Edgar Bodenheimer emprende una revisi n cr tica de los principales conceptos del derecho, su filosof a y su historia, poniendo especial atenci n en aquellos problemas vinculados con las luchas pol ticas y sociales que marcaron un momento clave en la historia de nuestra modernidad.

Discusses the nature and functions and philosophical foundations of law as well as the central problems of legal method.

From the reviews of the first edition of Jurisprudence: The Philosophy and Method of the Law (Harvard University Press 1962): A profoundly scholarly, clearly written and thoroughly unpretentious contribution to the literature of jurisprudence.

Law has variously been described as part of empirical social reality or as a set of normative prescriptions defining desirable conduct. The author takes the view that a legal system normally represents an amalgam of “is” and “ought” elements. It is operative in part as a living law of actual human conduct, in another part as an instrumentality for transforming unfulfilled social ideals or goals into reality. A different blending of “is” and “ought” factors often occurs in the judicial process, (...) when an application of given legal norms is combined with some injection of law deemed desirable by the judges. (shrink)

This book was written by a lawyer using an interdisciplinary approach in a broad, nontechnical manner.

While children’s experiences of online risks and harm is a growing area of research in New Zealand, public discussion on the matter has largely been informed by mainstream media’s fixation on the dangers of technology. At best, debate on risks online has relied on overseas evidence. However, insights reflecting the New Zealand context and based on representative data are still needed to guide policy discussion, create awareness, and inform the implementation of prevention and support programmes for children. This research report (...) presents findings from a quantitative study regarding different aspects related to risks and online safety. It looks at the online experiences that children find bothersome and upsetting and explores the hurtful behaviours they encounter or engage in, both online and in person. Evidence regarding exposure to different types of potentially harmful online content is also presented. Another relevant contribution is the insights related to excessive internet use.The findings presented in this report are based on data from 2,061 New Zealand children aged 9-17. We hope the findings will contribute to the development of policies, practices and services designed to support New Zealand children to safely take advantage of the opportunities available to them online. (shrink)

Research and practice about self-determination in the context of disability has centred on teaching skills and providing support to help people with impairments to be independent. However, limited research exists about the impact of Information and Communication Technologies, in particular social media and mobile devices, on the development of self-determination skills among people with disabilities. This paper presents the findings of a qualitative study which collected data from observations, a researcher diary, focus groups, individual interviews and data from social media. (...) The focus of the study was on young people with vision impairments who were transitioning to university life. The study found that the participants developed self-determination skills by using and adapting collaborative and interactive online tools and mobile devices according to their transition needs. This finding expands the understanding of the implications of new technologies for young people with disabilities’ personal development and the enhancement of self-determination. (shrink)

While children’s interaction with digital technologies is a matter of interest around the world, evidence based on nationally representative data about how integrated these tools are in children’s everyday life is still limited in New Zealand. This research report presents findings from a study that explores children’s internet access, online skills, practices, and opportunities. This report is part of Netsafe’s research project Ngā taiohi matihiko o Aotearoa - New Zealand Kids Online, and our first publication as a member of Global (...) Kids Online. Generating insightful, reliable evidence about New Zealand children’s online experiences is vital to develop adequate support that reflects children’s experiences and needs. This, in turn, will help them to manage online risks and potential harm from behaviours such as cyberbullying, harassment, and other forms of abuse and intimidation. (shrink)

Research on transition to higher education and young people with disabilities has increased in recent years. However, there is still limited understanding of transition issues and how digital technologies, such as social media and mobile devices, are used by this group of students to manage these issues. This article presents the findings of an empirical study that addressed this matter based on young people’s views and experiences. The qualitative study was conducted in the context of a group of students with (...) vision impairments transitioning to a New Zealand university. The findings draw from observations, a researcher diary, focus groups, individual interviews, and data from social media. The study shows that, like their non-disabled peers, the students actively engaged with interactive and collaborative digital technologies to make sense, individually and collectively, of different transition issues before, during and after the first academic trimester of their university journey. (shrink)

Over the last ten years the sharing of nude images or videos (sometimes known as “sexting”) by young people has emerged as a concern. Despite this, no research had been conducted on the prevalence of the sharing of nudes among young New Zealanders. This study addresses this and raises important questions for all those with a role in supporting young people’s healthy development. We believe this report makes an important contribution to the overall understanding of young people’s experience of these (...) behaviours. However, it only provides a snapshot, and more work is required to understand how best to support young people as they navigate the challenges and potential risks. This report is being released as part of a larger project exploring young people’s experiences of digital risk and harm, carried out by a partnership between Netsafe and the Ministry for Women. (shrink)

This article introduces Transition 2.0, a paradigm shift designed to study and support students with disabilities' transition to higher education. Transition 2.0 is the result of a qualitative study about how a group of young people with vision impairments used digital technologies for their transition to university. The findings draw from observations, a researcher diary, focus groups, individual interviews, and data from social media. The article discusses a conventional view of transition, referred to here as Transition 1.0, which has dominated (...) disability-related research and service provision in higher education. It counters this view by further developing the conceptual framework for Transition 2.0. The findings expand current conceptual approaches to transition by incorporating in the analysis the role played by digital tools such as social media and mobile devices. They also provide a new lens through which to study and understand student engagement in higher education. (shrink)

Alan Turing is often portrayed as a materialist in secondary literature. In the present article, I suggest that Turing was instead an idealist, inspired by Cambridge scholars, Arthur Eddington, Ernest Hobson, James Jeans and John McTaggart. I outline Turing’s developing thoughts and his legacy in the USA to date. Specifically, I contrast Turing’s two notions of computability (both from 1936) and distinguish between Turing’s “machine intelligence” in the UK and the more well-known “artificial intelligence” in the USA. According to my (...) proposed historical interpretation, Turing did not view computations in the real world to be exhaustively and deterministically characterized by his automatic machines from 1936. (shrink)

In the popular imagination, the relevance of Turing's theoretical ideas to people producing actual machines was significant and appreciated by everybody involved in computing from the moment he published his 1936 paper ‘On Computable Numbers’. Careful historians are aware that this popular conception is deeply misleading. We know from previous work by Campbell-Kelly, Aspray, Akera, Olley, Priestley, Daylight, Mounier-Kuhn, Haigh, and others that several computing pioneers, including Aiken, Eckert, Mauchly, and Zuse, did not depend on Turing's 1936 universal-machine concept. Furthermore, (...) it is not clear whether any substance in von Neumann's celebrated 1945 ‘First Draft Report on the EDVAC’ is influenced in any identifiable way by Turing's work. This raises the questions: When does Turing enter the field? Why did the Association for Computing Machinery honor Turing by associating his name to ACM's most prestigious award, the Turing Award? Previous authors have.. (shrink)

I respond to Lennart Nordenfelt's analysis of dignity by questioning his attempt to establish an objective standard by which dignity can be determined. I approach this by considering the way in which claims to dignity may be contested and defended. This leads, in the cases of dignity of merit and dignity of moral status, to an apparent relativism. This relativism is checked by further consideration of dignity of identity, and in particular by consideration of the nature of the processes that (...) serve to humiliate people. It is suggested that acts of humiliation attack certain competences that human beings develop as embodied, social beings. Menschenwürde may then be articulated as an account of human nature, in terms of the human potential to develop a series of core competences. This account of human nature aspires to universality, and as such offers an objective ground to dignity. This paper is a product of the research project on Dignity and Older Europeans Programme, Contract No QLG6, 2001, 00888). (shrink)

Edgar Morin, philosophe militant pour une réforme de pensée qui affronte les complexités, et Tariq Ramadan, penseur et théologien militant pour une réforme radicale de la tradition islamique, dialoguent ensemble sur leurs divergences et sur la nécessité d'un humanisme revivifié. Les interlocuteurs, au-delà de leurs désaccords, attestent l'urgence d'affronter les problèmes essentiels de notre humanité et de résister au pire. De cette rencontre féconde naissent ces échanges sur la condition humaine et les grandes questions de notre temps – de (...) l'économie à l'art, de la philosophie à l'histoire, en passant par l'anthropologie et les sciences. Un livre-manifeste, contre le repli sur soi, une exhortation à l'ouverture et au dialogue. (shrink)

Much recent discussion of love concerns ‘the reasons for love’: whether we love for reasons and, if so, what sorts of things those reasons are. This chapter seeks to call into question some of the assumptions that have shaped this debate, in particular the assumption that love might be ‘responsive’ to reasons in something like the way that actions, beliefs, intentions and ordinary emotions are. I begin by drawing out some tensions in the existing literature on reasons for love, suggesting (...) that these arise in part because different interests expressed in the language of ‘reasons’ – the interests of explanation, justification and interpersonal understanding – pull us towards different kinds of account of reasons for love. This seems to count in favor of treating these interests separately, with different conceptions of the reasons that answer to them. This suggestion, as I explain, runs up against a certain conception of ‘responsiveness to reasons’, which I argue is implicitly assumed in many discussions of reasons for love. However, I argue that we should be skeptical about the application of this conception to love in light of the ontological differences between love and paradigm ‘reasons-responsive’ phenomena, potentially making room for the suggested methodological separation. (shrink)

Die vorliegende Arbeit ist eine Fortsetzung derThompson'schen Analysen des Parasitenzyklus bei Insekten, die mit der irrealen Folgerung endeten, dass unter gewissen Voraussetzungen — die wir in der gegenwärtigen Analyse akzeptiert haben —jeder Parasit in relativ kurzer Generationenfolge seinen Wirt, und damit sich selbst, zur Ausrottung bringen muss. Der Einfluss von wiederkehrenden Umwelt-katastrophen wie sie z.B. durch ungünstiges Wetter sehr häufig bedingt sind, wurde untersucht mit dem Ergebnis, dass solche Katastrophen, wenn sie in nicht allzugrossen Intervallen auftreten, völlig genügen, um die (...) Unterbrechung der akkumulativen Parasitierung im Zyklus zu erklären.Die grössere Empfindlichkeit der Parasiten, welche aus allen Beobachtungen und Analysen sich ergibt, ist nicht physiologisch, sondern ökologisch bedingt. Methodisch hat sich gezeigt, dass die Analyse tierischer Populationen weitgehend ohne Anwendung von Integralen möglich ist.Die Ergebnisse, welche die hohe Bedeutung der Feinde bei grosser Wirtsdichte, und ihre minimale Wirksamkeit, wenn letztere niedrig ist, zeigen, sind unabhängig von einem besonderen Dichtefaktor der Feindvermehrung — wie er im allgemeinen besteht und die aufgezeigten Tendenzen noch verstärkt — gewonnen. Der Einfluss des Superparasiten wird unter dem Einfluss wiederkehrender Umwelt-katastrophen minimal. Am Modell einiger beobachteter Gradationen wird die Übereinstimmung mit unserer Analvse demonstriert.Le travail ci-dessus est la continuation des analyses deThompson des cycles parasitaires chez les insectes, qui l'ont à la conclusion absurde qu'en acceptant certaines suppositions — que nous avons acceptées dans la présente analyse — chaque parasite exterminerait son hôte et par conséquent soi-même. Nous avons étudié l'influence de certains phénomènes catastrophiques récurrents provenant du milieu comme par exemple celle d'un temps défavorable. Ces phénomènes, pourvu qu'ils ne se présentent pas à des intervalles trop grands, suffisent amplement pour expliquer l'interruption de la parasitation accumulative dans les cycles.La sensibilité plus grande des parasites qui est démontrée dans toutes les observations et analyses ne provient pas de causes physiologiques, mais écologiques.La méthodologie a donné comme résultat intéressant le fait que l'analyse des populations animales peut se faire sans l'application des intégrales.Les résultats démontrant la grande importance des ennemis quand les hôtes sont nombreux, mais par contre une activité minimale des ennemis quand les hôtes sont rares, ont été obtenus indépendamment d'une augmentation spéciale des ennemis qui, en général, constitue un facteur important, ce qui renforce encore les tendances que nous avons trouvées. L'influence des superparasites devient minime sous l'action des catastrophes récurrentes dus au milieu. Finalement, au moyen de quelques gradations bien observées, nous avons démontré que notre analyse est conforme aux faits. (shrink)

Since transition to higher education emerged as a research topic in the early 1970s, scholarly inquiry has focused on students without impairments and, what is more, little attention has been paid to the role of digital technologies. This article seeks to address this knowledge gap by looking at the university experiences of a group of first-year students with vision impairments from New Zealand, and the way they use digital tools, such as social media and mobile devices, to manage their transition-related (...) challenges. The article summarises the findings from a longitudinal qualitative project which was methodologically informed by action research (AR). The article explores and discusses scholarly inquiry of transition to university and introduces a conceptual framework which includes five overlapping stages, the transition issues faced by the students and the roles played by digital technologies. The article updates and expands the theoretical understanding of transition to higher education and provides empirical evidence for practitioners to support the needs, inclusion, and participation of young people with disabilities in the tertiary setting. (shrink)

ABSTRACT A number of authors have recently advanced a ‘disjunctivist’ view of the rationalising explanation of action, on which rationalisations of the form ‘S A’d because p’ are explanations of a fundamentally different kind from rationalisations of the form ‘S A’d because she believed that p’. Less attempt has been made to explicitly articulate the case against this view. This paper seeks to remedy that situation. I develop a detailed version of what I take to be the basic argument against (...) disjunctivism, drawing on a framework of explanatory proportionality. The disjunctivist cannot reject this framework, I argue, because they need it to respond to another challenge, from psychological individualism. As I explain, however, the proportionality-based challenge is not in principle insurmountable, and I outline a number of ways in which a case for disjunctivism might be developed in response to it. The paper thus clarifies the dialectic around disjunctivism about the rationalisation of action and, specifically, what advocates of the view must do in order to make a compelling case for it. (shrink)

The nature and extent of adults’ engagement in diverse manifestations of technology-facilitated aggression is not yet well understood. Most research has focused on victimization. When explored, engagement in online aggression and abuse has centered on children and young people, particularly in school and higher education settings. Drawing on nationally representative data from New Zealand adults aged 18 and over, this chapter explores the overall prevalence of online aggression with a focus on gender and age. Our findings support the need to (...) also understand adult aggressors’ behaviors to better address the distress and harm caused to targets through digital communications. The chapter discusses the implications of the results for policy and practice and proposes some directions for future research. (shrink)

In a recent comment on the HFEA’s public consultation on sex selection, Soren Holm claimed that proponents of family balancing are committed to embrace a laissez faire approach. Given that arguments in support of sex selection for family balancing also support sex selection for other social reasons, advocates of family balancing, he asserts, are simply inconsistent when calling for a limit on access to sex selection. In this paper, I argue that proponents of family balancing are in no way inconsistent. (...) Provided their advocacy of family balancing is aimed at preventing a severe distortion of the natural sex ratio, they are entirely justified in insisting on restrictions to sex selection. The real question is whether a concern for the sex ratio does indeed call for a limit on sex selection. Based on a recent survey on gender preferences and data from several Gender Clinics, I argue that a restriction on sex selection to family balancing is unwarranted. In the absence of any evidence for a pending sex ratio distortion, we are actually required to adopt a laissez faire approach to sex selection. (shrink)

This translation of Jung's major political treatise (2nd edition, 1930) is published in English in the hope that it will enlighten readers with regard to the ideology of the neoconservative movement in the Weimar Republic.

Apresento e desenvolvo neste artigo o problema da prova sortuda, analisando duas soluções para ele presentes na literatura. A primeira delas consistira em alegar que mostrar que o predicado está contido no sujeito não basta como demonstração da verdade de uma proposição, sendo preciso que se prove ainda que a noção relativa ao sujeito é logicamente consistente. A segunda repousaria em uma hierarquização modal, por assim dizer, dos pre- dicados integrantes de uma noção individual. Após exibir as razões que me (...) levam a rejeitar essas duas soluções, apresento os traços fundamentais de uma interpretação que me parece resolver o problema de maneira satisfatória. Minha posição envolve conceder ao Princípio da Razão Suficiente um papel central na compreensão do que significa, para Leibniz, provar que um determinado predicado está contido na noção relativa a um certo indivíduo. (shrink)

Trois courts textes qui se présentent comme trois petits traités sur le bonheur, sur ces trois "complexités" énigmatiques qui enchantent et illuminent nos vies : l'amour, la poésie et la sagesse, et les liens qui les unissent. Issus de conférences prononcées en 1990 et 1995.

The most outstanding feature of this book is that here, for the first time, is made available in a single volume all the important historical essays Edgar Zilsel (1891-1944) published during WWII on the emergence of modern science. This edition also contains one previously unpublished essay and an extended version of an essay published earlier. In these essays, Zilsel developed the now famous thesis, named after him, that science came into being when, in the late Middle Ages, the social (...) barriers between the intellectuals and the artisans were eroded, due to the fact that the rapidly expanding commercial classes of that period had a keen interest in improvements in technology. This class was city-based and stimulated a social environment in which men of learning came to regard the craftsmen and technicians with a new respect, in which they no longer felt any contempt for manual work and in which theory and practice were eventually combined to produce modern science. This critical edition also carries a long introduction in which much new material about Zilsel's life and work is presented. It suggests that a radical new look at Zilsel's project needs to be taken. Zilsel's essays on the history of science look like a standard case study to substantiate a particular position on the origins of modern science, but they were also an attempt to show that lawlike explanation in history and social theory is possible. It is claimed that Zilsel's historical essays were a part of another project he was working on which focused on the idea that social phenomena were open to causal explanation as much as physical phenomena. Hence the volume also contains the essays Zilsel wrote in relation to this other project. Previously there have been published a German and an Italian edition of the Zilsel essays. This edition is the first in English; compared to the other two editions this one is the first that includes unpublished material and the first to undertake a serious effort to research Zilsel's life and work. What is special about this volume is the well-articulated social perspective it takes on the origins of modern science. Audience: Students in early modern social history/history of science as well as professional philosophers, historians, and sociologists of science. (shrink)

Time passed after the commission of a wrong can affect how we respond to its agent now. Specifically it can introduce certain forms of complexity or ambivalence into our blaming responses. This paper considers how and why time might matter in this way. I illustrate the phenomenon by looking at a recent real-life example, surveying some responses to the case and identifying the relevant forms of ambivalence. I then consider a recent account of blameworthiness and its development over time that (...) purports to account for this ambivalence. Blameworthiness, on this account, consists in a psychological flaw; time matters because it brings the possibility of change in the agent, and ambivalence arises because it is hard to know to the extent of such change. This account, I argue, mischaracterises responses to the case and misidentifies the source of their ambivalence. Drawing on recent work in the philosophy of emotion, I sketch an alternative approach. Our responses, I suggest, make sense within processes through which we address wrongdoing. Time matters because these processes take time and because time’s having passed raises the question whether and how the wrong has been addressed. Unaddressed wrongs can elicit ambivalence of a specific form. (shrink)