From a young age Albie Sachs played a prominent part in the struggle for justice in South Africa. As a result he was detained in solitary confinement, tortured by sleep deprivation and eventually blown up by a car bomb which cost him his right arm and the sight of an eye. His experiences provoked an outpouring of creative thought on the role of law as a protector of human dignity in the modern world, and a lifelong commitment to (...) seeing a new era of justice established in South Africa. After playing an important role in drafting South Africa's post-apartheid Constitution, he was appointed by Nelson Mandela to be a member of the country's first Constitutional Court. Over the course of his fifteen year term on the Court he has grappled with the major issues confronting modern South Africa, and the challenges posed to the fledgling democracy as it sought to overcome the injustices of the apartheid regime. As his term on the Court approaches its end, Sachs here conveys in intimate fashion what it has been like to be a judge in these unique circumstances, how his extraordinary life has influenced his approach to the cases before him, and his views on the nature of justice and its achievement through law. The book provides unique access to an insider's perspective on modern South Africa, and a rare glimpse into the working of a judicial mind. By juxtaposing life experiences and extracts from judgments, Sachs enables the reader to see the complex and surprising ways in which legal culture transforms subjective experience into objectively reasoned decisions. With rare candour he tells of the difficulties he has when preparing a judgment, of how every judgment is a lie. Rejecting purely formal notions of the judicial role he shows how both reason and passion are required for law to work in the service of justice. (shrink)

In this paper, ambiguity aversion to uncertain survival probabilities is introduced in a static life-cycle model with a bequest motive to study the optimal demand for annuities. Provided that annuities’ return is sufficiently large, and notably when it is fair, positive annuitization is known to be the optimal strategy of ambiguity neutral individuals. Conversely, we show that the demand for annuities decreases with ambiguity aversion and that there exists a finite degree of aversion above which the demand is non-positive: the (...) optimal strategy is then to either sell annuities short or to hold zero annuities if the former option is not available. To conclude, ambiguity aversion appears to be a relevant candidate for explaining the annuity puzzle. (shrink)

L’essor des sciences et techniques accompagne une mutation importante imposée à la filiation et à la famille. La procréation médicalement assistée permet diverses modalités d’accès à la maternité et à la paternité. Le lien parental ne peut plus être pensé sur un mode univoque, il se décline sur un mode pluriel. L’article propose de montrer que, à l’ère de la révolution des modèles familiaux, c’est plus la notion de parentalité que celle de paternité qui doit servir de boussole à l’étude (...) des phénomènes apparaissant dans les familles. La parentalité se révélant un outil pour penser, au-delà de l’apparent malaise dans la famille contemporaine, ce qu’est « faire famille » aujourd’hui. (shrink)

L’essor des sciences et techniques accompagne une mutation importante imposée à la filiation et à la famille. La procréation médicalement assistée permet diverses modalités d’accès à la maternité et à la paternité. Le lien parental ne peut plus être pensé sur un mode univoque, il se décline sur un mode pluriel. L’article propose de montrer que, à l’ère de la révolution des modèles familiaux, c’est plus la notion de parentalité que celle de paternité qui doit servir de boussole à l’étude (...) des phénomènes apparaissant dans les familles. La parentalité se révélant un outil pour penser, au-delà de l’apparent malaise dans la famille contemporaine, ce qu’est « faire famille » aujourd’hui. (shrink)

Ethnomethodology research has systematically investigated discursive practices of categorisation, looking at the various ways by which social actors ascribe both themselves and others to identity categories to accomplish various kinds of social actions. Drawing on a data corpus of oncological visits collected in an Italian hospital, involving both native and non-native patients, the present work analyses how participants in these intercultural medical encounters invoke and make relevant social identity categories by the marking of collective pronouns in their talk. Our results (...) showed that whilst institutional identities prevailed, categorial formulations related to cultural or linguistic identities were rarely displayed in interactions with non-native patients. Conversational participants made very little of their linguistical or cultural background and when they did so, their cultural and linguistic identities were deployed for rhetorical and pragmatical aims, such as testing and negotiating common knowledge and epistemic authority. This study shows how even speakers’ minimal lexical choices, such as marked pronouns, impact the negotiation of meanings and activities in life-saving sites such as oncological visits. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Christopher SmallAlbi Odendaal and Heidi WesterlundNeville Charles Christopher Small, musician, composer, teacher, lecturer, and author, died in Sitges, Spain, on 6 September 2011 at the age of 84. A funeral was held close to Sitges, the community he had made home for the last 25 years of his life and where he had lived with his long-time partner Neville Braithwaithe (1927-2006).Christopher studied Zoology and completed a Bachelor of Science (...) degree in 1949 at Otago University in his country of birth, New Zealand, before deciding to study music. He completed a bachelor's degree in music at the newly-formed Victoria University in Wellington in 1955. A scholarship from the New Zealand government allowed him to pursue composition studies in England, which became his home for the next 25 years. He taught music and lectured at Alperton High School, Anstey College of Education, and Ealing College of Higher Education during this time. He also wrote his first book Music, Society, Education after the prompting of John Calder, who published the book in 1977. Two other books followed after an early retirement to Spain in 1986: Music of the Common Tongue (1987) and Musicking (1988). He also published several journal articles and recently contributed an afterword to Ruth Wright, ed., Sociology and Music Education (2010).Christopher will be remembered for his lucid writing and willingness to ask big questions. His three books (all of which are still in print) address significant [End Page 93] issues, notably the role of music in society and that of society in music. Perhaps his most enduring contribution to the thinking on music is the coining of the term, "musicking," which has been widely adopted by authors and researchers who wish to share his conception that music is not a noun but a verb, not a thing that has separate existence but an action that humans perform.A common theme in his writings is to challenge conventional wisdom, especially when he perceives it to be entrenched in an elitist position. In this vein he questions the scientific-industrial world view and the effects it has on music and education in his first book. Then he goes on to show the importance of community and communality for the musics of the African diaspora in his second book, a direct challenge to the individualist and elitist attitude that he found in Western classical music.His third book, Musicking, investigates a typical Western classical symphony concert in an attempt to answer the question, "What is really going on here?" Understanding music as human action allows him to interrogate aspects of this event that are usually unexamined and leads him to emphasize that all music has social origins and implications. He argues that the enjoyment that comes from musical events is directly related to the significance of the relationships that are either formed or pre-existing, real or imagined, between performers, audience, musical sounds, and physical space. He argues that the significance of these relationships, and thus of the musical experience, is related to how well they fit our image of who we are or want to be.In his writings, Christopher offers a positive and buoyant view of human society, one in which everyone musicks and where the musicking is communal and interactive. Writing with such a broad and positive perspective may sometimes lead him to oversimplify an argument or to gloss over inconsistencies that would show themselves with more careful analysis. However, many of the conclusions he draws from these glosses carry their own weight and do not weaken the argument significantly when a more complex understanding is substituted. This is partly because he is ultimately not writing as an ethnographer but, rather, as a visionary.It was our honor to meet him, for probably the last formal interview he gave, in March 2011. He was kind, generous, and friendly to a fault and, despite being in some discomfort, welcomed a group of eleven researchers from the Sibelius Academy to his house for some intense discussions. His thoughts still enliven ours and challenge us to think more deeply and widely about the world that we live in. [End Page 94]Albi Odendaal and Heidi... (shrink)

Abstract:This theoretical inquiry approaches the challenge of reflexivity in the music education profession from the perspective of a collective and social understanding of memory. While memory is typically understood as being an individualistic, psychological, and cognitive phenomenon, in this paper we argue that the perspectives of collective and social memory may be of critical assistance to music teachers and music teacher educators who are facing the problem of increasing diversity. Teachers experience mounting pressure to include a wider selection of available (...) material from the diverse musics of the world in their curriculum. We suggest that understanding the politics of memory–how memory shapes the future and reveals our reflexive capacity in terms of our bonds to, or freedom from, the past–provides new tools and perspectives for considering diversity. Furthermore, we propose that in order to make a difference, the politics of memory require an agonistic engagement in pluralistic societies, with multiple, even conflicting, relationships to memory and time, place, and space. The article argues that a critical politics of memory is not just about combining the past and present, but about re-imagining, re-negotiating, re-working, and re-generating the collective futures of the school, its educational context, and broader society. (shrink)

Entre las lecciones extraídas por Ireneo de la tercera tentación de Jesús en el desierto ( _ Adv. haer _ _._ 5. 22. 2), se destacan la del carácter falaz de los sentidos y la necesidad de no dejarse sorprender por las riquezas, por la gloria mundana y por la fantasía presente ( _ praesenti phantasia _ ). El término griego φαντασία que tiene su equivalente latino en _ imaginatio _, había sido ampliamente analizado en la lógica estoica, antes de (...) experimentar ciertos cambios a través del tiempo que lo confinaron al campo de la psicología. Ligada al asentimiento (συνκατάθεσις) y al appetitus, arrastra al sabio al error. La novedad de San Ireneo consiste en otorgarle a la fantasía un matiz religioso, el del aspecto ilusorio del mundo sensible que engendra en quien lo contempla imágenes engañosas. (shrink)

Within a perspective that views groups as communities of practice and sites of construction of knowledge, learning, and identity, this article aims to explore the contribution that participation in different groups over the course of one’s life provides to the development of the professional practices of psychotherapist trainees enrolled in the C.O.I.R.A.G. school, an Italian graduate program in group psychotherapy. Through qualitative analyses of 10 semi-structured interviews, our study empirically shows that by participating in groups, the trainees not only learn (...) the practices of that group but also develop a sort of meta-learning which takes place across groups. The results highlight that: Transversality, duration, and informality are found to be the group properties with the highest formative value; and Learning practices across different groups have common characteristics: are organized around complex topics of group life, began in early group experiences, are in continuous evolution, are associated with a critical event, and a negative affect. At the same time, it seems that these critical events are exactly what triggered and sustained the learning practices. Data from the interviews also showed how professional identities are constructed as the outcome of learning in different communities of practice. The study outlines how the experience made in different groups is elaborated in and through meaningful self-narratives, highlighting them as a fundamentally collective and culturally shaped sense-making process. Overall, these results contribute to a better understanding of learning processes as situated and jointly constructed through multiple group participations over time. Furthermore, they contribute to highlighting the role of self-narratives as a primary way through which trainees shape their identity as self-reflexive professionals who are competent in reading group dynamics. Directions for future research and suggestions for psychotherapist training paths are outlined in the conclusions. (shrink)

ResumenEl objetivo de este artículo es demostrar que la doctrina kantiana del esquematismo trascendental trata una problemática ontológica. Con ese fin, en primer lugar, estudiamos las relaciones entre categorías, esquemas y principios del entendimiento. De esta manera señalamos la íntima relación entre los esquemas y los principios. En segundo lugar, mostramos que el sistema de los principios del entendimiento puede entenderse como un tratado de ontología. En tercer lugar, presentamos y criticamos un grupo de interpretaciones semánticas del esquematismo trascendental.Palabras claveKant, (...) filosofía trascendental, esquematismo, ontología.Abstract The aim of this paper is to demonstrate that the Kantian doctrine of transcendental schematism deals with an ontological problematic. With this purpose in mind, in the first place, I study the relationships between categories, schemata and principles of understanding. In this way I point out the close relationship between schemata and principles. In the second place, I demonstrate that the system of the principles of understanding can be conceived as an ontological treatise. In the third place, I present and review a group of semantic interpretations of transcendental schematism.KeywordsKant, transcendental philosophy, schematism, ontology. (shrink)

This is an English translation of four of Plato’s dialogue (Protagoras, Euthydemus, Hippias Major, and Cratylus) that explores the topic of sophistry and philosophy, a key concept at the source of Western thought. Includes notes and an introductory essay. Focus Philosophical Library translations are close to and are non-interpretative of the original text, with the notes and a glossary intending to provide the reader with some sense of the terms and the concepts as they were understood by Plato’s immediate audience.

Esta pesquisa teve como objetivo analisar o conhecimento teórico de conselhos tutelares sobre o Estatuto da Criança e do Adolescente e suas atuações a partir disso. Para isso, realizamos entrevistas com dois conselhos por meio de um questionário. As respostas foram dadas por escrito e, com elas, pudemos notar convergências e divergências entre esses conselhos. Com a análise, percebemos que cada conselho possui um olhar no seu trabalho, porém ambos possuem consciência de que seu dever é o de proteger e (...) garantir os direitos das crianças e dos adolescentes. Ambos os conselhos admitiram existir interação com a escola, porém, ela se restringe ao controle de frequência e da evasão escolar. Também, ambos remetem casos de violação de direitos à realidade social, afirmando que fatores econômicos não são determinantes nesses atos, porém, nos casos de famílias em situações econômicas desfavoráveis, o conselho tutelar é acionado. Por fim, enquanto um dos conselhos diz que aquele que viola algum direito da criança ou do adolescente deve ser responsabilizado, outro afirma que ele deve intervir com medidas educativas para resgatas a proteção do menor. Concluímos que os conselhos conhecem seus deveres, porém deixam a desejar no que tange à relação com as escolas. (shrink)

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation (...) and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or 'twilight' of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project 'The Role and Future of National Constitutions in European and Global Governance'. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia. (shrink)

El pensamiento de Maimónides se nutre de las dos cosmovisiones más importantes que han configurado el pensamiento occidental, es decir, la judía y la helénica. Por tanto, la concepción de la medicina que nos ha legado el sabio cordobés se sustenta sobre una antropología que considera al hombre como ..

La sección 32 del tratado De anima de Jámblico comienza con el análisis de tres posibles explicaciones acerca del modo en que el alma ingresa en el cuerpo. Las dos primeras son anónimas mientras que la tercera es atribuida por el filósofo de Calcis a los seguidores de Plotino. El tema se anuncia en la sección anterior en la que puede leerse desde el principio una referencia a “Hipócrates el Asclepíade” que conecta con una sentencia anterior que se ha perdido (...) y que marcaría el comienzo de la argumentación. Como posible fuente de Jámblico se suele citar a Porfirio, quien incluye las opiniones de Hipócrates, de un filósofo anónimo y de Numenio de Apamea sobre el momento en que comienza la vida y el alma se asocia de manera natural con el cuerpo. En el desarrollo de estas argumentaciones se aprecia un conocimiento implícito de las hipótesis embriológicas de la época. (shrink)

Hippocratic medicine came from philosophy, evolving from the discovery of physis by the pre-Socratic philosophers in Ionia. As a result, the medical treatises of the Corpus hippocraticum are written in the Ionic dialect and they adopt the conception of human nature as “microcosmos”, that is to say, ..

La idea de que el cuerpo (σῶμα) es una tumba (σῆμα) donde el alma permanece encerrada cumpliendo un castigo por una antigua culpa es transmitida por Platón, quien la atribuye a los órficos. Filón de Alejandría utilizó en diversos pasajes de su obra esta metáfora de procedencia órfica. Nuestro interés consiste en analizar el sentido que Filón le asigna y el modo en que reelabora el significado que le fue asignado en la tradición órfica y en la interpretación platónica. Intentaremos (...) mostrar que Filón utiliza la metáfora de dos maneras distintas que manifiestan la fuerte ambivalencia existente en su pensamiento respecto de la valoración del cuerpo humano. The idea that the body (σῶμα) is a tomb (σῆμα) where the soul remains confined as a punishment for an ancient fault is transmitted by Plato, who attributes it to the orphics. Philo of Alexandria made use of this metaphor of orphic origin in various passages of his work. Our interest is to analyze the sense that Philo assigns to it and the way in which he reelaborates the meaning that was ascribed to it in orphic tradition and in the platonic interpretation. We will try to demonstrate that Philo uses the metaphor in two different ways that show the strong ambivalence existing in his thought with respect to the value of the human body. (shrink)

In November 2008 Professor Mike Richards issued his much awaited review of the British Department of Health's policy on out-of-pocket payments for drugs not approved as cost effective by the National Institute for Health and Clinical Excellence. The policy stated, or had been construed as stating, that those who top up thereby became ineligible for further National Health Service treatment for the condition targeted by the drug. For instance, if a lung cancer sufferer bought Avastin, which is not NICE approved, (...) she could no longer receive free treatment for her cancer on the NHS's tab. Richards, the National Cancer Director, recommended that the policy be repealed. From an ethical point of view, this change should be enthusiastically welcomed. (shrink)

Much has been written on the respondent’s perspective but fewer studies have recognized that “perspectives other than those drawn from the discipline come into play for the interviewer” (Warren in Handbook of interview research, Sage, Thousand Oaks, CA, 2002: 84). In the article we show that the interviewer uses different strategies of identity management and different standpoints as resources to accomplish and account for one of the main interviewer’s duties, namely to achieve an “understanding of the world from the subjects’ (...) points of view” (Kvale in Interviews: An introduction to qualitative research interviewing, Sage, Thousand Oaks, CA, 1996: 1). We examine instances in which the interviewer displays a “neutral” posture, showing adherence to her institutional identity, and instances in which she positions herself as an “embodied subject,” disclosing her personal involvement, stepping out of the role and displaying an identity and a standpoint in common with that of the interviewee. We show how such strategies of identity management (1) prompt either identification or divergence of viewpoints between the interviewer and the interviewees; (2) affect the degree of intimacy among participants and spontaneity in conversation. By means of these two strategies, we discuss, the interviewer accomplishes and accounts for her professional ability to understand the interviewees’ standpoints. In particular such strategies are two ways of accounting for an ethical relationship with the interviewees, which, respectively, emphasize either the impartiality or the reciprocity in understanding. Our purpose is not to suggest that one strategy is to be preferred on the other, but, rather, to illustrate how both the “neutral” and the “embodied” posture are situated practices through which the interviewer attempts to preserve the respondents’ viewpoint on the narrated events. (shrink)

Seit ihrer Begründung im 18. Jahrhundert war die Ästhetik auch ein Korrektiv der Logik, indem sie die Sinnlichkeit des Menschen - Wahrnehmungen, Gefühle, Erinnerungen sowie deren Ausdruck in Kunst, Literatur und Wissenschaft - in den Blick genommen hat. In diesem Band wird die Vielfalt ästhetischer Perspektiven dokumentiert: Als Gesellschaftskritik und Erkenntnistheorie, als Lehre vom Schönen und Theorie der Kunst ist die Ästhetik nicht wegzudenken, wenn man den Menschen in seiner kulturellen Existenz begreifen möchte.

ABSTRACTEmpathy involves a mapping between the emotions observed in others and those experienced in one’s self. However, effective social functioning also requires an ability to differentiate one’s...

In economic theory it is circumstances that dictate fashion. During the last quarter of the century, years marked by an unprecedented escalation of material production, economists of all persuasions, neoclassicals or Marxists, accorded an important place to theories of growth. Economic reductionism being fundamental, development was likened to growth, which tends to take pars pro toto and to ignore the difference between a necessary condition and a sufficient one. Suddenly economic theory, to which mechanical formalization would confer the appearance of (...) an almost scientific rigour, became a powerful argument for the ideology of growth. (shrink)

Intentionality is one of the central problems of modern philosophy. How can a thought, action or belief be about something? Sachs draws on the work of Wilfrid Sellars, C. I. Lewis and Maurice Merleau-Ponty to build a new theory of intentionality that solves many of the problems faced by traditional conceptions. In doing so, he sheds new light on Sellars’s influential arguments concerning the ‘Myth of the Given’ and shows how we can build a productive discourse between American pragmatism, (...) analytical philosophy and European phenomenology. (shrink)

I argue that Sellars’s naturalization of Kant should be understood in terms of how he used behavioristic psychology and cybernetics. I first explore how Sellars used Edward Tolman’s cognitive-behavioristic psychology to naturalize Kant in the early essay “Language, Rules, and Behavior”. I then turn to Norbert Wiener’s understanding of feedback loops and circular causality. On this basis I argue that Sellars’s distinction between signifying and picturing, which he introduces in “Being and Being Known,” can be understood in terms of what (...) I call cybernetic behaviorism. I interpret picturing in terms of cycles of cybernetic behavior and signifying in terms of coordination between cybernetic behavior systems, or what I call triangulated cybernetic behavior. This leads to a formal, naturalistic understanding of personhood as the capacity to engage in triangulated cybernetic behavior. I conclude by showing that Sellars’s thought has the resources, which he did not exploit, for introducing the concept of second-order cybernetics. This suggests that Sellars’s philosophy of mind could be developed in the direction of autopoiesis and enactivism. (shrink)

This collection is an attempt by a diverse range of authors to reignite interest in C.I. Lewis’s work within the pragmatist and analytic traditions. Although pragmatism has enjoyed a renewed popularity in the past thirty years, some influential pragmatists have been overlooked. C. I. Lewis is arguably the most important of overlooked pragmatists and was highly influential within his own time period. The volume assembles a wide range of perspectives on the strengths and weaknesses of Lewis’s contributions to metaphysics, epistemology, (...) semantics, philosophy of science, and ethics. (shrink)

In this article, we offer an approach of how participative stakeholder innovation can be evaluated in complex multistakeholder settings that address wicked issues. Based on the principle of mutual value creation, we present an evaluation framework that accounts for the social interaction process during which stakeholders integrate their resources and capabilities to develop innovative products and services. To assess this evaluation framework, we collected multiple data from the case study of the Swiss Cardiovascular Network, which represents a multistakeholder setting related (...) to the prevention of cardiovascular disease. Our findings indicate that the evaluation dimensions of the stakeholders’ mindsets, the process and context of the stakeholder interactions, as well as the outcomes are useful concepts to account for a cooperative process of innovation in a multistakeholder setting. We discuss both the theoretical and practical insights of our analysis for participative stakeholder innovation. (shrink)

This book reflects on the implications of neurobiology and the scientific worldview on aspects of religious experience, belief, and practice, focusing especially on the body and the construction of religious meaning.