will be strengthened to serve an active policy for delivering available knowledge to support decision-making in the public health system and citizens’ information”. (shrink)

19 janvier 2016 L’intérêt accru porté, depuis les années 2000 en France, aux questionnements réflexifs et à la méthodologie en sciences sociales succède à une longue phase d’invisibilisation des pratiques de l’enquête dans la littérature ethnologique, et surtout sociologique. L’ouvrage qui regroupe dix contributions d’ethnologues et de sociologues examine précisément ces façons de faire du terrain, en mettant en lumière leur dimension sexuée, autrement dit en questionnant l’impact du sexe et...

This volume brings together eminent theologians, philosophers and political theorists to discuss such questions as how religious understandings have shaped the moral landscape of contemporary culture; the possible contributions of theology and theologically informed moral argument to contemporary public life; the problem of religious and moral discourse in a pluralistic society; and the proper relationship between religion and culture.