Law and the Formation of Modern Europe explores processes of legal construction in both the national and supranational domains, and it provides an overview of the modern European legal order. In its supranational focus, it examines the sociological pressures which have given rise to European public law, the national origins of key transnational legal institutions and the elite motivations driving the formation of European law. In its national focus, it addresses legal questions and problems which have assumed importance in parallel (...) fashion in different national societies, and which have shaped European law more indirectly. Examples of this are the post-1914 transformation of classical private law, the rise of corporatism, the legal response to the post-1945 legacy of authoritarianism, the emergence of human rights law and the growth of judicial review. This two-level sociological approach to European law results in unique insights into the dynamics of national and supranational legal formation. (shrink)

The European Convention of Human Rights system was originally created to sound the alarm if democracy was threatened in the member states. Yet, it eventually developed into a very different system with a focus on providing individual justice in an ever growing number of member states. This transformation has raised fundamental questions as to the level of difference and diversity allowed within the common European human rights space. Was the system to rest on minimum standards with room for domestic differences, (...) or was it to create uniform standards? These questions have come up as increasingly contentious issues over the past years and have triggered a number of reforms seeking to introduce more subsidiarity in the system, striking a different balance between the European and national oversight of human rights. The article analyses this turn to subsidiarity by exploring whether the reform process has introduced new forms of difference and diversity within the common space of European human rights. Covering the period from 2000 to the end of 2019 and using a dataset of all judgments of the period, the article provides a structural analysis of developments in reference to the margin of appreciation which is the European Court of Human Rights’ long-standing tool for balancing the common standards, yet leaving space for individual member states to find local solutions to implementing those standards. It concludes that recent developments have contributed to a more federal-style construction of European human rights with more space for differences within the common general standards. (shrink)

The present paper focuses on the nurse–patient relationship in forensic psychiatric care. From research in the field six categories of nurse–patient interactions are identified: ‘building and sustaining relationships’, ‘supportive/encouraging interactions’, ‘social skills training’, ‘reality orientation’, ‘reflective interactions’ and ‘practical skills training’. The content of each category of interaction in the context of forensic psychiatric care is described. A conceptual model is presented together with an empirical, philosophical and theoretical foundation for the use of verbal and social interactions in nurse–patient interactions (...) in forensic psychiatric nursing care. The implications and possible uses of the model in the practical field of forensic psychiatric care are discussed. (shrink)

This chapter proposes a version of epistemic contextualism, called inferentialist contextualism, as a promising research program within African epistemology. My suggestion should be seen against the background of the earlier debate between the seemingly incompatible positions of universalism and particularism. Whilst universalism has been charged with not allowing for diversity, of forcing African culture into the Procrustean bed of Western thought, particularism seems to block cross-cultural dialogue. A compromise is therefore called for. I argue that inferentialist contextualism can fill this (...) need. One promising feature is that whilst traditional epistemology always places the burden of justification on the subject of knowledge, inferentialist contextualism distinguishes between three different contexts: except for the traditional one, a second where the burden of proof is shared by both the subject and any fellow who might challenge the belief and a third context where the burden lies solely on the inquiring fellow. The notion of default entitlement depicts beliefs falling within this third context and will be elaborated in some detail here. I argue that inferential contextualism permits greater contextual variety than traditional epistemology without collapsing into relativism. (shrink)

The aim of this paper is to provide a case for the double-halfer position in the sleeping beauty. This case relies on the use of the so-called imaging rule for probabilistic dynamics as a substitute for conditionalization. It is argued that the imaging rule is the appropriate one for dealing with belief change in sleeping beauty and that under natural assumptions, this rule results in the double-halfer position.

Malgré l’accent porté sur les aspects publics, ritualistes de la pratique ancienne, les images et les objets grecs attestent des rencontres privées et personnelles avec des dieux. Cet article recourt à la documentation archéologique pour explorer les traits personnels, vécus, de la vie religieuse de l’Athènes attique. Bien qu’elles soient parfois décrites comme des « transactions », le développement des relations personnelles avec les dieux et de la manipulation de choses matérielles semble être l’un des éléments les plus saillants de (...) l’expérience religieuse des Grecs. Cette étude examine la matérialité religieuse et l’attitude dévotionnelle telle qu’elle existait en dehors de systèmes rituels organisés et des espaces sacrés. La documentation grecque suggère que la culture matérielle était « de la religion » sous forme physique et une part des méthodes des dévots pour développer des relations remarquablement intimes avec des figures sacrées dans un processus appelé « dévotionalisme ». Les femmes athéniennes utilisaient un objet commun de la vie quotidienne comme une forme de médium religieux: la tainia (ruban). Les femmes l’employaient dans tous les lieux de leur vie, y compris les maisons, les lieux de fêtes et les sanctuaires. La céramique suggère que les Athéniens ont employé de tels média dévotionnels pour interagir avec les défunts dans les cimetières. (shrink)

The attitudes of women patients with cancer were explored when they were invited to participate in one of three randomised trials that included chemotherapy at two university centres and a satellite centre. Fourteen patients participating in and 15 patients declining trials were interviewed. Analysis was based on the constant comparative method. Most patients voiced positive attitudes towards clinical research, believing that trials are necessary for further medical development, and most spontaneously argued that participation is a moral obligation. Most trial decliners, (...) however, described a radical change in focus as they faced the actual personal choice. Almost no one got an impression of clinical equipoise between treatments in the trials, and most patients expressed discomfort with randomisation. A patient’s choice to participate was mainly determined by whether the primary focus was on treatment effect or on adverse effects. Both knowledge about and feelings towards trials originated mostly from the media, although paradoxically the media were largely seen as untrustworthy. Mistrust was shown towards the pharmaceutical industry, and although most patients originally trusted that doctors primarily pursued the interest of patients, they did not trust the adequacy of doctors or industry in maintaining self-regulation. Thus, public control measures were judged to be essential. (shrink)

On one day in 2009, in 38 countries around the world, 4,000 ordinary citizens gathered to discuss the future of climate policy. This project, 'WWViews', was the first-ever global democratic deliberation - an attempt to enable normal people to reach informed decisions on and impact the global policy process.This book, written by the international practitioners and scholars who facilitated the project, analyses the experiences and lessons from this ground-breaking event. Despite the apparent success of the individual deliberations, the recommendations had (...) little impact within the media or the policy process at Copenhagen. The authors examine these successes and failures, and the challenges and opportunities of such deliberative events. Through this they explore important themes for participatory approaches from the local to the global: the role of deliberation within global governance; methodology and practice; participant selection; policy impacts; engaging the media; how policy culture affects deliberation uptake; capacity building and knowledge transfer; process evaluation; content and argumentation analysis; and gender, race and class aspects.The global aims of the WWViews project, along with the opportunity to evaluate the same process in different national and cultural contexts, makes this a hugely valuable and informative study for all those interested in democratic deliberation and environmental governance from the small to the international scale. (shrink)

Ostracism—being excluded and ignored—thwarts satisfaction of four fundamental needs: belonging, self-esteem, control, and meaningful existence. The current study investigated whether training participants to focus their attention on the here-and-now reduces distress from an ostracism experience. Participants were first trained in either focused or unfocused attention, and then played Cyberball, an online ball-tossing game for which half the participants were included or ostracized. Participants reported their levels of need satisfaction during the game, and after a short delay. Whereas both training groups (...) experienced the same degree of need-threat in the immediate measure, participants who were trained in focused attention showed more recovery for the delayed measure. We reason that focused attention would not reduce the distress during the ostracism experience, but it aided in recovery by preventing participants from reliving the ostracism experience after it concludes. (shrink)

Contemporary decision theory places crucial emphasis on a family of mathematical results called representation theorems, which relate criteria for evaluating the available options to axioms pertaining to the decision-maker’s preferences. Various claims have been made concerning the reasons for the importance of these results. The goal of this article is to assess their semantic role: representation theorems are purported to provide definitions of the decision-theoretic concepts involved in the evaluation criteria. In particular, this claim shall be examined from the perspective (...) of philosophical theories of the meaning of theoretical terms. (shrink)

Means of transportation are changing through advances in automation. One issue to be considered in this development is public opinion regarding these systems, yet existing studies of automated transportation do not provide theoretical or methodological means for exploring public imagination, even though this would be relevant in exploring public acceptance of future technologies. Applied for studying public views on a future automated metro system, a method was devised that includes quantitative and qualitative analysis of media and questionnaire data. Although supportive (...) arguments dominated media discussion, people’s attitudes were negative. The two most prominent models of media influence, repetition and cultural resonance, could not fully explain the results; therefore, public imagination, which reflected daily experiences and science fiction, was explored with reference to social representations literature. It is suggested in general that public imagination, along with media discourses and societal settings that contribute to explanations, should be considered in the design and study of automated systems. It is also discussed that the social representations approach could be beneficial for media frame studies by providing explications as to why certain frames might have or lack cultural resonance. (shrink)

This article examines the Kierkegaard reception of the Danish theologians K. Olesen Larsen and Johannes Sløk, who both understood Kierkegaard as attempting to radically subvert the freedom of the human being. Initially, I show how current Kierkegaard research on the question of subjectivity, freedom and indirect communication differs from the readings of Olesen Larsen and Sløk. Subsequently, and in contrast to this, Olesen Larsen’s somewhat ambivalent attempt to read Kierkegaard as undermining human freedom is presented. Third, I show how Sløk (...) arrives at a somewhat similar result, though in a more coherent way. In conclusion, the article offers a brief discussion on the plausibility of this interpretation. (shrink)

Ever since their invention, photographic images have often been thought to be a special kind of image. Often, photography has been claimed to be a particularly realistic medium. At other times, photographs are said to be epistemically superior to other types of image. Yet another way in which photographs apparently are special is that our subjective experience of looking at photographs seems very different from our experience of looking at other types of image, such as paintings and drawings. While the (...) other seemingly distinctive aspects of photography have been quite thoroughly discussed in the literature, theories of the experience of photography, or in other words, theories of its special phenomenology, are less common. To be sure, the phenomenon has often been pointed out and described, but explanations of the phenomenology of photography are rare. In this essay, I attempt an explanation of at least part of the phenomenology of photography by appealing to the idea, borrowed from André Bazin, that a photograph is a certain kind of trace. Along the way, it is also argued that Kendall Walton's so called “transparency thesis” cannot give a plausible explanation of the phenomenology associated with looking at photographs. (shrink)

“One who elects to serve mankind by taking the law into his own hands thereby demonstrates his conviction that his own ability to determine policy is superior to democratic decision making. [Defendants’] professed unselfish motivation, rather than a justification, actually identifies a form of arrogance which organized society cannot tolerate.” Those were the words of Justice Harris L. Hartz at the sentencing hearing of three nuns convicted of trespassing and vandalizing government property to demonstrate against U.S. foreign policy. Citizens engaging (...) in civil disobedience are indeed at times accused of being arrogant because they apparently think their own political judgment is superior to that of the democratic majority. This paper examines and evaluates the claim that dissenters are epistemically arrogant. Contrary to the dominant viewpoint in the literature, I argue that epistemic arrogance involves inflating the epistemic worth of one’s view. Indeed, the most plausible charge against civil dissenters consists of two claims: (A) civil dissenters have a higher degree of rational certainty in P than is warranted, and (B) civil dissenters use a method of expression that requires a higher level of rational certainty than is warranted in the propositions that their political view is right and the injustice they fight is substantial. I argue that civil disobedience does not necessarily involve epistemic arrogance. Whether an act of civil disobedience evinces epistemic arrogance has to be determined on a case-by-case basis depending on the extent to which each dissenter lives up to (A) and (B). (shrink)

In this paper, we provide a detailed review of previous classifications of 2 × 2 games and suggest a mathematically simple way to classify the symmetric 2 × 2 games based on a decomposition of the payoff matrix into a cooperative and a zero-sum part. We argue that differences in the interaction between the parts is what makes games interesting in different ways. Our claim is supported by evolutionary computer experiments and findings in previous literature. In addition, we provide a (...) method for using a stereographic projection to create a compact 2-d representation of the game space. (shrink)

Scientific perspectivism, or perspectival realism, is a view according to which scientific knowledge is neither utterly objective nor independent of the world “as it is”, but always tied to some particular ways of conceptualization and interaction with Nature. In the present paper, I employ Robert Rosen’s concept of the modeling relation for arguing that there are two basic reasons why our knowledge of natural systems is perspectival in this sense. The first of these pertains to the dualism between a system (...) and its environment, which is necessarily imposed by a scientist focusing on the former. The second pertains to the complexity of complex systems; a complex system understood as a system in which different kinds of causal entailments intertwine together. As I discuss in the paper besides developing the argument, perspectivism thus understood ties together several issues ranging from organicism to emergentism and to processual philosophy, and from the ceteris paribus talk of biology to the measurement problem of quantum mechanics. I also discuss Rosen’s relational formalisms as a concrete example of how perspectival epistemology might directly suggest novel strategies and practices of doing theoretical science. (shrink)

Provides a robust theoretical and methodological framework for researching of resistance and social change.

Dans un environnement organisationnel instable et concurrentiel, l'usage des outils de groupware serait tributaire de la convergence entre, d'une part, les formes de communication permises par ces outils et, d'autre part, les stratégies relationnelles mises en oeuvre pour développer la confiance entre les acteurs. Les pratiques de collaboration qui font appel aux technologies informatiques de travail en groupe dépendraient alors de cette logique d'usage. Une recherche empirique, réalisée dans des entreprises et des centres de recherche de la Silicon Valley, conforte (...) ces hypothèses.In a changing and competitive organizational environment, the use of groupware tools seems to rely on the convergence of the communication allowed by these tools and the relational strategies necessary to develop trust. Consequently, computer supported collaborative practices would depend on this logic of use. Empirical research realised in firms and in research centres in Silicon Valley tends to confirm these hypotheses. (shrink)

What is it to see something in a picture? Most accounts of pictorial experience—or, to use Richard Wollheim’s term, ‘seeing-in’—seek, in various ways, to explain it in terms of how pictures somehow display the looks of things. However, some ‘things’ that we apparently see in pictures do not display any ‘look.’ In particular, most pictures depict empty space, but empty space does not seem to display any ‘look’—at least not in the way material objects do. How do we see it (...) in pictures, if we do? In this chapter, I offer an account of pictorial perception of empty space by elaborating on Wollheim’s claim that ‘seeing-in’ is permeable to thought. I end by pointing to the aesthetic relevance of seeing—or not seeing—empty space in pictures. (shrink)

This interview addresses Andreas Reckwitz’s main work, A Society of Singularities, but puts it in relation to his earlier and later writings. It starts with the strong and broad reception of this work in Germany. Next, it turns to how his understanding of the transformation of the social logics of modernity is related to other sociological understandings. In this way, the crucial distinctions of his work between the general and the particular, between formal rationalisation and culturalisation, are thematised. The next (...) part addresses Reckwitz’s Foucault-inspired concept of critique and his understanding of the relation between theoretical and empirical work. The interview then goes on to the transformation of class structure, which is understood in terms of a culturalisation of inequality. The interview ends with a section about the kind of sufferings and problems that are typical of the present age, and how they might affect social transformation. (shrink)

It is often assumed that there is a hard line between theistic evolution (TE) and intelligent design (ID). Many theistic evolutionists subscribe to the idea that God only acts through natural processes, as opposed to the ID assertion that God, at certain points in natural history, has acted in a direct manner; directly causing particular features of the world. In this article, I argue that theistic evolutionists subscribe to what might be called Natural Divine Causation (NDC). NDC does not merely (...) provide a nonsupernaturalist and noninterventionist model of divine action, it provides a line of demarcation between TE and ID. I make the critique that NDC is philosophically untenable and argue, consequently, that the line between TE and ID is blurred. (shrink)

Pictures let us see what is not there. Or rather, since what pictures depict is not really there, we do not really see the things they are pictures of. Ever since Richard Wollheim introduced the notion of seeing-in into philosophical aesthetics, as part of his theory of depiction, there has been a lively debate about how, precisely, to understand this experience. However, one (alleged) feature of seeing-in that Wollheim pointed to has been almost completely absent in the subsequent discussion, namely (...) that seeing-in allows for non-localization. When looking at a picture, Wollheim says, there is not always an answer to the question of where one sees a certain thing in a picture. If Wollheim is right in this, pictures indeed let us see what is not there: we see things in pictures, but there is no ‘there’ where we see those things. In this paper I argue against Wollheim's claim that object-seeing-in allows for non-localization. But there is, I argue, a pictorial experience, which is closely tied to seeing-in and which is non-localized, namely (what I call) pictorial perceptual presence. (shrink)

Modern social orders are legitimized by the ideal of freedom. Most conceptions of this ideal are theorized against the backdrop of nature understood as governed by its own laws beyond the realm of the social. However, such an understanding of nature is now being challenged by the ‘Anthropocene’ hypothesis. This article investigates the consequences of this hypothesis for freedom as an ideal legitimizing social order. We begin by discussing the conception of legitimation, after which we examine three classical notions of (...) freedom (developed by Hobbes, Kant, and Hegel), in light of the Anthropocene. Following our claim that these notions all have severe weaknesses in view of the Anthropocene, we argue that modern social orders are facing a new legitimation crisis. Such a crisis, we suggest, involves a ‘brutalization of social conflicts’, which under the conditions of the Anthropocene assumes the form of geo-social conflict. (shrink)

This study addresses the Bible as a coping tool in a sample of Swedish practising Christians living with cancer, gathered through a qualitative, in-depth interview study, on religious experiences and expressions that serve in the process of coping with a life situation changed by the disease. Through content analyses, and case studies combining tools from Pargament’s coping theory with, above all, role theory, it is shown that the Bible is a part of the coping process for approximately half of the (...) informants. Furthermore, the Bible plays very different roles in the coping process, even for one single person. In the analyzed material, two different ways of using the Bible in the coping process occurs: Biblical passages as bearer of meaning for the informants, and the actual reading as such of the Bible. The former with two different functions in the coping process: in the Biblical passages, see a direct appeal from God to the individual on a personal level and a specific character in a Bible passage serves as an object of identification for the informant. In the coping process, the Bible provides coping tools for the identified coping methods meditative reading, role taking, and interpretation of biblical passages. As such, it mainly serves within the framework of the preserving comprehensive coping method. It is also shown that there are changes in the use of the Bible in connection with the changed life situation, as a result of the disease. (shrink)

The metaphysical vision of Advaita Vedānta has been making its way into some corners of Western analytic philosophy, and has especially garnered attention among those philosophers who are seeking to develop metaphysical systems in opposition to both reductionist materialism and dualism. Given Vedānta’s monistic view of consciousness, it might seem natural to put Vedānta in dialogue with the growing position of panpsychism which, although not fully monistic, similarly takes mind to be a fundamental feature of reality. This paper will evaluate (...) to what extent Śaṅkara’s monism can bypass the most pressing issues facing panpsychism, namely combination and individuation problems. As will be seen in this paper, while Advaita Vedānta is able to avoid some of the panpsychist problems, it struggles ultimately to ontologically ground illusion in a coherent manner. As a result, a conclusion of this paper is that although Śaṅkara’s vision offers a promising route for those philosophers who take consciousness to be fundamental – including panpsychists – it cannot be uncritically adopted due to the problem of grounding Illusion. (shrink)

This study addresses the psychological functions of physical religious objects in religious coping by presenting case studies on the use of prayer cloths. The cases are selected from a qualitative, in-depth interview study among Swedish practising Christians suffering from cancer, on religious experiences and expressions that serve in the process of coping with a life situation changed by the disease. It is argued that current psychological theories on coping and religion lack tools for understanding the role of physical religious objects (...) in the process of religious coping. A theoretical framework that remedies this problem is suggested and applied to the case studies. The key feature of the theoretical framework is that it modifies and extends the coping theory of Kenneth Pargament by drawing on resources from object relations theory, especially the concept of “transitional object”. The results suggests that the creation and/or handling of transitional objects is a reconstructing or preserving coping method, and that prayer cloths function as transitional objects when they facilitate transition/movement between the inner subjective world and the outer objective world by being charged with significance, and function as a coping tool for conserving this significance. (shrink)

The world is in constant flux—this handy book helps make sense of it. From business cycles to budding trends, models make sense of a world that never stops spinning. The Change Book delivers 52 simple and effective models—each with a visual component—about how change happens. Drawing on myth-busting theories and breakthrough discoveries from thinkers of all stripes, Mikael Krogerus and Roman Tschäppeler, authors of the international bestseller The Decision Book, apply their characteristic wit and knack for the succinct to (...) show what fuels the internet, why empires rise and fall, and why change hurts—but ultimately helps us grow. Whether you’re starting a new job, lobbying for a cause, or wondering how Jesus would invest, The Change Book is your clever guide through transformations in business, culture, technology, relationships, and more. (shrink)

There exists a significant disparity within society between individuals in terms of intelligence. While intelligence varies naturally throughout society, the extent to which this impacts on the life opportunities it affords to each individual is greatly undervalued. Intelligence appears to have a prominent effect over a broad range of social and economic life outcomes. Many key determinants of well-being correlate highly with the results of IQ tests, and other measures of intelligence, and an IQ of 75 is generally accepted as (...) the most important threshold in modern life. The ability to enhance our cognitive capacities offers an exciting opportunity to correct disabling natural variation and inequality in intelligence. Pharmaceutical cognitive enhancers, such as modafinil and methylphenidate, have been shown to have the capacity to enhance cognition in normal, healthy individuals. Perhaps of most relevance is the presence of an ‘inverted U effect’ for most pharmaceutical cognitive enhancers, whereby the degree of enhancement increases as intelligence levels deviate further below the mean. Although enhancement, including cognitive enhancement, has been much debated recently, we argue that there are egalitarian reasons to enhance individuals with low but normal intelligence. Under egalitarianism, cognitive enhancement has the potential to reduce opportunity inequality and contribute to relative income and welfare equality in the lower, normal intelligence subgroup. Cognitive enhancement use is justifiable under prioritarianism through various means of distribution; selective access to the lower, normal intelligence subgroup, universal access, or paradoxically through access primarily to the average and above average intelligence subgroups. Similarly, an aggregate increase in social well-being is achieved through similar means of distribution under utilitarianism. In addition, the use of cognitive enhancement within the lower, normal intelligence subgroup negates, or at the very least minimises, several common objections to cognitive enhancement. Subsequently, this paper demonstrates that there is a compelling case for cognitive enhancement use in individuals with lower, normal intelligence. (shrink)

This article addresses two great global challenges of the 2020s. On one hand, the accelerating climate crisis and, on the other, the deepening crisis of representation within liberal democracies. As temperatures and water levels rise, rates of popular confidence in existing democratic institutions decline. So, what is to be done? This article discusses whether sortition – the ancient Greek practice of selecting individuals for political office through lottery – could serve to mitigate both crises simultaneously. Since the 2000s, sortition has (...) attracted growing interest among activists and academics. Recently it has been identified in countries like the UK and France as a mechanism for producing legitimate political answers to the climate challenge. However, few theoretical reflections on the potentials and perils of sortition-based climate governance have yet emerged. This article contributes to filling the gap. Based on a critique of the first successful case of sortition used to enhance national environmental policy – in Ireland in 2017–18 – we argue that sortition-based deliberation could indeed speed up meaningful climate action whilst improving the health of democratic systems. However, this positive outcome is not preordained. Success depends not only on green social movements getting behind climate sortition but also on developing flexible, context-specific designs that identify adequate solutions to a number of problems, including those of power ; expertise ; and participation. (shrink)

In this article, I call into question the relevance of emergence theories as presently used by thinkers in the science–religion discussion. Specifically, I discuss theories of emergence that have been used by both religious naturalists and proponents of panentheism. I argue for the following conclusions: (1) If we take the background theory to be metaphysical realism, then there seems to be no positive connection between the reality of emergent properties and the validity of providing reality with a religious interpretation, though (...) one could perhaps construe an argument for the positive ontological status of emergence as a negative case for a religious worldview. (2) To be considered more plausible, religious naturalism should interpret religious discourse from the perspective of pragmatic realism. (3) Panentheistic models of divine causality are unable to avoid ontological dualism. (4) It is not obvious that emergent phenomena and/or properties are nonreducible in the ontological sense of the terms; indeed, the tension between weak and strong emergence makes it difficult for the emergentist to make ontological judgments. My general conclusion is that the concept of emergence has little metaphysical significance in the dialogue between science and theology. (shrink)