We set out by tracking the political vicissitudes of the administration of justice and their connections with a range of phenomena: the neglect by politicians; a series of events and scandals and the very curious reactions of the judicial apparatus; several parliamentary investigation commissions without much effect. Then we take a critical look at partisan politicisation of the magistrature: negative evalution of their output thrives to it; but there are also partisan appointments and promotions, even absence and refusal of training. (...) Many contextual factors hinder a normal, acceptable process of politicisation: over- and underregulation, bad legislation, misconception on contra! over the administration of justice and over judges, non-democratic decisionmaking within the organisation of the magistrature, the development of wrong relationship inside the trias politica; but also other more external conditions were not met neither. We wind up with an examination of the assesment of recent governmental proposals: an improvement of criminal and judicial inquiries; foundation of a national advisory body for the magistrature; simplification of the legislation; modernisation of the courts activities; a more objective recruitment and selection system; more easy access to justice etc. The question raises as to wether it suffices to tinker with the sy stem of the administration of justice alone... Between the Belgian and the Italian situations are similarities and relevant differences. (shrink)

The authors discuss «judicial» policy-making in the seventies by such various actors as police authorities, local and national government, the Bar associations, legal aid agencies, the judiciary, and prison authorities. They stress the quasi-absence of reliable statistical information, of good annual reports, and of the minimum goodwill of the authorities that would open this area for social science research. They also analyse some of the major decisions that have been made by the Belgian department of justice in the last ten (...) years. (shrink)

BackgroundIn many countries health insurers, employers and especially governments are increasingly using pressure and coercion to enhance healthier lifestyles. For example by ever higher taxes on cigarettes and alcoholic beverages, and ever stricter smoke-free policies. Such interventions can enhance healthier behaviour, but when they become too intrusive, an unfree society can emerge. Which lifestyle interventions that use pressure or coercion are justifiable and which are not? We tried to develop an assessment model that can be used for answering this question, (...) on a generally acceptable way, for all sorts of lifestyle interventions.MethodsThe intended assessment model was developed in three phases. In the first phase the model was theoretically developed on the basis of literature study and reasoning. In the second phase the model was empirically tested by assessing two detailed cases from everyday practice using the model. The model was improved again and again. In the third phase the 10th version of the model was developed while writing this article.ResultsAn assessment model for the justification of intrusive lifestyle interventions. It comprises three components: 12 assessment criteria ; an assessment structure with three filters ; a way of assessing.ConclusionsWe have developed an assessment model for the justification of lifestyle interventions that use pressure or coercion to promote health. The correctness, completeness and practicality of the model are likely. Important principles for the justification are the logic and completeness of the underlying argumentation and the proper use of the available scientific information. Parties for and against a particular intervention could use the model to test and strengthen their argumentation and to improve the quality of the intervention. (shrink)

In many countries health insurers, employers and especially governments are increasingly using pressure and coercion to enhance healthier lifestyles. For example by ever higher taxes on cigarettes and alcoholi..

The current study investigated how work-related disagreements—coined as conflicts—relate to workplace bullying, from the perspective of the target as well as the perpetrator. We hypothesized a positive indirect association between task conflicts and bullying through relationship conflicts. This process accounted for both for targets and perpetrators of bullying. Targets are distinguished from perpetrators in our assumption that this indirect effect is boosted by distributive conflict behavior, being yielding for targets and forcing for perpetrators. Results in a large representative sample of (...) the Flemish working population confirmed our hypotheses. Additionally, our study also revealed a direct effect from task conflicts to bullying in the analyses regarding the indirect as well as the conditional indirect effects. For perpetrators, both the indirect and direct relationships are moderated by forcing, underlining the importance of distributive conflict behavior particularly for the enactment of bullying behaviors. (shrink)

In the Netherlands, in 1995 approximately 9700 people explicitly requested euthanasia or assisted suicide, and EAS was performed approximately 3600 times. The most important reasons for not performing EAS when requested by a patient were that the patient died before EAS was performed, or that the physician refused the request.

De invloed van het denken van Paul Moyaert is zeer groot. Daarom wil 'Orde scheppen' hulde brengen aan deze filosoof en zijn intellectuele bezetenheid. De thematische diversiteit van het boek weerspiegelt de biodiversiteit van Moyaerts eigen werk, die met enig geweld tot drie grote thema's of domeinen kan worden herleid: wijsgerige antropologie, psychopathologie en religie. Onderwerpen zijn: het symbolische, de liefde, uchronie, de echtheid van beelden, en poëzie; de afstemming bij jongvolwassenen met een meervoudige handicap, homoseksualiteit bij vrouwelijke adolescenten, en (...) Kant en Foucault; en ten slotte de hardnekkigheid van religie, christelijke ascese, de vele gezichten van Kierkegaard, Franciscus van Assisi, en de oorlogsdagboeken van Hans Keilson. (shrink)

Les rapports de pouvoir irradient notre société : sont-ils inéluctables? Nous nous apercevons qu'ils ont été construits pour asseoir la domination d'une minorité sur le reste de la population. Cet ouvrage démonte et analyse les mécanismes qui sont à l'origine des relations de pouvoir. Le point de départ de cette étude réside dans la volonté d'interroger la croyance, aussi répandue que massive, selon laquelle la domination serait naturelle aux hommes et aux animaux. En effet, lorsqu'on examine les opinions habituelles portant (...) sur la domination se distingue ordinairement la certitude quasi indéracinable qu'elle ne serait rien que l'expression d'une force naturelle et que, s'il y a des forts et des faibles, c'est parce que force et faiblesse, puissance et soumission seraient inscrites dans un ordre naturel des choses. À la faveur d'une alliance entre philosophie et biologie, il s'agit ici de se demander quelle est l'origine de la domination, et de comprendre les mécanismes des relations de pouvoir. Au fond, y a-t-il une légitimité de nature à poser ou réclamer l'inégalité? Où l'on voit que l'enjeu de ce livre réside dans l'effort pour résoudre scientifiquement et philosophiquement le problème du statut des phénomènes de domination dans le monde, et pour poser les bases à partir desquelles peut s'édifier une pensée de l'émancipation authentique. (shrink)

Here, I propose a new hypothesis: sex originated from an archaic gene transfer process among prebiotic bubbles without the prerequisite for reproduction. This de‐coupling from reproduction might make the thorny problem of accounting for the evolution of sex, despite the apparent advantages of parthenogenicity, more tractable.

This paper argues, against the prevailing view, that consent to privacy policies that regular internet users usually give is largely unproblematic from the moral point of view. To substantiate this claim, we rely on the idea of the right not to know (RNTK), as developed by bioethicists. Defenders of the RNTK in bioethical literature on informed consent claim that patients generally have the right to refuse medically relevant information. In this article we extend the application of the RNTK to online (...) privacy. We then argue that if internet users can be thought of as exercising their RNTK before consenting to privacy policies, their consent ought to be considered free of the standard charges leveled against it by critics. (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 the long line of French Sade studies, Deleuze's essay Coldness and Cruelty marks out a special place. By discussing Masoch both in addition to and in contrast to Sade, Deleuze reveals the stakes of his book: he wants to unmask the concept of sadomasochism as a clinical nonentity. In their paper, the authors explain the arguments supporting this project and show their relation to Deleuze's reading of Bergson. They then argue that there is a second, similarly Bergsonian criticism of (...) Freudian psychoanalysis operating in the background of Coldness and Cruelty. This more wide-ranging criticism takes Freud to task for conceiving perversion, like neurosis, in Oedipal terms. This conception, Deleuze holds, forgets that perversion and neurosis represent two different worlds that essentially have nothing to do with each other despite crossing in clinical experience. (shrink)

This edited collection explores the problem of violence from the vantage point of meaning. Taking up the ambiguity of the word ‘meaning’, the chapters analyse the manner in which violence affects and in some cases constitutes the meaningful structure of our lifeworld, on individual, social, religious and conceptual levels. The relationship between violence and meaning is multifaceted, and is thus investigated from a variety of different perspectives within the continental tradition of philosophy, including phenomenology, post-structuralism, critical theory and psychoanalysis. Divided (...) into four parts, the volume explores diverging meanings of the concept of violence, as well as transcendent or religious violence- a form of violence that takes place between humanity and the divine world. Going on to investigate instances of immanent and secular violence, which occur at the level of the group, community or society, the book concludes with an exploration of violence and meaning on the individual level: violence at the level of the self, or between particular persons. With its focus on the manifold of relations between violence and meaning, as well as its four part focus on conceptual, transcendent, immanent and individual violence, the book is both multi-directional and multi-layered. (shrink)

Artificial intelligence and normative ethics: Who is responsible for the crime of LAWS? In his text “Killer Robots”, Robert Sparrow holds that killer robots should be forbidden. This conclusion is based on two premises. The first is that attributive responsibility is a necessary condition for admitting an action; the second premise is that the use of killer robots is accompanied by a responsibility gap. Although there are good reasons to conclude that killer robots should be banned, the article shows that (...) Sparrow's argument for the ban is not correct. (shrink)

This paper is dedicated to a discussion of Gilles Deleuze’s Coldness and Cruelty and its special place in French Sade studies. In this text, Deleuze famously argues against the notion of ‘sadomasochism’ as a unity. Sadism and masochism are, on his view, two entirely separate and incompatible ways of making use of pain and suffering in perversion. What is less known about Deleuze’s text is that he argues, against the current in French philosophy, psychiatry, and even intuition, that the essence (...) of sadism is a kind of thinking rather than a pleasure in causing pain to others. In this essay, we try to make sense of the idea that the sadist, at heart, is a metaphysician who thinks by means of suffering and indifference. Our paper also addresses the related concern about how to account for the properly sexual nature of this metaphysical perversion. We argue that the sexuality of thinking is rooted in pre-genital sexual life as described by Freud in his Three Essays on the Theory of Sexuality. (shrink)

The decades immediately following the Second World War saw extensive interest in the literary novels of Sade. Compared with the Sade studies of Maurice Blanchot, Jacques Lacan, and Gilles Deleuze, Simone de Beauvoir offers a unique perspective in her essay Must We Burn De Sade?. Indeed, unlike her contemporaries, Beauvoir focuses not only on Sade's prose but also on Sade's life and the relationship between Sade's life and literature. The latter is interpreted in two different ways. Thus, Beauvoir uses at (...) least three different perspectives to understand the Marquis de Sade. In our essay, each of these three approaches, not clearly distinguished by Beauvoir's interpreters, will be discussed separately. This discussion will be linked to the important point that Beauvoir mentions three different notions of sadistic enjoyment. It will be argued that the distinction between these different notions coincides with the distinction between the three perspectives Beauvoir uses in her reading of Sade. We will evaluate both how Beauvoir's study on Sade is related to her existentialist philosophy, and the relationship between Must We Burn De Sade? and the studies of Beauvoir's contemporaries, a relationship which is neglected by most scholars in continental philosophy. (shrink)

Many philosophers and lay people believe that philosophy has an important role to play in times of societal crisis. In this contribution reasons are given to doubt the supposed societal relevance of philosophy.

Among the French philosophers who discuss the literature of writer Marquis de Sade, Maurice Blanchot presents a unique interpretation. For Blanchot, literature is the theme par excellence on which his entire oeuvre has been built. It is not, however, the case that Blanchot reads several literary forms and invents new concepts to map out a certain form of literature. His thinking about literature is indeed accompanied by an ideal and his interest goes out to a particular kind of writer, namely (...) the writer who feels closely related to revolution. This implies that Blanchot is interested in Sade because his literature is both an illustration of a certain ideal, and is stuck in the revolutionary moment of radical negation. (shrink)

In secondary literature one can often read that Arendt, when she writes about violence, differs from Benjamin and Sorel. Indeed, while she considers violence as something instrumental, the two others write about a kind of violence that does not serve a goal. In the present essay it is argued that this presentation of the debate is not correct, and that the relationship between the three philosophers regarding the issue of violence is more complex.

In this article the author discusses Pierre Klossowski’s first and second interpretation of the novels of Marquis de Sade. It is often stressed that there is a big difference between these interpretations: the first interprets Sade from a theological perspective; the second puts that Sade is an exponent of modernity. One can however argue that also Klossowski’s first theological reading interprets Sade as a product of modern thinking.

The literary oeuvre of Marquis de Sade (1740–1814) has attracted a great deal of interest over the past 200 years, not only from writers, but also from numerous leading philosophers. Among them is Georges Bataille, who particularly emphasizes the apathetic character of the Sadean libertines, meaning that they feel nothing at all. More specifically, the French philosopher focuses on their apathetic enjoyment that goes hand in hand with the abuse of victims. The goal of this article is to clarify that (...) peculiar pleasure by comparing it, among other things, with stoicism and mysticism. It will be shown that in the Sadean universe not moral transgression is central, but rather the transgression of a metaphysical boundary, i.e. the boundary between the human and non-human. (shrink)

Dynamic Epistemic Logic This article tells the story of the rise of dynamic epistemic logic, which began with epistemic logic, the logic of knowledge, in the 1960s. Then, in the late 1980s, came dynamic epistemic logic, the logic of change of knowledge. Much of it was motivated by puzzles and paradoxes. The number … Continue reading Dynamic Epistemic Logic →.

This paper argues, against the prevailing view, that consent to privacy policies that regular internet users usually give is largely unproblematic from the moral point of view. To substantiate this claim, we rely on the idea of the right not to know (RNTK), as developed by bioethicists. Defenders of the RNTK in bioethical literature on informed consent claim that patients generally have the right to refuse medically relevant information. In this article we extend the application of the RNTK to online (...) privacy. We then argue that if internet users can be thought of as exercising their RNTK before consenting to privacy policies, their consent ought to be considered free of the standard charges leveled against it by critics. (shrink)

Dynamic Epistemic Logic This article tells the story of the rise of dynamic epistemic logic, which began with epistemic logic, the logic of knowledge, in the 1960s. Then, in the late 1980s, came dynamic epistemic logic, the logic of change of knowledge. Much of it was motivated by puzzles and paradoxes. The number … Continue reading Dynamic Epistemic Logic →.

The Flemish Movement was born out of the democratic and especially, the national enthusiasm of the Belgian revolution of 1830. lts purpose was the recovery of the people language in public life. Till the defeat of France in the France-German war of 1870-1871 she wanted to protect Belgium from annexation by France. The revolution of 1848 in Europe and the threat of Belgium by «the dictator» Napoleon III, reinforced its democratic character and connected it with the movement for enlargement of (...) the voting-right, for decentralization and anti-militarism. Therefore she was supported also from the Walloon patriots and democrats, especially out of the catholic party.From 1847 onwards its morale and politics which were close to the church opinion, were openly tempted by a group for whom the Flemish Movement had to have a liberal character. In that group, most of them rejected the enlargement of votingright because it would be in the interest of the catholics, and they condamned the cooperation of some liberals with the Flemish minded catholics. The introduction of the universal suffrage in 1893 led to a reinforced Flamingant agitation.She was backed upon the christian-democrat peasant- and labour movement, but did get little response in the socialist party. The interest for political action in the Flemish Movement stayed weak. (shrink)

What is empiricism and what could it be? Bas . van Fraassen, one of the world’s foremost contributors to philosophical logic and the philosophy of science, here undertakes a fresh consideration of these questions and offers a program for renewal of the empiricist tradition. The empiricist tradition is not and could not be defined by common doctrines, but embodies a certain stance in philosophy, van Fraassen says. This stance is displayed first of all in a searing, recurrent critique of metaphysics, (...) and secondly in a focus on experience that requires a voluntarist view of belief and opinion. Van Fraassen focuses on the philosophical problems of scientific and conceptual revolutions and on the not unrelated ruptures between religious and secular ways of seeing or conceiving of ourselves. He explores what it is to be or not be secular and points the way toward a new relationship between secularism and science within philosophy. (shrink)

In this paper we explore the rise of ‘the breast cancer gene’ as a field of medical, cultural and personal knowledge. We address its significance in the Norwegian public health care system in relation to so-called biological citizenship in this particular national context. One of our main findings is that, despite its claims as a measure for health and disease prevention, gaining access to medical knowledge of BRCA 1/2 breast cancer gene mutations can also produce severe instability in the individuals (...) and families affected. That is, although gene testing provides modern subjects with an opportunity to foresee their biological destiny and thereby become patients in waiting, it undoubtedly also comes with difficult existential dilemmas and choices, with implications that resonate beyond the individual and into different family and love relations. By elaborating on this finding we address the question of whether the empowerment slogan, which continues to be advocated through various health, BRCA and breast cancer discourses, reinforces a naïve or an idealized notion of the actively responsible patient: resourceful enough to seek out medical expertise and gain sufficient knowledge, on which to base informed decisions, thereby reducing the future risk of developing disease. In contrast to this ideal, our Norwegian informants tell a different story, in which there is no apparent heroic mastery of genetic fates, but rather a pragmatic attitude to dealing with a dire situation over which they have little control, despite having complied with medical advice through national guidelines and follow-up procedures for BRCA 1/2 carriers. In conclusion we claim that the sense of safety that gene testing and its associated medical solutions allegedly promise to provide proved illusory. Although BRCA-testing offers the potential for protection from adverse DNA-heritage, administered through possibilities for self-monitoring and self-management of the body, the feeling of ‘being in good health’ has hardly been reinforced by the emergence of gene technology. (shrink)