Cet ouvrage est issu d’un colloque qui s’est déroulé à Paris (au Sénat) en janvier 2008. Il a été dirigé par les professeurs Gilles Darcy et Mathieu Doat, avec le soutien du Centre de Recherches Administratives de l’université de Brest et le Centre d’étude et de Recherches Administratives et Politiques de l’université de Paris 13 (Paris-Nord). Cet ouvrage cherche à mieux saisir les relations complexes entre le droit et l’imaginaire. En effet, le droit moderne est tout entier placé sous le (...) signe de la raison. L’imaginaire en semble exclu. Il est abandonné à l’art, aux poètes et aux peintres. L’image est suspecte. Elle est fiction ou rêverie. Aujourd’hui, le dépassement sinon la fin de l’ère moderne, par l’inflation des normes, la flexibilité des règles, la complexité des systèmes juridiques ont sous nos yeux des conséquences sur la manière dont on se représente le droit. Cette transformation du droit oblige à tâtonner parfois, à imaginer aussi, voire à rêver de nouvelles formes juridiques. Elle révèle en fait la part toujours présente de l’imaginaire dans le droit. C’est cette place et cette fonction de l’imaginaire en droit que cet ouvrage collectif interroge à travers quatre questions très générales qui constitueront les parties du livre. Quelle est l’importance de la manipulation des images en droit? La pensée juridique classique a pour constante tradition de dévaluer l’image. Pourtant, l’image est partout. Elle sert notre représentation de la justice ; elle permet de rêver un droit meilleur. Se faisant séductrice, elle infiltre la plupart des concepts juridiques, cachant parfois l’idéologie. L’importance de la manipulation n’inquiète pas toujours. Elle est cependant présente. Quelle part l’imagination et la rêverie prennent-elles dans la production du droit et du savoir juridique? L’imagination permet la création, l’invention des normes, des solutions juridiques et des théories. Elle déforme aussi les idées. Elle inspire le juge et transforme les textes. Comment l’imaginaire sert-il à fonder la puissance et la magie du droit? C’est la force et la puissance de l’image et de ses montages qu’il faut essayer ici de saisir. L’imaginaire fonde, bâtit, justifie, motive, légitime le système juridique. Qu’est-ce que connaître le droit quand il n’y a de connaissance que dans l’espace de la fiction? Le droit ne peut se passer de l’imaginaire. C’est une toile d’araignée qui met en rapport des mots. Les effets pervers sont multiples d’autant plus qu’on assiste à une explosion de la production juridique. (shrink)

Darcy's law is a phenomenological relationship for fluid flow rate that finds one of its principle applications in hydrology. Theoretical hydrologists rely upon a multiplicity of conceptual models to carry out approximate derivations of Darcy's law. These derivations provide structural explanations of the law; they require the application of fundamental principles, such as conservation of momentum, to idealized models of the porous media within which the flow occurs. In practice, recognition of the idealized conditions incorporated into models facilitates (...) the empirical clarification of the domain within which the law remains accurate. Structural explanations also contribute to the physical interpretation of phenomenological parameters. (shrink)

When is a law too idealized to be usefully applied to a specific situation? To answer this question, this essay considers a law in hydrogeology called Darcy''s Law, both as it is used in what is called the symmetric-cone model, and as it is used in equations to determine a well''s groundwater velocity and hydraulic conductivity. After discussing Darcy''s law and its applications, the essay concludes that this idealized law, as well as associated models and equations in hydrogeology, are not (...) realistic in the sense required by the D-N account. They exhibit what McMullin calls mathematical idealization, construct idealization, empirical-causal idealization, and subjunctive-causal idealization. Yet this lack of realism in hydrogeology is problematic for reasons unrelated to the status of the D-N account. These idealizations are also problematic in applied situations. Their problems require developing two supplemental criteria, necessary for their productive application. (shrink)

Women are cited less frequently than men in a variety of scientific fields. Drawing theoretical resources from Fricker and Hookway, I argue that these gendered citation practices constitute a form of participatory epistemic injustice insofar as they prevent female scientists from fully engaging in the epistemic practices of science. Furthermore, Longino’s notion of “uptake” gives us a way of understanding gendered citation practices as an epistemic harm accrued not simply by individuals but by scientific communities as a whole. Finally, I (...) discuss the cumulative harms of this kind of participatory epistemic injustice for individuals and for marginalized groups. (shrink)

Tourism has received relatively scant attention in feminist analysis of women's work under economic restructuring. The industry creates a sector without a shop floor based on the provision of authenticity, leisure, and price-sensitive services. Migrant women from the First World and the Third World labor with national workers in a highly informalized and stratified employment setting. This article examines how structural conditions shape tourism employment in Puerto Viejo, Costa Rica. Drawing from data including observation, interviews, and a longitudinal business survey, (...) I offer several findings. The tourism industry segments possibilities for women who vary in their ability to produce and interpret/translate authentic cultural experiences. As a result, women working in tourism constitute a nationally and ethnically more diverse workforce compared with other global industry sectors. The particular demands of tourism create an important case to further understand how social location shapes women's working lives in the global economy. (shrink)

This case study applies Integral Ecology to analyze the broad range of strategies environmentalists have undertaken to create protected areas and change forest practices in the Great Bear Rainforest, British Columbia, Canada. Rainforest conservation efforts in the region promoted holistic, trans-disciplinary solutions and fostered agreement among diverse stakeholders, modeling an Integral Ecology approach. Environmentalists worked locally and globally, engaging with economic, cultural, political, and scientific systems to create change. The campaign involved transformations at personal and cultural levels that have enabled (...) negotiated solutions involving over twenty million acres of rainforest on British Columbia's coast. (shrink)

This article proposes that untethering amerina at Stat. Silv. 1.6.18 from Pliny's mention of varieties of apples and pears called Amerina allows us to read the line as instead referring to a type of pastry originating in Umbrian Ameria, which is within ancient naming practices for pastries and fits better into the context of the catalogue in which the line occurs. In this case, the second half of the catalogue is closely akin to the crustulum et mulsum donative of wealthy (...) Italian patrons in the early empire. (shrink)

Human rights discourse has been likened to a global lingua franca, and in more ways than one, the analogy seems apt. Human rights discourse is a language that is used by all yet belongs uniquely to no particular place. It crosses not only the borders between nation-states, but also the divide between national law and international law: it appears in national constitutions and international treaties alike. But is it possible to conceive of human rights as a global language or lingua (...) franca not just in a figurative or metaphorical sense, but in a literal or linguistic sense as a legal dialect defined by distinctive patterns of word choice and usage? Does there exist a global language of human rights that transcends not only national borders, but also the divide between domestic and international law? Empirical analysis suggests that the answer is yes, but this global language comes in at least two variants or dialects. New techniques for performing automated content analysis enable us to analyze the bulk of all national constitutions over the last two centuries, together with the world’s leading regional and international human rights instruments, for patterns of linguistic similarity and to evaluate how much language, if any, they share in common. Specifically, we employ a technique known as topic modeling that disassembles texts into recurring verbal patterns. The results highlight the existence of two species or dialects of rights talk—the universalist dialect and the positive-rights dialect—both of which are global in reach and rising in popularity. The universalist dialect is generic in content and draws heavily on the type of language found in international and regional human rights instruments. It appears in particularly large doses in the constitutions of transitional states, developing states, and states that have been heavily exposed to the influence of the international community. The positive-rights dialect, by contrast, is characterized by its substantive emphasis on positive rights of a social or economic variety, and by its prevalence in lengthier constitutions and constitutions from outside the common law world, especially those of the Spanish-speaking world. Both dialects of rights talk are truly transnational, in the sense that they appear simultaneously in national, regional, and international legal instruments and transcend the distinction between domestic and international law. Their existence attests to the blurring of the boundary between constitutional law and international law. (shrink)

Crocodile starts with Rob and Mia having a night out that ends tragically with Rob hitting and killing a cyclist. In a panic, they hide the body and don't report the accident. Years later, racked with guilt, Rob contacts Mia to tell her he's decided to anonymously report the accident so the cyclist's family can get closure. Mia panics, worried that the consequences would be dire for her, her family, and her reputation. In the rest of the episode, Mia takes (...) a series of actions to protect the life she's built. This chapter utilizes the ethical theories of Utilitarianism, Kant, Feminist Ethics of Care, and Aristotelian Virtue Ethics to determine whether Mia's actions are justifiable forms of self‐defense. (shrink)

This is a short paper covering my own views on the methods and reasons behind the teaching of medical ethics. All the whys and wherefores are discussed and some conclusions reached. This paper is given from a junior doctor's viewpoint but could equally apply to many others.

This is a first attempt at consolidating and extending the lists of biographies of historians of science compiled by George Sarton, Aldo Mieli and François Russo. In doing so, a systematic examination has been made of the Dictionary of scientific biography, and of the relevant parts of the Isis cumulative bibliography and Kenneth May's Bibliography and research manual of the history of mathematics. Material for a supplement is being collected. Readers are invited to send additional material along with their comments.

This article deals with the housing framework of laws, that is, constitutions. It distinguishes between constitution referring to the de jure, formal, written book of laws and codes that assume supreme authority within any structure, and constitution which defines a body of informal, conditional rules and laws that do not have supreme authority but are abided by, owing to various objective, subjective factors. Constitution reflects the gap between aspiration and actuality, and constitution attracts a higher degree of compliance and implementation. (...) Studies have indeed found a negative relationship between formal rights protection and actual rights observance. The article reveals that rights guarantees are more prone to failure than success as they depend substantially on environmental and institutional conditions. This article emphasizes a symbiosis between judicialization and constitutionalization while a policy question needs to be judicial in nature if the judiciary has to decide on it. (shrink)

In France, John Baptist Say has the merit of producing a very superior work on the subject of Political Economy. His arrangement is luminous, ideas clear, style perspicuous, and the whole subject brought within half the volume of [Adam] Smith's work. Add to this considerable advances in correctness and extension of principles.

The development of novel neurotechnologies, such as brain-computer interface (BCI) and deep-brain stimulation (DBS), are very promising in improving the welfare and life prospects many people. These include life-changing therapies for medical conditions and enhancements of cognitive, emotional, and moral capacities. Yet there are also numerous moral risks and uncertainties involved in developing novel neurotechnologies. For this reason, the progress of novel neurotechnology research requires that diverse publics place trust in researchers to develop neural interfaces in ways that are overall (...) beneficial to society and responsive to ethical values and concerns. In this article, we argue that researchers and research institutions have a moral responsibility to foster and demonstrate trustworthiness with respect to broader publics whose lives will be affected by their research. Using Annette Baier’s conceptual analysis of trust, which takes competence and good will to be its central components, we propose that practices of ethical reflexivity could play a valuable role in fostering the trustworthiness of individual researchers and research institutions through building and exhibiting their moral competence and good will. By ethical reflexivity, we mean the reflective and discursive activity of articulating, analyzing, and assessing the assumptions and values that might be underlying their ethical actions and projects. Here, we share an ethics dialog tool—called the Scientific Perspectives and Ethics Commitments Survey (or SPECS)—developed by the University of Washington’s Center of Neurotechnology (CNT) Neuroethics Thrust. Ultimately, the aim is to show the promise of ethical reflexivity practices, like SPECS, as a method of enhancing trustworthiness in researchers and their institutions that seek to develop novel neurotechnologies for the overall benefit of society. (shrink)

J?aimerais interroger ici le problème de la négation de la vie à partir de certains textes de Michel Henry consacrés à Friedrich Nietzsche dans Généalogie de la psychanalyse . Par négation de la vie, Michel Henry désigne l?ensemble des modes de vie que nous pouvons ramener sous le projet de rompre avec la vie. Il emprunte à Friedrich Nietzsche des exemples tels que le doute à l?égard de soi, l?objectivisme, le scientisme, la critique de soi, la mauvaise conscience et une (...) figure devenue l?archétype de la négation, celle du prêtre. Le prêtre est l?homme qui tourne le dos à la vie, qui l?infirme et qui la nie pour aspirer à un au-delà, un ailleurs, une autre vie. Naïvement, le problème de la négation se formule de la manière suivante : l?individu peut-il se tourner contre la vie et la nier ? Pour répondre à cette première question, il me faut reprendre sommairement les principaux aspects de l?articulation de la vie et de la conscience telle qu?elle ressort des analyses des textes de Nietzsche par Michel Henry. Premièrement, la conceptualisation henryenne de l?articulation de la vie et de la conscience repose sur une idée fondamentale : « La vie, en tant que se supportant soi-même », en tant que s?éprouvant soi-même dans tout ce que l?individu est amené à vivre est un « a priori insupportable 1 . » Dans Du communisme au capitalisme , Henry revient sur cet être-rivé à soi de la vie : pure présence à. (shrink)

This essay will examine an illuminating convergence in the thoughts of Pope John Paul II and the cultural anthropologist René Girard. It will be seen that this convergence is a consequence of the shared concern of both to understand the human person in terms of its relation to other persons. So while not a personalist philosopher in the strict sense, René Girard’s concern for the interpersonal brings him close to the personalism of John Paul II, who likewise understands human subjectivity (...) in terms of the relations by which it is constituted. Both practice what might be called an “interpersonalist” personalism, which this essay will argue ought to characterize the practice of personalism in a Christian context. The essay will make this observation the basis for further reflections on the nature of personalism and its relation to the Christian intellectual tradition. (shrink)

The integration of digital phenotyping in psychiatry promises unprecedented insights into mental health, particularly in college settings where mental well-being is a growing concern. The COVID-19...

The influence of personal opinions and biases on scientific conclusions is a threat to the advancement of knowledge. Expertise and experience does not render one immune to this temptation. In this work, one of the founding fathers of statistics, Karl Pearson, is used as an illustration of how even the most talented among us can produce misleading results when inferences are made without caution or reference to potential bias and other analysis limitations. A study performed by Pearson on British Jewish (...) schoolchildren is examined in light of ethical and professional statistical practice. The methodology used and inferences made by Pearson and his coauthor are sometimes questionable and offer insight into how Pearson’s support of eugenics and his own British nationalism could have potentially influenced his often careless and far-fetched inferences. A short background into Pearson’s work and beliefs is provided, along with an in-depth examination of the authors’ overall experimental design and statistical practices. In addition, portions of the study regarding intelligence and tuberculosis are discussed in more detail, along with historical reactions to their work. (shrink)

Many computational tools for the simulation and design of emergency evacuation and egress are now available. However, due to the scarcity of human and social behavioral data, these computational tools rely on assumptions that have been found inconsistent or unrealistic. This paper presents a multi-agent based framework for simulating human and social behavior during emergency evacuation. A prototype system has been developed, which is able to demonstrate some emergent behaviors, such as competitive, queuing, and herding behaviors. For illustration, an example (...) application of the system for safe egress design is provided. (shrink)

This chapter contains sections titled: The Logical Problem of Evil The Evidential Problem of Evil The Evil God Hypothesis and the Problem of Good Reverse Theodicies Notes.

In print for the first time in over ten years, Act and Crime provides a unified account of the theory of action presupposed by both Anglo-American criminal law and the morality that underlies it. The book defends the view that human actions are always volitionally caused bodily movements and nothing else. The theory is used to illuminate three major problems in the drafting and the interpretation of criminal codes: 1) what the voluntary act requirement both does and should require; 2) (...) what complex descriptions of actions prohibited by criminal codes both do and should require ; and 3) when two actions are 'the same' for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book both contributes to the development of a coherent theory of action in philosophy, and it provides both legislators and judges a grounding in three of the most basic elements of criminal liability. (shrink)

This chapter analyses Soren Kierkegaard's thought about the history of theology, discussing different notions of historical theology and evaluating how they apply to the way Kierkegaard engaged with history of theology. It explains the two key elements of the Kierkegaardian historical theology: tracking the process of decline from the Christianity of the New Testament to the enfeebled caricature that passed for Christianity in contemporary Denmark; and recovering the voices of the true Christians of the past who genuinely followed Christ in (...) suffering and martyrdom. (shrink)

What's the best way to raise good citizens – individuals who will do the right thing even in the most challenging of circumstances? I argue that philosophy has an important role to play.

Skeptical theism is a leading response to the evidential argument from evil against the existence of God. Skeptical theists attempt to block the inference from the existence of inscrutable evils to gratuitous evils by insisting that given our cognitive limitations, it wouldn’t be surprising if there were God-justifying reasons we can’t think of. A well-known objection to skeptical theism is that it opens up a skeptical Pandora’s box, generating implausibly wide-ranging forms of skepticism, including skepticism about the external world and (...) past. This paper looks at several responses to this Pandora’s box objection, including a popular response devised by Beaudoin and Bergmann. I find that all of the examined responses fail. It appears the Pandora’s box objection to skeptical theism still stands. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously. Here we get to grips with an everyday reasoning error: the gambler's fallacy.

An in-depth study of Kierkegaard's thinking on Christology, emphasising the radical nature of his approach to the incarnation, with an emphasis on the call of the Christian believer to a life of 'kenotic' (self-emptying) discipleship in imitation of Christ.

Women are drastically underrepresented in science, technology, engineering, and mathematics and this underrepresentation has been linked to gender stereotypes and ability related beliefs. One way to remedy this may be to challenge male bias gender stereotypes around STEM by cultivating equitable beliefs that both female and male can excel in STEM. The present study implemented a growth mindset intervention to promote children’s incremental ability beliefs and investigate the relation between the intervention and children’s gender stereotypes in an informal science learning (...) site. Participants were visitors to a science museum who took part in an interactive space science show. Participants who were exposed to a growth mindset intervention, compared to the participants in the control condition, reported significantly less gender stereotyping around STEM by reporting equitably in the stereotype awareness measure. Relatedly, participants in the control condition reported male bias gender stereotype in the stereotype awareness measure. Further, children between 5 and 8-years-old reported greater male bias stereotypes awareness and stereotype flexibility in space science compared to children between 9 and 12-years-old. Lastly, children demonstrated in-group bias in STEM ability. Male participants reported gender bias favoring males’ ability in stereotype flexibility and awareness measures, while female participants reported bias toward females’ ability in stereotype flexibility and awareness measures. These findings document the importance of a growth mindset intervention in buffering against STEM gender stereotyping amongst children, as well as the significant role a growth mindset intervention can play within an informal science learning site. (shrink)

First Published in 2007. Routledge is an imprint of Taylor & Francis, an informa company.