Law's article begins by restating the classical ANT position that objects do not exist `in themselves' but are the effect of a performative stabilization of relational networks. In addition, these material enactments inevitably have a spatial dimension; they simultaneously establish spatial conditions for objectual identity, continuity, and difference. Space must not be reified as a natural, pre-existing container of the social and the material, but is itself a performance. Moreover, there are multiple forms of spatiality beyond the Euclidean space of (...) regions, and objects may exist and achieve homeomorphism within several different spatial systems. Technologies such as the Zimbabwe Bush Pump present a fluid object which is able to exist and cohere without the presence of fixed boundaries or the permanence of a particular functional definition. The network logic, however, which gravitates towards stability and functionality, tends to exclude and silence this spatial Other. An alternative political ontology is needed which goes beyond the reification of network space in order to give voice to the fluid objects which escape its unidimensional functionality. (shrink)

In pre-democratic – also pre-modern – times, religion had been at the centre of much of human life, filling the private as well as the public realm of people’s daily existence. However, with the change to democratic rule in major countries in the modern world (see, most influentially, Article 1 of the French Constitution after the French Revolution and the First Amendment to the Constitution of the United States, influencing all other democracies in their wake), religion has for the most (...) part reflexively been sidelined from public life. Or has it? Does religion not still hold a special place in law in democratic societies, but now in reverse? Firstly, whereas matters of religious faith had throughout the greater part of human history been included in matters of politics, it is now as a matter of course of law excluded, purposely so. Religion is thus still a ‘special case’, a unique aspect of humanity when compared to all other matters, in law as much as in politics and other aspects of public life. Secondly, in the post-secular cultural climate dawning across the world, matters of faith (religion, spirituality) are no longer as stringently excluded from public life, which impacts directly on how religion is touched upon in law, sociology, philosophy, music and other academic disciplines too. Our dawning post-secular age is bringing something new. Two scholars, who have been doing foundational work in this regard, have done so fully in parallel, not taking cognisance of the mutualities in their academic contributions. Otto in Munich, Germany, has been combining his two areas of expertise, the Pentateuch in the Hebrew Bible and the sociologist Max Weber, to indicate the trajectory through history of democratic impulses from Ancient Near Eastern founding documents into the current era. Benson in Sydney, Australia, has on his part been drawing on his expertise in law as practised in Canada and taught in Europe, South Africa and Australia to indicate how, in inclusively liberal democracies, law cannot justifiably be used to exclude religion from the public domain, as has been the usual modern case. Drawing together these parallel contributions, Lombaard places these initiatives within the emerging post-secular climate, which augurs a different way of being religious or non-religious, publicly as much as privately, in democratic societies in our time. (shrink)

The article addresses the argument, put forward by Lernestedt, that the proprietor of the ‘criminal-law conflict’ is the community (or the community and the offender) and discusses his proposed theoretical model of criminal law trial. I raise questions regarding the legitimacy of such a model, focusing on four counts. Firstly, I assert that his assumptions about the state the individual and the old/new versions of criminal law theory are society-dependent. Secondly, I address some problems with the concept of community (...) and particularly with the proposed conception of community, which seems to mostly exclude the offender. Thirdly, I question the need for (or added value of) such a proposed conceptual involvement of the community as an actor in the criminal law process and theory. Lastly, some potential problems with the idea of the victim as a mere “representative of us” are mentioned, including the possibly undesirable demands and limitations on the victim’s agency and issues of respect for the victim’s individuality. (shrink)

This paper discusses what kinds of conflicts arise when a crime has been committed, and with whom—and in which of their possible roles—the offender should be seen as having such conflicts. The possible roles of the victim are in focus, as is the constitutive role of the act of criminalizing a certain kind of behavior. It is argued that while in the tort conflict the victim should be seen as a party qua him- or herself in a ‘fuller’ sense (and (...) with full freedom on how to handle the conflict, including dropping it), in the criminal law conflict it is community, the ‘we’, that should be looked upon as the party to the conflict with the offender. The victim should not be seen as excluded from the criminal law conflict, though: to the contrary, he or she is a member of community and has an important role to play. This role, however, needs to be strictly defined in a way that gives the victim the function of a certain kind of representative for ‘us’, the community. This role should not allow the victim much room to influence how the criminal law conflict is handled. The model I am suggesting presupposes—I think, at least—that criminal law conflict and tort conflict should be handled together at the same trial. (shrink)

Recent law and ethics literature has been inundated with recommendations of the "best interests" criterion as the appropriate guide for neonatal and maternal-fetal decision-making. Increasingly, however, its adequacy is being questioned. In Chapter 1, I survey the arguments of "best interests" defenders and critics and suggest one problem is that the "best interests" criterion has yet to be subjected to a systematic conceptual and ethical analysis. In Chapter 2, therefore, I conduct such an analysis to evaluate more systematically its appropriateness (...) as a decision-making guide in neonatal and maternal-fetal medicine, concluding that the "best interests" criterion cannot assist us in seeing and addressing all that is at stake in neonatal and maternal-fetal decision-making because it excludes any consideration of the "interdependent" and other interests of family members. Therefore, I suggest that an ethical criterion or set of criteria which can explicitly consider and adequately balance the interests of infants or fetuses and family members would be a more helpful guide for neonatal and maternal-fetal decision-making. ;In Chapters 3-7, I attempt to move beyond the "best interests" criterion, drawing on fieldwork I conducted in the United States, Sweden, and India to point out some conceptual and normative gaps to be addressed in the development of a more adequate guide for neonatal and maternal-fetal decision-making. In Chapter 3, I describe this fieldwork and explain its purpose as illustrating the clinical ethical strategies employed in these countries to balance the interests of various parties in actual decision-making. In Chapters 4-6, I describe these strategies. Finally, in Chapter 7, I point out some conceptual and normative gaps in these decision-making strategies, noting that these gaps have also been unaddressed by the "best interests" critics reviewed in Chapters 1 and 2. I suggest that we must address these gaps to develop theoretical structures that will enable us to explicitly consider and adequately balance the "interdependent" and other interests of infants or fetuses, their family members, and even society in neonatal and maternal-fetal decision-making. (shrink)

Solidarity between the citizens of a country is both good and desirable, and public educational institutions are the clear site of education for such civil solidarity and its natural place is in Civics lessons. Nevertheless, this paper argues that it is impossible to educate for solidarity for all citizens in a liberal-democratic state when civic classes teach basic civil laws that exclude groups or minorities and expel them from the general civil population. Therefore, we can ask: What are the modes (...) of action that are open to Civics teachers and other educators who are caught in this trap when trying to educate for solidarity? As a reply to this question and by borrowing ideas from Michel Foucault’s thought, this paper equips teachers with some guidelines for pedagogical resistance to the excluding wave, that enable strengthening an inclusive civil solidarity, and demonstrates the applicability of these guidelines in the Israeli reality. (shrink)

The paper’s main goal is to compare laws banning hate speech with counterspeech as an effective method of curtailing hate speech. In the first part, the paper discussed three normative justifications for hate speech bans. Firstly, the line of argument developed by critical race theorists that assumes that hate speech leads to the direct harm and violation of individuals’ rights. Secondly, paper examines the Weimar model that rests on the assumption that hate speech can lead to indirect harm to members (...) of vulnerable minorities by creating a toxic environment, which opens the door to discrimination and even violence. Thirdly, the justification which is derived from the idea that such forms of extreme public speech violate the basic values and principles – such as inclusiveness, equality and mutual respect - on which constitutional democracies are built. This approach extends its argument from general values to the status of citizens by arguing that hate speech violates the equal standing of citizens by attempting to exclude certain members of society from the process of democratic deliberation based on their ascriptive characteristics. The second part of the paper looks at counterspeech as an efficient approach to limit harms that arise from hate speech. The author argues that legal bans should be reserved only for the most extreme forms of hateful rhetoric, while counterspeech is a valid option for tackling all other forms of hate speech. (shrink)

This paper analyzes how 'Jewishness' functions as a scapegoat for the apparently unbridgeable gap between spirit and matter in Hegel's social and aesthetic theory. If Hegel accuses 'the Jews' and 'Judaism' of inhabiting a radical divide between the empirical and the spiritual - a divide that coincides with the one between body and body politic - he follows the trajectory of Kant's opposition between autonomy and heteronomy. Kant's notion of freedom describes reason's transcendence of the material world, but this state (...) of autonomy paradoxically depends on the heteronomous force of legal power that enforces a 'Mine and Yours' ownership and property distinction. In Kant's account 'Jewishness' embodies a social way of life founded on superstition (Aberglaube) that enacts the opposite of autonomy and is heteronomously bound to objects of empirical reality, whereas the 'Mine and Yours' ownership and property distinction of a Kantian civil society teaches the foregoing of material goods, if contact with them violates positive law. Developing Kant's idealism, Hegel accuses 'the Jews' of making immediate being absolute. By conflating 'Jewishness' and materialism, Hegel excludes 'the Jews' from his idealist conception of the body politic. Key Words: anti-Semitism • autonomy • body • culture • dialectics • German idealism • Hegel • heteronomy • immutability • Kant. (shrink)

The article considers the changes that have affected European border regimes of migration control as a testcase for discussing arbitrariness. The argument highlights the limited capacity of notions of arbitrariness defined as a departure from the rule of law to capture the ongoing conflict at the borders of Europe and brings, instead, to the foreground the ambivalent meaning of arbitrariness. By comparing Santi Romano’s classical theory of legal pluralism with recent analyses of legal globalization processes, arbitrariness emerges either as an (...) authoritative attempt to impose a different order on society or as a means to contrast acts of resistance to border regimes. In both cases, arbitrariness forcefully blurs the limits between the ordered and unordered, indicating the paradoxical impossibility of excluding the law’s outside from the legal order. On these premises, the article advocates the importance of reframing the demand for open borders as a call for freedom of those who challenge the pragmatic order of migration regimes. Indeed, arbitrariness is necessarily limited when the legal order recognizes, to an extent, the agency and the claims of subjectivities that resist the dichotomy between inclusion and exclusion. Keywords: migration, arbitrariness, borders, legal order. (shrink)

It must be considered that a man who only does what everyone of the society to which he belongs would do is not a dishonest man.A lack of confidence in the ability of a tribunal correctly to estimate evidence of states of mind and the like can never be sufficient ground for excluding from enquiry the most fundamental element in a rational and humane criminal code.

In John Rawls’s theory, the role of the principles of justice is to regulate the basic structure of society—its major social, political and economic institutions—and to specify the fair terms of cooperation for free and equal persons. Some have interpreted Rawls as excluding contract law, and perhaps the private law as a whole, from the basic structure. However, this interpretation of Rawls is untenable, given the motivations for his emphasis on the basic structure and the highly inclusive characterisations (...) he gives of it. Yet if he includes private law within the basic structure, he seems committed to holding that its design and operations should be regulated by his two principles of justice, which govern the distribution of basic liberties, economic resources and opportunities. This would leave it unclear whether there was any room for values other than distributive values to inform the design of private law. Leaving no role for other values might be unproblematic if distributive justice were a master normative category with equal regulative authority over all basic social institutions. But we should not assume that this ‘distributivist paradigm’ gives the best interpretation either of private law or of the fair terms of cooperation for a society of free and equal people. We need to think further about how non-distributive values may inform the principles of justice that regulate the institutional structure of society. And we need to ask how much of law, whether public or private, is regulated solely by principles of justice that focus on the distribution of basic liberties, economic resources and opportunities. (shrink)

In contemporary society, information unsurprisingly morphed into commodity. The IT industry that functions in the market economy and that perceives information as commodity encountered numerous problems that are related to specific features of information. These problems triggered two parallel developments aiming at the protection of intellectual property claimed for the creation of informational contents. On the one side, traditional intellectual property laws were expanded to cover certain aspects of privately owned or privately claimed cultural information. On the other side, (...) new technological devices were developed to provide technological protection for information defined as private property. Tensions and rivalry between both areas of regulation, legal and technological, became particularly visible within the debate about Digital Rights Management (DRM). This debate emerged as a response to institutionalized legal protection of intellectual property that was frequently perceived in the concerned industry as rigid and inadequate. Nowadays, tensions between legal and technological means of protection remain problematic in the emerging law of information. These tensions are rooted in mutually excluding economic interests, yet also in the concepts in which they are expressed and regulated. Therefore, this essay analyzes processes of concept creation in the named approaches to information perceived as commodity. It shows that the adequate solution of regulatory problems depends upon the clarification of conceptualization processes in legislative initiatives rather than on compromises related to economic interests of stakeholders taking part in the debate about the appropriate attribution of digital property rights. This essay concludes upon the idea that legislative measures constitute the most efficient mechanism to regulate social conflicts, not only in the area of digital law. As a further consequence of this finding, the author proposes an overhaul of the concept of copyright as the first step towards a better conceptual framing of the law of cultural contents. (shrink)

There is widespread agreement among political philosophers that there is a core set of civil and political liberties that ought to be given special protections by any state. In contrast, there is significant disagreement about whether (and which) economic liberties deserve the same level of protection and priority. To what extent should freedom in economic activities be protected by and from the government? To what extent is it justifiable for government to interfere with economic activities for the sake of equalizing (...) opportunities and protecting the welfare of society’s vulnerable? John Rawls famously held that only a narrow range of economic liberties are basic liberties deserving special protections, though he never offered a full defense of that claim. In _Free Market Fairness_ John Tomasi argued against Rawls, claiming it follows from Rawls’s own assumptions that we ought to protect a broad range of economic liberties as basic liberties. This paper attempts to provide the missing argument in favor of Rawls’s position in this debate and against Tomasi’s. First, I argue for a novel interpretation of Rawls’s criterion for basic liberties. Second, I use that interpretation to argue that Rawls was correct and consistent to exclude contract rights and productive property rights from the scheme of basic liberties. (shrink)

Joseph Raz defends the authoritative intention thesis, which has it that to the extent that law derives from deliberate law-making, its interpretation should reflect the intention of the law-maker. The idea is that as a matter of conceptual necessity, if one follows legislation, then one interprets the relevant piece of legislation in such a way that it reflects the intention of the law-maker. Raz’s position, then, is that legal content (as well as form) that is the result of deliberate law-making (...) is necessarily communicated content. While I find the authoritative intention thesis appealing, I do not find the arguments that Raz adduces in support of the thesis persuasive. Raz adduces two main arguments in support of the thesis, which I shall refer to as the no-prediction argument and the argument from authority, as well as a third, highly condensed argument, which he mentions in passing in a discussion of another question; and all three arguments involve the assumption that as a matter of conceptual necessity, law aims to function as an authority, and the claims that legal directives that are not interpreted in accordance with the law-maker’s intention, will, strictly speaking, not be the law-maker’s directives, and that this in turn means that the law-maker cannot be in control of the process of legislation and can consequently not function as an authority. As I try to show, all three arguments fail, though in different ways. (shrink)

As the medical profession becomes more and more of a commercial enterprise, commentators are subjecting conflicts of interest in medicine to increasing scrutiny. However, one critical area of conflict has largely escaped discussion—the conflicts of interest raised by the advertising policies of medical journals. Moreover, when these conflicts are discussed, they are examined almost exclusively in terms of the concerns that they pose for journal editors. Yet, there is a second critical concern with journal advertising policies. The policies also create (...) serious conflicts of interest for the professional societies that own medical journals.In this article, we will discuss the conflicts of interest that are raised for journal editors and professional societies by journal advertising policies, and we will conclude that the policies are exactly backward. Currently, medical journals rely on advertisements from pharmaceutical companies and other health-related businesses and avoid—indeed exclude—advertisements from consumer-oriented companies, like producers of automobiles, golf equipment, or jewelry. We submit that the medical journals, the medical profession, and the public would be better served if consumeroriented advertisement were preferred over health-related advertising. (shrink)

As the medical profession becomes more and more of a commercial enterprise, commentators are subjecting conflicts of interest in medicine to increasing scrutiny. However, one critical area of conflict has largely escaped discussion—the conflicts of interest raised by the advertising policies of medical journals. Moreover, when these conflicts are discussed, they are examined almost exclusively in terms of the concerns that they pose for journal editors. Yet, there is a second critical concern with journal advertising policies. The policies also create (...) serious conflicts of interest for the professional societies that own medical journals.In this article, we will discuss the conflicts of interest that are raised for journal editors and professional societies by journal advertising policies, and we will conclude that the policies are exactly backward. Currently, medical journals rely on advertisements from pharmaceutical companies and other health-related businesses and avoid—indeed exclude—advertisements from consumer-oriented companies, like producers of automobiles, golf equipment, or jewelry. We submit that the medical journals, the medical profession, and the public would be better served if consumeroriented advertisement were preferred over health-related advertising. (shrink)

As the medical profession becomes more and more of a commercial enterprise, commentators are subjecting conflicts of interest in medicine to increasing scrutiny. However, one critical area of conflict has largely escaped discussion—the conflicts of interest raised by the advertising policies of medical journals. Moreover, when these conflicts are discussed, they are examined almost exclusively in terms of the concerns that they pose for journal editors. Yet, there is a second critical concern with journal advertising policies. The policies also create (...) serious conflicts of interest for the professional societies that own medical journals.In this article, we will discuss the conflicts of interest that are raised for journal editors and professional societies by journal advertising policies, and we will conclude that the policies are exactly backward. Currently, medical journals rely on advertisements from pharmaceutical companies and other health-related businesses and avoid—indeed exclude—advertisements from consumer-oriented companies, like producers of automobiles, golf equipment, or jewelry. We submit that the medical journals, the medical profession, and the public would be better served if consumeroriented advertisement were preferred over health-related advertising. (shrink)

The integration of nanotechnology’s ‘social and ethical issues’ (SEI) at the research and development stage is one of the defining features of nanotechnology governance in the United States. Mandated by law, integration extends the field of nanotechnology to include a role for the “social”, the “public” and the social sciences and humanities in research and development (R&D) practices and agendas. Drawing from interviews with scientists, engineers and policymakers who took part in an oral history of the “Future of Nanotechnology” symposium (...) at the Cornell NanoScale Facility, this article examines how nanotechnology’s ‘social and ethical issues’ are brought to life by these practitioners. From our analysis, three modes of enactment emerge: enacting SEI as obligations and problems-to-be-solved, enacting SEI by ‘not doing it’ in the laboratory, and enacting SEI as part of scientific practice. Together they paint a complex picture where SEI are variously defined, made visible or invisible, included and excluded, with participants showing their skill at both boundary-work (Gieryn Am Sociol Rev 48:781–795, 1983, 1999) and at integration. We conclude by reflecting on what this may mean for the design and implementation of SEI integration policies, suggesting that we need to transform SEI from obligations into ‘matters of care’ (Puig de la Bellacasa Soc Stud Sci 41(1):85–106, 2011) that tend to existing relationalities between science and society and implicate practitioners themselves. (shrink)

Both community and property are, each in its own way, exclusionary concepts. Property — certainly private property — is defined in large part by a right of exclusion. And although "community" sounds like a warm, inclusive word, real-world communities often define themselves by reference to an array of excluded "others" and erect fences and patrol borders to keep these others out. Enthusiasm for these exclusions is made to seem legitimate by the thought that those excluded from my property probably have (...) somewhere else of their own to go to, and those excluded from our community probably also have a community of their own to live in. In fact, neither proposition is entirely justified. We know that in most economically developed countries there are large numbers of people who live as transients and are not welcome or rooted in any community. Their only places of refuge are the substantial patches of public property which society maintains for everyone’s use. But public places are not themselves unregulated, and often they are regulated according to norms of community and in response to communitarian pressures. If these communities are themselves exclusive in character, they tend to reproduce at the public property level the exclusions that manifest themselves at the private property level. This Article attempts to chart and analyze the deadly combination of exclusive community and exclusive property that these modes of regulation represent. (shrink)

Few, if any, historical developments are more complex than the long evolution that historians and sociologists commonly and too loosely call `secularization.' That term encompasses a bewildering variety of ways in which, over the span of centuries, religion and religious institutions lost much of their importance and power in western European and American culture and society. There were also a bewildering variety of reasons why religion in so many different ways found itself more and more on the cultural margins.Yet, (...) however long and intricate the unfolding of these developments, however many the reasons, and however deeply marked Europe may still be by its Christian past, the outcome is clear. No one could plausibly describe western European culture at the present time as pervasively or profoundly religious. True, in the United States religious faith still moves a majority of the population, and some churches prosper. But the constitution excludes by law religion from all state-sponsored activities; and the informal, extralegal exclusion of religion is almost as rigorous in other American centres of intellectual influence and cultural power. In most universities, in the television industry, in Hollywood, in major newspapers and magazines, in the board rooms of giant corporations, Christianity has no more grip than it does in corresponding European institutions. (shrink)

Few, if any, historical developments are more complex than the long evolution that historians and sociologists commonly and too loosely call `secularization.' That term encompasses a bewildering variety of ways in which, over the span of centuries, religion and religious institutions lost much of their importance and power in western European and American culture and society. There were also a bewildering variety of reasons why religion in so many different ways found itself more and more on the cultural margins.Yet, (...) however long and intricate the unfolding of these developments, however many the reasons, and however deeply marked Europe may still be by its Christian past, the outcome is clear. No one could plausibly describe western European culture at the present time as pervasively or profoundly religious. True, in the United States religious faith still moves a majority of the population, and some churches prosper. But the constitution excludes by law religion from all state-sponsored activities; and the informal, extralegal exclusion of religion is almost as rigorous in other American centres of intellectual influence and cultural power. In most universities, in the television industry, in Hollywood, in major newspapers and magazines, in the board rooms of giant corporations, Christianity has no more grip than it does in corresponding European institutions. (shrink)

Social contract theories generally predicate the authority of rules that govern society on the idea that these rules are the product of a contractual agreement struck between members of society. These theories embody values, such as equality, reciprocity and rationality, that are highly prized within our culture. Yet a closer inspection reveals that these features exclude other important values, relations and even persons from the realm of contractual morality and justice, especially people with severe intellectual disabilities. Jonas-Sébastien Beaudry (...) explores the moral status of intellectually disabled people in social contract thought and argues that this tradition needs to be revisited to include the most vulnerable. Addressing this problem will have concrete repercussions in law and policy, because many issues that people with disabilities face are connected to deeply rooted assumptions about their status as full citizens or full members of our moral, political and legal communities. (shrink)

This essay addresses the relationships between prescription and description in legal rules. The analysis will focus on the culture-laden connotations of factual categories implied in all legal sentences and/or provisions. This investigation is spurred by the need to assess the impact of cultural difference in people’s understanding of legal imperatives and, symmetrically, how that impact is to be considered in the application of law. Differences in ways of categorizing the world could position the cultural pre-understanding required by law, and the (...) pluralism recognized and protected by constitutional principles and human/fundamental rights discourse, at a crossroads. Hence, even when we find an illegitimacy or an ignorance about what legal rules do not explicitly state but instead implicitly presuppose, this does not exclude that behind that ignorance there may be something worthy of legal protection. A question emerges: is it legitimate and reasonable to consider the ignorantia facti resulting from differing ways of categorizing the factual world as automatically and uncritically subject to the principle ignoratia legis non excusat? The essay continues with an assessment of the possible consequences of ignorantia facti in the administration of justice in multicultural societies and migration contexts. For this purpose, the opportunity for an intercultural use of law—including within national law—will be considered as a means of avoiding the discriminatory application of ignorantia facti. This topic will be addressed by leveraging both semiotic and cultural-anthropological analytical tools, including the well-known greimasien “contrat de véridiction”. (shrink)

Hegel’s definition of the state as a common public authority in The German Constitution marks his first thorough attempt to understand the authority of the modern state in terms of the rule of law. Such an understanding of the state constitutes an important advance in Hegel’s political philosophy since, in his early political-theological writings, the legal relation was in essence excluded from the political sphere. Positing a fundamental opposition between legality and authentic ethical life, Hegel interpreted societies in which legal (...) forms become particularly pronounced as societies founded on degenerate political institutions and caught up in an inexorable process of decline. Until Hegel grasped the positive ethical significance of legal authority, something accomplished in The German Constitution, his theory of the state remained largely determined by a Greek-inspired, virtue-based paradigm of political life. Only with the overcoming of this paradigm could he move to a comprehensive analysis of both modern institutional structures and the political theories that attempt to understand and justify them. Hegel’s evolving theory of modern legal form thus provides an important index and measure of his complex stance toward modern political society and of his critical assessment of the self-interpretations of modernity offered by the natural right tradition and the Enlightenment. (shrink)

Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...) wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.3 (2001) 543-564 [Access article in PDF] Eduard Gans and the Crisis of Hegelianism Warren Breckman In a 1834 report on the development of economic associationism in France, Johannes Schön detected an echo in Germany, the stirrings of a debate over the "modern Associationswesen." This discussion, he believed, would be crucial to the future of the "national economy." 1 Schön was an astute (...) observer, for the German discussion of associationism in the early 1830s was indeed but a faint echo of the French; and insofar as the idea of association was addressed by prominent social writers in those years, it was generally greeted with suspicion. This was the case, for instance, with the liberal thinker Robert von Mohl, whose influential 1835 tract on the social question criticized the notion of proletarian associationism. Conversely, by the early 1840s, association was on many tongues as a panacea for the social ills of the age. By 1840 Mohl himself had embraced the "Assoziationsprinzip" as an antidote to the atomized condition of modern social life. 2Among the relatively small number of German writers who did champion association in the 1830s, the claims for its significance were already grandiose. Moses Hess's Die heilige Geschichte der Menschheit (1837) and August von Cieszkowski's Prolegomena zur Historiosophie (1838) both linked social solidarity to millenarian expectations of a new age of humanity. Even before Hess or Cieszkowski, the first German book on Charles Fourier, by one S. R. Schneider, bore the title Das Problem der Zeit und dessen Lösung durch die Assoziation (1834), while another, by Fr. Hr. Tappehorn, was headed Die vollkommene Association, als Vermittlerin der Einheit des Vernunftstaates und der Lehre Jesu (1834). Yet the enormous importance assigned to associationism [End Page 543] in these titles exposes the ambiguity of the idea itself. For if, as one historian has claimed, "free association can be regarded in principle as the central organizational form of modern or industrial society," 3 there was no agreement on its nature. Should the right of association be understood as liberal or socialist, individualistic or collectivist? Is free association the core idea and mode of interaction of a pluralistic and competitive civil society, or is it the principle of unification that will overcome pluralism and competition? These fundamental questions were to preoccupy nineteenth- and early-twentieth-century debates in areas as diverse as revolutionary theory, labor union activism, and the regulation of business cartels. However, in the 1830s, under the pressure of the newly perceived social question, the stirrings of industrialization in Germany, and the revival of democratic politics in the July Revolution, these issues first appeared with a force that drew the attention of intellectuals.Perhaps no German intellectual of the 1830s so perfectly embodies the implicit tensions of the idea of associationism as the Hegelian philosopher of law, Eduard Gans (1797-1839). A student of the Heidelberg legal scholar A. J. Thibaut, Gans later came to be considered by Hegel as one of his most brilliant followers. Once Gans became a professor in the Juristic Faculty at the University of Berlin in the mid-1820s, it was he, not Hegel, who taught a generation of students the intricacies of Hegelian political philosophy. Gans died in 1839 at the age of 42, felled at a luncheon by a stroke while in mid-sentence, a victim, according to the Hallische Jahrbücher, of his own passion for discussion. This volubility is more than evident in his oeuvre, which includes a multi-volume study of inheritance law in world history, dozens of essays on legal philosophy and political and legal issues in his native Prussia and Europe, a popular memoir, and an edition of Hegel's Philosophy of Right. He was instrumental, moreover, in creating the Society for Scientific Critique in 1826, the Hegelian "counter-academy" established in response to the Royal Prussian Academy of Sciences' decision to exclude Hegel, and he was a founder of Die Jahrbücher für wissenschaftliche Kritik, the organization's journal and the main organ of Hegelianism. At... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Bad, the Ugly, and the Need for a Position by PsychiatryLloyd A. Wells (bio)Keywordsvice, psychiatric education, psychiatry-law interface, medicalizationSadler’s paper is thought provoking and will resonate with many psychiatrists who deal with the interface of vice and psychiatric syndromes. This interface and the dilemmas it poses are perhaps most discussed by residents, who are dealing with the issue for the first time and who often debate what is (...) “psychiatric” about these cases. Many residents have their own informal systems of classifying vice, often with a divide between the criminal population and those perceived as avoiding work and responsibility. These unofficial classifications are usually judgmental and often pejorative, but the residents rarely get much help from faculty in this area. Indeed, many of the faculty have equally judgmental and pejorative views, which are neither systematized nor subject to systematic analysis.By clarifying the importance of the issue of the vice–mental disorder relationship (VMDR) to psychiatry, Sadler may move this topic to one that receives Socratic discourse in our training programs and serious consideration in the training of psychiatrists rather than an idiosyncratic lumping of these patients into the broad category of “patients I don’t like.”Sadler asks for comments in several categories: historical intractability, goals of psychiatry, taxonomy, implications for the criminal justice system, implications for the law, and ethical/political implications.Issues of historical intractability are long standing. In A Tour of the Whole Island of Great Britain, written in the early eighteenth century, Daniel Defoe (1724–1727) describes many asylums, often with the comment, “as it is a madhouse, so is it also a house of correction.” Some of the great public hospitals of the seventeenth and eighteenth centuries were built at least as much to get antisocial and homeless people off the streets as to provide care for the mentally ill. The moral treatment of France and Great Britain, which added much to the practice of psychiatry, clearly had punitive “treatments” for patients with vice-laden behaviors, and this was very explicit in the American moral model of treatment of the late nineteenth century with its obsessive need to prevent patients from masturbating. In the nineteenth and early twentieth centuries, there was great debate about the inclusion of Pritchard’s “moral insanity”—now sanitized into “personality disorders”—into the psychiatric domain, and Kraepelin referred to this group as “enemies of society.”Sadler next asks us to consider the goals of psychiatry in regard to “a proper VMDR.” He wonders [End Page 43] whether a strict medicalization account can be defended. I think it is clear from a large literature and from clinical experience that it cannot be defended —now. But it may become defensible in this century, which will pose enormous challenges to psychiatry, lawmakers, and the courts (vide infra). A strict moralization model is defended by many in society, including some psychiatrists, but has severe limitations and seems illogical. It is hard to make a case (though juries have done so) that, for example, a very delusional young woman with postpartum psychosis who murders her children because of the belief that far worse things than death will happen to them imminently if they live, fits the moralization approach. The Dahmer case is especially instructive. Although there was enormous “vice” (and perhaps “evil”), it is hard to make a case that a sane man would make temples out of the body parts of victims and would attempt to commune with the dead through them.He wonders whether a “mixed” version of medicalization/moralization can be developed and defended. I would argue for both a mixed approach and a “shared” approach. A middle adolescent with bipolar disorder burned his house to the ground. (Fortunately, he and family members were injured but not killed.) He was wildly manic at the time and set the fire because he wanted to prove that he was immortal and totally impervious to flames. He was delusional, extraordinarily impulsive, and completely without judgment, and it would be extraordinarily difficult to exclude the medical frame in any consideration of the vice involved. The vice, indeed, may be more involved in his decision while euthymic to stop taking... (shrink)

This dissertation examines the conceptual limitations of Kant's ethical theory with the purpose of assessing its suitability as a model of practical philosophy based upon the idea of autonomy. My aim is not only to exhibit the specific weaknesses in Kant's treatment of morality, but also to explore a contrast between two different approaches in ethical theory. This contrast can be characterized in terms of an opposition between a 'formal-individualistic' and a 'social-historical' model for the analysis and derivation of ethical (...) principles. The crucial problem here is whether an ethical theory can be constructed on the exiguous basis of concepts such as the 'rationality' or 'freedom' of the will, or whether it requires an insight into the connection between moral principles and specific conditions of historical and social life that constitute the real foundation of moral judgment. ;The dissertation is composed of four chapters. In Chapter One I consider the deficiencies in Kant's treatment of the historical and temporal dimensions of moral volition. I focus especially upon his neglect of the conditions of historical genesis that underlie the framework of moral concepts he analyzes. In the second and third chapters I examine Kant's failure to attend to the social dimension of morality and distinguish two separate parts to this objection: difficulties resulting from his restriction of the scope of moral freedom to the domain of an agent's inner intentions, so that a consideration of the consequences of action is excluded, and problems arising from his monological interpretation of the universalization procedure. Finally, in Chapter Four I argue that Kant's neglect of the historical and social dimensions of morality is by no means accidental. Rather, it is a function of his reliance upon a two-world metaphysical framework in which moral principles are understood essentially as the laws governing a purely rational, non-natural order. The dependence of Kant's ethical theory upon 'problematic' metaphysical premises--particularly in his justification of the moral law--suggests that the two dimensions he excludes from his analysis--history and society--must be integrated within it in order to yield a more convincing elaboration of the basic concepts of morality. (shrink)

In 1968, the Harvard criteria equated irreversible coma and apnea with human death and later, the Uniform Determination of Death Act was enacted permitting organ procurement from heart-beating donors. Since then, clinical studies have defined a spectrum of states of impaired consciousness in human beings: coma, akinetic mutism, minimally conscious state, vegetative state and brain death. In this article, we argue against the validity of the Harvard criteria for equating brain death with human death. Brain death does not disrupt somatic (...) integrative unity and coordinated biological functioning of a living organism. Neurological criteria of human death fail to determine the precise moment of an organism’s death when death is established by circulatory criterion in other states of impaired consciousness for organ procurement with non-heart-beating donation protocols. The criterion of circulatory arrest 75 s to 5 min is too short for irreversible cessation of whole brain functions and respiration controlled by the brain stem. Brain -based criteria for determining death with a beating heart exclude relevant anthropologic, psychosocial, cultural, and religious aspects of death and dying in society. Clinical guidelines for determining brain death are not consistently validated by the presence of irreversible brain stem ischemic injury or necrosis on autopsy; therefore, they do not completely exclude reversible loss of integrated neurological functions in donors. The questionable reliability and varying compliance with these guidelines among institutions amplify the risk of determining reversible states of impaired consciousness as irreversible brain death. The scientific uncertainty of defining and determining states of impaired consciousness including brain death have been neither disclosed to the general public nor broadly debated by the medical community or by legal and religious scholars. Heart-beating or non-heart-beating organ procurement from patients with impaired consciousness is de facto a concealed practice of physician-assisted death, and therefore, violates both criminal law and the central tenet of medicine not to do harm to patients. Society must decide if physician-assisted death is permissible and desirable to resolve the conflict about procuring organs from patients with impaired consciousness within the context of the perceived need to enhance the supply of transplantable organs. (shrink)

What does it mean to be black in America, to exist as a dark physical body, a "colored" voice, a stigmatized being in a society that sees, hears, and acts according to a set of bleaching assumptions? Versions of that question have echoed across our historical landscape ever since James-town, but rarely have they figured so forcibly as in the 1890s, when the Supreme Court upheld Ferguson over Plessy, Jim Crow laws spread through the South, degenerationists elaborated the "problem (...) of the Negro," imperialists hoisted the "white man's burden" of "little brown brothers" abroad, and racial lynching peaked at an all-time high that incited a national scandal. Any radical hopes for Reconstruction after the Civil War had long since vanished by the years of the fin de siècle. And a century later, the gains of a "Second Reconstruction" movement for civil rights have likewise eroded, with unparalleled "hypersegregation" accentuating new patterns of black poverty, unemployment, family disintegration, homelessness, and addiction.1 Being black, in other words, has meant—and, to a considerable degree, continues to mean—being excluded from white society, white prerogatives, even white discourse itself, in a process whose effects insidiously appear to legitimate the very causes that produce them. 1. C. Vann Woodward first warned of this unsettling repetition of nineteenth-century patterns in his 1965 suggestion that the civil rights movement might constitute a "Second Reconstruction" . In his recent reassessment of the troubling implications of that prediction, he notes how ghetto speech is growing more distinct from standard English: "The result is a vicious circle in which the longer blacks are made victims of the white stereotypes that foster hypersegregation, the more they appear to conform to the stereotypes that were used to justify segregation in the first place, and the deeper victims sink in isolation" . Lee Clark Mitchell, professor of English at Princeton University, is the author of Witnesses to a Vanishing America: The Nineteenth-Century Response and Determined Fictions: American Literary Naturalism . He is currently working on the formula western in a book tentatively titled "Writing Westward: Imagining America beyond the Frontier.". (shrink)

This book examines how legal causation inference and epidemiological causal inference can be harmonized within the realm of jurisprudence, exploring why legal causation and epidemiological causation differ from each other and defining related problems. The book also discusses how legal justice can be realized and how victims’ rights can be protected. It looks at epidemiological evidence pertaining to causal relationships in cases such as smoking and the development of lung cancer, and enables readers to correctly interpret and rationally use the (...) results of epidemiological studies in lawsuits. The book argues that in today’s risk society, it is no longer possible to thwart the competence of evidence using epidemiological research results. In particular, it points out that the number of cases that struggle to prove a causal relationship excluding those using epidemiological data will lead to an increase in the number of lawsuits for damages that arise as a result of harmful materials that affect our health. The book argues that the responsibility to compensate for damages that have actually occurred must be imputed to a particular party and that this can be achieved by understanding causal inferences between jurisprudence and epidemiology. This book serves as a foundation for students, academics and researchers who have an interest in epidemiology and the law, and those who are keen to discover how jurisprudence can bring these two areas together. (shrink)

Most philosophical engagements with science have been focused on the methods of science, epistemological concerns, nature of scientific methods or natural laws. New disciplines such as Science Studies and History of science have emerged from these inquiries and address any concerns on the relationship of science to society and knowledge. In this essay, the attempt is to clarify how scientific thought is not excluded from the moral domain. While a scientific fact itself cannot be subjected to moral or aesthetic (...) judgement, since it is only, the aims and objects of scientific research can be a concern for philosophical ethics. Particularly the development of applied sciences that are focused on the exploitation of the natural world and unsustainable practices must become not only subject to moral supervision but also must be answerable to society and humanitarian interests. An analysis of the purpose of science and philosophy posits what should be the areas of science that should be subject to ethical judgements. (shrink)

This Paper addresses the problem of statelessness, a problem which remains despite treaties and judicial decisions elaborating distinct rules to protect stateless persons. I explain why this has been so. Drawing from the work of Bernhard Waldenfels, I argue that international and domestic courts have presupposed a territorial sense of space, a territorial knowledge and the founding date for the territorial structure of a state-centric international legal community. I then focus upon the idea that an impartial third party can resolve (...) a dispute involving stateless persons by deferring to a universal rule. I call the third party the ‘rule of law third’. Such a rule, I argue, presupposes a presupposed knowledge over stateless persons. The Third takes for granted the territorial boundary of a legal structure, a boundary which excludes the recognition of outsiders to the boundary. (shrink)

Purpose. The aim of this article is an analysis of the main versions of the biodeterminist tradition of re­solving the issue of the nature of gender identity, as well as identification of the advantages of the new version of biodeterminism, which involves elements of social constructivism. Theoretical basis. Social norms determine the extent to which a person has the right to independently determine his or her gender identity, and even more so, to change his or her body according to such (...) gender concepts. Social norms regulate gender relations in society and direct the gender behavior of individuals. However, social norms do not create either the human body, or those biological laws, according to which it functions. Originality. The biodetermist theories of the gender were analyzed from the position of "week" social constructivism. The role of social norms as a factor of gender self-certification, as well as a factor of control over social interference in the functioning of human corporeality is considered. The role of modern medicine as an increasingly influential institutional means of control over the functioning of human corporeality, and therefore, indirectly, and for the implementation of gender identity self-identification is revealed. Conclusions. According to the "week" social constructivism the gender emerges as an integral result of biological, psychological and social construction. The role of personality in the design of the gender has historically grown, but this role can never exclude the influence of biological and social factors that are increasingly becoming the nature of biological and social technologies. Personality can become a victim of these technologies, but he/she can program them, or at any rate selectively use, combine, or to some extent adjust existing biological and social technologies. (shrink)

This article tried to show the Tolerance like virtue, i.e. ability in sense of specific habit that enables one person to connect with other persons in right relationship. However, before tolerance was shown like virtue, it was first explained concept of virtue in the sense of Aristotle, especially in the sight of Aristotle friendship virtue. This explanation led to conclusion that virtue is inner state which makes possible for a person to harmonize his native abilities and emotions. This is the (...) reason why virtues are assumptions for person’s right action towards himself and also towards other people. Thereby, tolerance will be shown as virtue that helps people to go beyond vices such as prejudice, hostile attitude and hate toward other people. Exactly these vices represent danger not only for individuals, but also for the whole society, because they endanger democracy and human rights, and moreover, they can block them. Overcoming these vices through the virtues of dialog and tolerance enables the creation of basis for democracy and human rights overall. In the end of article it was elaborated relation between law and moral – moral in the sense of virtue – and it was concluded that in the society they have to supplement, and not exclude each other. (shrink)

The purpose of this paper is to explore the visual representation of dignity, through the particular example of the seventeenth century Spanish painter Diego Velázquez. Velázquez works at a point in Western history when modern conceptions of dignity are beginning to be formed. It is argued that Velázquez' portraits of royalty and aristocracy articulate a tension between a feudal conception of majesty and a modern conception of the dignity of merit. On this level, modern conceptions of dignity of merit are (...) understood in terms of a struggle to excel in particular activities, and thus to overcome the risk of failure. More radically, Velázquez' portraits of dwarfs and the mentally disabled are argued to be expressive of dignity, not by finding a positive representation of the sitter's dignity, or to find scales of activities by which they can be positively assessed, but rather by grounding their dignity, negatively, in a protest against indignity and humiliation. Drawing on Honneth's analysis of dignity in terms of a theory of recognition, it is argued that the indignity of the court dwarf lies in the fracturing of their communication with the rest of society. The task of repairing that fractured communication is achieved, not by representing a dignified ideal, but rather by drawing attention to the prejudices that serve to exclude the humiliated from full participation in society. In conclusion, it is suggested that the conceptualisation and representation of the elderly today finds effective exemplars in Velázquez' portraits of court dwarfs, rather than in his portraits of the elderly. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kings and Gods as Ecological Agents:From Reciprocity to Unilateralism in the Management of Natural ResourcesSimon Simonse (bio)1. IntroductionThe questions this article addresses are as follows: do non-Western societies have a qualitatively better, more balanced relationship with nature than modern Western societies? Can the difference between the two be described in terms of an opposition between a reciprocal and an exploitative relationship? What difference does the Judeo-Christian tradition make in (...) shaping the modern relationship with nature?To answer these questions I will give brief descriptions of the way in which three cultural traditions have structured the relationship between man and nature: societies that are ruled by sacred kings, societies where power over nature is attributed to divinities, and the Old Testament tradition. As cases of sacred kinship, I present ethnographic material taken from my anthropological fieldwork among the Lulubo, Lokoya, and Lotuho peoples from the East Bank of the Nile in Southern Sudan. I will use the term "Eastern Nilotic" as shorthand for this complex of peoples. For the societies where divinities play the central role, I take the Western Nilotic Dinka, Nuer, and Atuot living in the flood plains of the Nile north of the kingship societies.In comparing these three traditions my point of departure is René Girard's analysis of culture as a mechanism to resolve conflict by directing the aggression of the members of society onto a victim and so achieving a new consensus. We shall see that in the kingship societies what we call natural phenomena play an integral part in culturally staging the scapegoat mechanism. They are the stage of human rivalries and their resolution. Among the polytheistic Western Nilotes they are the instrument through which the gods make their power felt and demand attention from humans. In the Old Testament, natural phenomena remain the domain of God's power. Humans should not try to interfere. Their mission is to combat human evil as defined in Mosaic law. [End Page 31]2. Kings as Ecological AgentsThe survival of the communities of the Lokoya and Lulubo on the East Bank of the Nile who traditionally live in well-fortified village-polities, counting in the precolonial period between 1500 and 2500 inhabitants, is dependent on forces that are unpredictable (Simonse 1992). As agriculturists they are dependent on regular rains. However, the rains in their area are erratic and localized. As a result there is always a risk that the harvest may fail. The soil is of varying quality, giving varying yields in different places. The birth rate is another major concern. It determines the security of the community in its relationship to neighboring, frequently hostile, communities. There is the concern for epidemics, crop-eating insects and birds, and root-eating worms. Violent winds may destroy the crop, and lions and leopards may kill humans and cattle. A concern of a different order is the extent of the effectiveness of weapons, spears, and bows and arrows, in assuring security.When adversity affects the community, the first question asked by those affected is that regarding its cause. Frequently the cause is a breach of the social rules: an act of violence and a failure to perform or properly perform a ritual of purification necessitated by the violence. It may also be unconscious resentment on the part of a person or group that feels excluded from benefits enjoyed by others. It may be the cry of a neglected relative. It may be incest. It may be an attack by outsiders.Among the Lulubo and Lokoya, responsibility for the various aspects of the natural environment that can be critical for community survival is allocated to the different clans. In the case of a crisis (drought, infertility) the clan associated with the problem is the target of investigations. The main investigation strategy is to check, one by one, the quarrels in which members of that clan have been involved. When a conflict has been identified, a solution is suggested by way of reconciliation or restitution. Of particular interest are attempts to provoke the responsible clan official. If a settlement of the dispute fails to bring the required result, there will be more rounds of investigation... (shrink)

In this paper, I argue that the unique contributions of Foucault’s late work to critical social theory can be identified in the ways in which power relations are refined as the material condition of “politics” as distinguished from that of law, where “politics”: includes both competitive and goal-oriented strategic actions and interactions, excludes the coercive technologies of law embodied in State institutions, presupposes “incomplete” reciprocity between actors engaged in directing others, always entails modes of revealing truth and acting upon the (...) self. By contextualising the break between pastoral power and direction in the 1979–1980 lectures, I show how for the late Foucault, power relations constitute the material condition of “politics” precisely because, unlike relations of control or coercion, their aims and objectives remain open to the possibility of building new relationships and potentially more “political” forms of social action. I conclude by situating this major distinction within Foucault’s unfulfilled project to study the “military dimension” of society, and the relevance and urgency of this project for contemporary struggles against new forms of militarism and austerity. (shrink)

In Property Rights and Poverty, / argued that seventeenth? to mid?nineteenth?century liberal theories of the natural right to property included both the ability to exclude others from resources lawfully acquired and the ability to claim as property the resources necessary for life and livelihood. Virtually every defense of the right to exclude written during this period carried limits which allowed and even required the government to enforce the rights of those without resources to the property of others. But although Locke, (...) among others, was a theorist of welfare rights, it is a mistake to describe him as a radical, as Richard Ashcraft does, which identifies Locke's purposes too closely with the legitimately radical theorists of the early nineteenth century who were deeply influenced by his work. (shrink)

I argue here that the existence of hermeneutical injustice as a pervasive feature of our collective linguistic and conceptual resources undermines the originalist task at two levels: one procedural, one substantive. First, large portions of society were (and continue to be) systematically excluded from the process of meaning creation when the Constitution and its Amendments were adopted, so originalism relies on enforcement of a meaning that was generated through an undemocratic process. Second, the original meaning of some words in (...) those texts may be substantively objectionable as a result because they fail to capture the relevant experiences of affected people at the time even if they accurately capture the conceptual understanding of reasonable people at the time, and this substantive failing may infect the text’s democratic legitimacy. To the extent that it can be overcome, overcoming this epistemic problem will require originalists to take seriously the insights of critical theory, understood in this Note as a normative inquiry into the historical context of the language and meaning of statutory text. Because originalists are already committed to a nominally descriptive inquiry into this context, and because this nominally descriptive inquiry masks the inherently normative aspects of the hermeneutical landscape, the switch to an explicitly normative inquiry may prove quite painless. (shrink)

In the first of these two lectures Professor Hart is concerned with certain controversies and changes of attitude towards the question of moral guilt—mens rea,’ the guilty mind’—in criminal proceedings according to English law. There is, on the one hand and at one extreme, the attitude of the McNaughten Rules which excludes guilt only in the case of a ‘defect of reason’; at the other extreme there is the modern position, represented by Lady Wootton according to which the conception of (...) metis rea should be dropped altogether—criminal proceedings are concerned with ‘social hygiene’ and have nothing to do with responsibility: the question of responsibility comes up only after a verdict has been reached in estimating what steps are likely to have the best consequences for the ‘criminal’ and for society. Between these extremes Professor Hart takes a kind of middle course, what he calls ‘a moderate form of the new doctrine’: ‘Under this scheme mens rea would continue to be a necessary condition of liability to be investigated and settled before conviction except so far as it relates to mental abnormality. The innovation would be that the accused person would not be able to adduce any form of mental abnormality as a bar to conviction. The question of his mental abnormality would under this scheme be investigated only after conviction and would primarily be concerned with his present rather than his past mental state’. He admits that there are some practical difficulties against this view, but he does not consider the theoretical difficulty that the theory does away with the principle that criminal conviction must be based on guilt and responsibility. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Nomadic Turns:Epistemology, Experience, and Women University Band DirectorsElizabeth GouldMusic education occupations in the U.S. have been segregated by gender and race for decades. While women are most likely to teach young students in classroom settings, men are most likely to teach older students in all settings, but most particularly in wind/percussion ensembles.1 Despite gender-affirmative employment practices, men constitute a large majority among band directors at all levels.2 At the (...) postsecondary level in the U.S., women constitute less than 10%.3 In all cases and all levels, the vast majority of band directors are white. Occupational segregation inhibits the development of individuals' careers as well as the development of the profession as individuals choose or are hired for positions based on their gender and/or race rather than their abilities.In terms of women university band directors, researchers have investigated employment trends,4 personal and occupational characteristics,5 occupational role models, and professional identity.6 Their findings generally have supported the hypotheses that historical precedent, traditional socialization, discrimination, segregation, and lack of role models contribute to their persistently low percentage as band directors. Longitudinal studies7 demonstrate that the percentage of women band directors has not increased significantly, and may be actually [End Page 147] declining after thirty years of enforcing affirmative action laws, which would suggest that these interventions have not provided the basis for enacting change in the profession. Further, change does not seem possible if members of the profession do not understand what causes the situation to persist. For example, while the College Band Directors National Association has supported the Linda A. Hartley and Deborah A. Sheldon study,8 their concern seems to be in only identifying the extent of the situation with the intention of increasing the number of women and non-white individuals who are band directors within the profession as it currently is constructed. This empirical approach is inadequate because it addresses neither the values held by members of the profession, nor its structure, which as previous research indicates, is poorly understood and must change to make possible meaningful increases in the number of women and non-white people.The profession of conducting university bands exists within the profession of music education in general, which, of course, exists within the profession of music. Clearly, one cannot be adequately understood without placing it in the context of the others. What is needed, then, are richer, more substantive, and meaningful understandings of the professions in general and of specific questions within them in particular, as they may provide the basis on which change can be possible. In addition to addressing the issue of persistent occupational gender and racial segregation, questions that may be addressed include positionalities9 of bands in the music education profession, the relationship of performance/conducting to the music profession, and the role of the musician in society in general. In order to accomplish this, I propose an analytical method that is both postmodern and feminist, and in which the philosophical figuration of the nomad, as explicated by Rosi Braidotti,10 is central.Postmodern/Feminist AnalysisDescribed variously as a "philosophical perspective,"11 a "sensibility,"12 and a historical moment,13 postmodernism resists definition. It may be understood as a way of perceiving the world that accepts and even embraces contradictions and uncertainties while rejecting commonly accepted cultural beliefs and practices, including humanist understandings of identity, representation, and the subject. This is a "postmodernism of resistance"14 that interrogates cultural practices, focusing on what is unexpected, marginalized, and silenced, opening spaces for change. In contrast, analysis based on modernism is constrained by binary oppositions that inscribe the positionalities of social groups. These oppositions are exemplified by Subject/Other (for example, male/female, reason/emotion) and consist of asymmetrical power relations in which the former is privileged over the latter, and the latter is defined in terms of not-the former. Postmodern analysis [End Page 148] reveals what these dualisms exclude, distort, or obscure, and provides flexibility for research from a variety of perspectives. Braidotti describes it as a "new kind of theoretical style"15 in terms of thinking, design, and analysis of research, a style... (shrink)

Biobanking in Europe has made major steps towards harmonization and shared standards for the collection and processing of data and samples stored in biobanks. Still, biobanks and researchers face substantial legal difficulties in the field of data protection and sample management. Data protection law was harmonized almost 15 years ago while rights in samples fall under the competence of the Member States of the EU. Despite the Data Protection Directive the field of data protection shows a substantial degree of deviation (...) as public health was excluded from the harmonization. Biobanks seem to have substantially fewer difficulties to cope with in terms of the legal requirements in the field of sample management. This paper discusses the legal framework, experiences of different biobanks in Europe and potential ways forward. It also highlights the need for a health economic analysis of the costs and benefits of privacy protection in Europe. At the moment, policymakers seem to build their decisions on an insufficient evidence base which underestimates the potential value of biobanks for European public health. Within the past few years little progress has been achieved with regards to the development of a unified legal framework in Europe, The diversity in the legal system is also reflected in the different approaches of ethics committees towards biobanking. To secure the responsible and effective use of data and samples, more efforts are needed to come up with pathways for a solution. (shrink)

In the debate on whether to ban LAWS, moral arguments are mainly used. One of these arguments, proposed by Sparrow, is that the use of LAWS goes hand in hand with the responsibility gap. Together with the premise that the ability to hold someone responsible is a necessary condition for the admissibility of an act, Sparrow believes that this leads to the conclusion that LAWS should be prohibited. In this article, it will be shown that Sparrow’s argumentation for both premises (...) is not convincing. If one interprets the thesis that responsibility (first premise) is necessary in a descriptive sense, this assertion clashes with military theory and practice. And even if you focus on the normative interpretation, that claim does not stand. The second premise for Sparrow’s conclusion, namely that you cannot hold anyone responsible for LAWS’ (mis)deeds, is based on the idea that control is a necessary condition for responsibility. It will be shown that this idea too is not correct, which means that Sparrow’s control argument does not do the work it should do. From this, we can conclude that Sparrow’s justification for his claim that LAWS should be banned is insufficient, and neither can we conclude that the thesis of a responsibility gap has in any case been undermined. However, it will also be argued that someone may be responsible for the actions of LAWS, or that it cannot be excluded that one can be held responsible. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:_Russell_ journal (home office): E:CPBRRUSSJOURTYPE2602\REVIEWS.262 : 2007-01-24 01:12 Reviews 185 A NORWEGIAN ANTHOLOGY OF RUSSELL ON WAR, PEACE AND PACIFISM Stefan Andersson Theology and Religious Studies / U. of Lund s223 62 Lund, Sweden [email protected] Øystein Hide, ed. Bertrand Russell om krig, fred og pasifisme [Bertrand Russell on war, peace and pacifism]. Oslo: Humanist Forlag, 2006. Pp. 261. isbn 8292622101. 268 Kroner. Paperbound. his is a selected anthology of (...) Russell’s writings and interviews on war, Tpeace and pacifism edited by the Norwegian Øystein Hide, who was born in 1975 and has the equivalent of a ma in philosophy from a Norwegian university. He did graduate work at the University of Southampton in 2001–04. He has worked at the Wittgenstein Archives in Bergen and at the University of Bergen. He has done research at the Bertrand Russell Archives1 and is a member of the Mind Association. He has translated Wittgenstein’s Zettel and Über Gewissheit into Norwegian and has done other philosophically relevant work in both Norwegian and English. Øystein Hide has supplied his anthology with an introduction that contains a number of minor factual mistakes that are a bit disturbing, but they do not overshadow his main message that Russell’s writings on war, peace and pacifism are still worth reading. He starts out by distinguishing between “the two Bertrand Russells”: the philosopher and what he calls “the political humanist”. Although Hide does not spend much energy on explaining exactly what he means by it, I find this a thought-provoking expression that to me suggests a secular humanist who is prepared to act on his convictions. He compares Russell to the Norwegian philosopher Arne Næss, who also was a political activist and acted according to his deepest beliefs. Hide says about Russell: “For many people Russell has become the great philosopher who also actively contributed to the general political debate and who, in the capacity of being a philosopher, gave the lovers of peace a philosophical and intellectual alibi with which they could decorate their struggles” (p. 11). 1 Notably resulting in his article, “Wittgenstein’s Books at the Bertrand Russell Archives and the Influence of Scientific Literature on Wittgenstein’s Early Philosophy”, Philosophical Investigations, 27 (Jan. 2004): 68–91. _Russell_ journal (home office): E:CPBRRUSSJOURTYPE2602\REVIEWS.262 : 2007-01-24 01:12 186 Reviews Russell’s position as a philosopher and political activist in Norway is more or less the same as in the other Nordic countries, and although Hide’s book is Norwegian a lot of Swedes, Danes, Finns and Icelanders will be able to benefit from the collection. There is no mention, however, of Russell’s only trip to Norway (in 1948), which had a political purpose. Hide has divided his collection into two parts. The first part contains ten texts written between 1916 and 1920, and the second part contains five between 1950 and 1960. He does not say a lot about why he has included these texts and excluded others. These are the selections he offers: Part 1: “War as an Institution”, Chapter 3 from Principles of Social Reconstruction (1916) “Why the War Continues”, The UDC, 2 (10 Feb. 1917); in Papers 14 “National Service”, The Tribunal, 47 (15 Feb. 1917); Papers 14 “War and Individual Liberty”, The Tribunal, 50 (8 March 1917); Papers 14 “Pacifism and Revolution”, The Tribunal, 67 (19 July 1917); Papers 14 “The International Outlook”, The Pioneer, 347 (10 Nov. 1917); Papers 14 “Draft of Defence” (for Russell’s 1918 trial); Papers 14 “Government and Law”, Chapter 5 from Roads to Freedom (1918) “The World as It Could be Made”, Chapter 8 from Roads to Freedom (1918) “Bolshevik Criticism of Democracy”, Chapter 3 of Part 2 of The Practice and Theory of Bolshevism (1920) Part 2: “Politically Important Desires”, Chapter 2 of Part 2 of Human Society in Ethics and Politics (1954); Nobel Prize speech, 1950 How Near Is War? (London: Fleet Street Forum, 1952); interview “Man’s Peril”, The Listener, 52 (30 Dec. 1954); Papers 28 “The Road to Peace”, The Bomb: Challenge and Answer (London: Batsford, 1955); Papers 28 “War and Pacifism”, Bertrand Russell Speaks His Mind (1960... (shrink)

The essays study from different perspectives, the much discussed and crucial topic of social discrimination, and particularly Dalit exploitation. The work is highly interdisciplinary in nature-relevant for several subjects and disciplines such as political science, sociology, Dalit studies, minority studies, women's studies, anthropology, law, economics This work specifically sets out to explore contemporary manifestations of discrimination that persist in our society through institutions and through norms and practices that define the terms on which certain social groups continue to be (...) excluded. The contributors bring in different critical perspectives from their different disciplines. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Nomadic Turns:Epistemology, Experience, and Women University Band DirectorsElizabeth GouldMusic education occupations in the U.S. have been segregated by gender and race for decades. While women are most likely to teach young students in classroom settings, men are most likely to teach older students in all settings, but most particularly in wind/percussion ensembles.1 Despite gender-affirmative employment practices, men constitute a large majority among band directors at all levels.2 At the (...) postsecondary level in the U.S., women constitute less than 10%.3 In all cases and all levels, the vast majority of band directors are white. Occupational segregation inhibits the development of individuals' careers as well as the development of the profession as individuals choose or are hired for positions based on their gender and/or race rather than their abilities.In terms of women university band directors, researchers have investigated employment trends,4 personal and occupational characteristics,5 occupational role models, and professional identity.6 Their findings generally have supported the hypotheses that historical precedent, traditional socialization, discrimination, segregation, and lack of role models contribute to their persistently low percentage as band directors. Longitudinal studies7 demonstrate that the percentage of women band directors has not increased significantly, and may be actually [End Page 147] declining after thirty years of enforcing affirmative action laws, which would suggest that these interventions have not provided the basis for enacting change in the profession. Further, change does not seem possible if members of the profession do not understand what causes the situation to persist. For example, while the College Band Directors National Association has supported the Linda A. Hartley and Deborah A. Sheldon study,8 their concern seems to be in only identifying the extent of the situation with the intention of increasing the number of women and non-white individuals who are band directors within the profession as it currently is constructed. This empirical approach is inadequate because it addresses neither the values held by members of the profession, nor its structure, which as previous research indicates, is poorly understood and must change to make possible meaningful increases in the number of women and non-white people.The profession of conducting university bands exists within the profession of music education in general, which, of course, exists within the profession of music. Clearly, one cannot be adequately understood without placing it in the context of the others. What is needed, then, are richer, more substantive, and meaningful understandings of the professions in general and of specific questions within them in particular, as they may provide the basis on which change can be possible. In addition to addressing the issue of persistent occupational gender and racial segregation, questions that may be addressed include positionalities9 of bands in the music education profession, the relationship of performance/conducting to the music profession, and the role of the musician in society in general. In order to accomplish this, I propose an analytical method that is both postmodern and feminist, and in which the philosophical figuration of the nomad, as explicated by Rosi Braidotti,10 is central.Postmodern/Feminist AnalysisDescribed variously as a "philosophical perspective,"11 a "sensibility,"12 and a historical moment,13 postmodernism resists definition. It may be understood as a way of perceiving the world that accepts and even embraces contradictions and uncertainties while rejecting commonly accepted cultural beliefs and practices, including humanist understandings of identity, representation, and the subject. This is a "postmodernism of resistance"14 that interrogates cultural practices, focusing on what is unexpected, marginalized, and silenced, opening spaces for change. In contrast, analysis based on modernism is constrained by binary oppositions that inscribe the positionalities of social groups. These oppositions are exemplified by Subject/Other (for example, male/female, reason/emotion) and consist of asymmetrical power relations in which the former is privileged over the latter, and the latter is defined in terms of not-the former. Postmodern analysis [End Page 148] reveals what these dualisms exclude, distort, or obscure, and provides flexibility for research from a variety of perspectives. Braidotti describes it as a "new kind of theoretical style"15 in terms of thinking, design, and analysis of research, a style... (shrink)

This issue of Ethical Perspectives is strongly illuminated by two themes: moral impulse and critical citizenship. Of course, these themes are related – without a critical faculty, the moral impulse is not possible, and impulse, conversely, can be seen as leading toward critique. This is no vicious circle, nor mere tautology – rather, they are both moments of the truly autonomous individual, where the autonomy of the individual is not seen as isolation, but rather as an individual responsibility to and (...) within a society. Hence, a moral impulse fuelled by the individual critic is not enough; criticism must be framed within critical citizenship.Since our schizophrenic age fears for desensitivity, a fear best expressed in our age’s various flavours of political correctness, while it actively or at least tacitly posits this very desensitivity in its canonization of a purely formal ‘freedom to,’ a canonization best exhibited in the extreme examples of reality television, these intertwined themes are of extreme importance, and thus deserve close explication and discussion.I will let the pieces below provide this discussion, but permit me at least to set the table. As Michael Hauskeller so clearly argues in these pages, moral disgust is the moral impulse towards formal ethics, in the sense that it is the initial and immediate moral reaction that normatively colours our comportment with the outside world. I may know or think I know that something is wrong, or right, without giving this impulse a reason. This is not the ethical certitude of Bradley, but it is close in that both Bradley and Hauskeller would argue that the initial feeling need not be explained away, but rather deserves due respect. Moral disgust can clearly be misplaced, and clearly it can fail to withstand ethical scrutiny, but as impulse, it shakes us out of mere consciousness and moves us toward some sort of normativity. In this sense, it is always morally relevant.Lisa Bortolotti joins this discussion by arguing that no moral justification exists for reserving rights to humans. The moral impulse must be widened. At first, her approach comes across as opting for the typical agenda of preference-satisfaction utilitarianism: she wishes to extend the realm of rights in the name of safeguarding the power of reason and autonomy of individuals, who, she argues, are not always human. But then she offers something atypical in this debate: the very safeguarding of the power of reason and autonomy also applies to those who are often seen as marginal humans and thus excluded from in other strands of preference utilitarianism.Co-authors T. Brian Mooney and Samantha Minett apply the question of moral disgust to the question of life-science art, a new form of expression that merges biotechnology with the aesthetic. Like most forms of art that have emerged in recent generations, life-science art sees its task in the questioning of assumptions, which, of course, is a break from past ideas of aesthetics. Mooney and Minett turn their attention to this nascent field and ask: are there good grounds to translate our putative moral disgust at the fanciful and aesthetic use of biotechnology, such as pigs with wings and glowing rabbits? Turning first to utilitarianism and then to Thomastic virtue ethics, they argue clearly: yes, there are.Christian Arnsperger then kicks off our second related theme by posing a simple but profound question: why do English speakers refer to anti-globalism, whereas French speakers refer to alter-mondalism ? This French viewpoint would seem to call for critical global citizens who do not shirk from the increasing interconnectivity of our world, but who also do not take its current form as the inevitable development of immutable laws. Instead, such critical citizenry is called to see the current capitalist framework as an ideology, and as such, as liable to change, a change that citizens themselves can effect.Moving from theory to practice, Andrew Fiala rounds off this issue by giving us an example of critical citizenry, which he sees in just war pacifism. He argues that citizens must not capitulate to political or military authority in judging the justness of war, either regarding ad bellum judgements, or in bello actions. Moreover, seemingly just ad bellum decisions also deserve close scrutiny, largely because once the fog of war descends, in bello actions quickly eclipse justice. For this reason, he argues, a critical citizen should anticipate war crimes and thus be strongly reluctant to authorize war – an authorization that, in democratic societies, ultimately lies in the hands of the citizens themselves through the electoral process.Thus, this number quite clearly furthers the mission of Ethical Perspectives, which is to promote the international dialogue between fundamental and applied ethics. Providing articles written on three separate continents and addressing three of the most characteristic aspects of our age on top of a background well painted by their companion theoretical pieces, our authors once again invite you to take stock of where our world finds itself today. And then, to take action. (shrink)

SummaryIn An Essay upon Civil Government (1722), Andrew Michael Ramsay mounted a sustained attack upon the development throughout English history of popular government. According to Ramsay, popular involvement in sovereignty had led to the decline of society and the revolutions of the seventeenth century. In his own time, Parliament had become a despotic instrument of government, riven with faction and driven by a multiplicity of laws that manifested a widespread corruption in the state. Ramsay's solution to this degeneracy was (...) the extirpation of Parliament, and its substitution with a monarchy moderated by an aristocratic senate. Ramsay's adoption of certain “Country” elements, including a return to the first principles of the constitution, claimed to reflect the principles of contemporary French aristocratic theory which called for the reform of government through the nobility. In his desire to exclude popular government, and reverse the decline of the state, however, Ramsay utilised the theory with which Bossuet had defended Louis XIV's absolute France. Intriguingly, traces of the natural law system which fortified Ramsay's theory can be found in Viscount Bolingbroke's subsequent attack on Walpole's Whig ministry and the corruption of the state. (shrink)

Zimbabwe's unending socioeconomic crisis has led to the flooding of informal street vendors in its urban areas, a development that has led to incessant clashes between the street vendors and the local authorities. Literature has shown that street vending is a global phenomenon and its problems could be addressed through best practices of inclusivity. This study examined the situation of informal street vendors in Harare in the light of social inclusion. It also made use of insights from Pope Francis regarding (...) World Popular Movements. Data were collected through focus group discussions comprising six informal street vendors operating in Harare as its participants. Findings revealed that informal street vendors in Harare faced many structural challenges, one of which included operating in contested spaces characterised by violent evictions from vending sites, bribery and power struggles. Results also showed that street vendors lacked access to bank loans, information, and even the power to influence policies which directly affected them. Based on these findings, it was argued that the informal street vendors were socially excluded and needed to be integrated into the economic fabric of the urban society. This social inclusion process was considered as only possible if local authorities adopted an inclusive approach to policymaking. This would entail involving the street vendors when crafting policies that directly affect them. It was recommended that Harare City Council regularises street vending, aligns its by-laws to the National Constitution, and that it also formulates inclusive policies. CONTRIBUTION: The article makes a contribution towards the promotion of an inclusive society whereby everyone has equal access to social and economic opportunities. (shrink)