This article examines how employees form their perceptions of managerial responsibility in a concrete organizational setting. Drawing on negotiated order theory, it shows that these perceptions are the result of complex processes of social construction and negotiation, rather than the application of predetermined ethics models or norms. Employees’ perceptions appear to be unstable; they are subject to constant alterations, fluctuating with the organizational circumstances, and are likely to create considerable organizational perturbations, especially when managers make complex and ambiguous (...) decisions. This process is illustrated through an ethnographic study that analyzed the evolution of employee perceptions during a three-year crisis—one that led managers to repeatedly postpone salary payments to save jobs. The process approach adopted by the study highlights important dynamics that traditional business ethics approaches overlook, such as the fragility of the construct of managerial responsibility, which cannot be coherent unless it is constantly renegotiated among an organization’s various employee groups. (shrink)

Ethics consultation at the bedside has been hailed as a better way than courts and ethics committees to empower patients and make explicit the value components of treatment decisions. But close examination of the practice of ethics consultation reveals that it in fact risks subverting those ends by interpolating a third (expert) party into the doctor-patient encounter. In addition, the practice of bioethics through consultation does the broader cultural work of fashioning a shared moral order in the face of (...) manifestly plural individual commitments. In doing so, however, bioethics furthers medicine's position as a privileged domain of public moral discourse in contemporary American society. (shrink)

This book argues that there is a strong normative argument for using the criminal law as a primary response to corporate crime. In practice, however, corporate crimes are rarely dealt with through criminal sanctioning mechanisms. Rather, the preference – for both prosecutors and corporates – appears to be on negotiating out of the criminal process. Reflecting this emphasis on negotiation, this book examines the use of Civil Recovery Orders and Deferred Prosecution Agreements as responses to corporate crime, and discusses a (...) variety of UK case studies. Drawing upon legal and criminological backgrounds, and with an emphasis on the conceptual frameworks of ‘negotiated justice’ and ‘legitimacy’, the authors examine the law, policy and practice of these enforcement responses. They offer an original, theoretically-informed analysis which is accessible to practitioners and researchers. (shrink)

In previous work, we have developed the idea that, in some disputes, speakers appear to use (rather than mention) a term in order to put forward views about how that term should be used. We call such disputes “metalinguistic negotiations”. Herman Cappelen objects that our model of metalinguistic negotiation makes implausible predictions about what speakers really care about, and what kinds of issues they would take to settle their disputes. We highlight a distinction (which we have emphasized in prior (...) work) between the question of which disagreements speakers have vs. which disagreements are immediately expressed in a given linguistic exchange. Once this distinction is clear, we can appreciate that speakers who are engaged in a metalinguistic negotiation (where certain issues in conceptual ethics are immediately expressed) can also disagree about other issues, including both other issues in conceptual ethics and “object-level” issues that aren’t about words or concepts. In many metalinguistic negotiations, speakers (we think correctly) care more about these other issues than they do about ones concerning the meaning of a word. Because of this, Cappelen’s objection fails to identify any data that challenge our model. (shrink)

Although the Internet is frequently referred to as a global public resource, its functioning remains predominantly controlled by private actors. The Internet brought about significant shifts in the way we conceptualize governance. In particular, the handling of “big data” by private intermediaries has a direct impact on routine practices and personal lives. The implementation of the “right to be forgotten” following the May 2014 decision of the Court of Justice of the European Union against Google blurs the boundaries between the (...) public and the private, and extends the responsibilities of the latter to court-style decision making. This article analyzes the regulatory developments in this area and the implications of outsourcing of important governance practices to private intermediaries. It looks at the decision-making process for the “right to be forgotten” to illustrate the extent to which the hybridization of such procedures results in new arrangements between public and private ordering in Internet governance. (shrink)

Negotiation research primarily focuses on negotiators? interests in order to understand negotiation and offer advice about the prospective outcome. Win-win outcomes, i.e., outcomes that serve the interests of all negotiating parties, have been established and promoted as the ultimate goal for any negotiation situation. We offer a perspective that draws on Aristotle's philosophical program and discuss how the outcome is not defined by the parties? interests, but by the intersubjective validity of claims, which can essentially be treated as representative (...) of the ?truth.? (shrink)

In economically meaningful interactions negotiations are particularly important because they allow agents to improve their information about the environment and even to change accordingly their own characteristics. In each step of a negotiation an agent has to emit a message. This message conveys information about her preferences and endowments. Given that the information she uses to decide which message to emit comes from beliefs generated in previous stages of the negotiation, she has to cope with the uncertainty associated with them. (...) The assessment of the states of the world also evolves during the negotiation. In this paper we analyze the intertwined dynamics of beliefs and decision, in order to determine conditions on the agents that allow them to reach agreements. The framework for decision making we consider here is based on defeasible evaluation of possibilities: an argument for a choice defeats another one if it is based on a computation that better uses all the available information. (shrink)

In post-Gricean pragmatics, communication is said to be successful when a hearer recovers a speaker’s intended message. On this assumption, proposals for ‘what is said’ – the semantic, propositional meaning of a speaker’s utterance – are typically centred around the content the speaker aimed to communicate. However, these proposals tend not to account for the fact that speakers can be deliberately vague, leaving no clear proposition to be recovered, or that a speaker can accept a hearer’s misconstrual even though the (...) speaker didn’t intend it. In such cases, identifying ‘what is said’ is more contentious, even though communication is arguably no less successful. Building on recent interactionist approaches to meaning, this chapter offers a proposal for ‘what is said’ that can account for cases of ‘imperfect’ communication in which the recovery of a speaker’s intention goes awry. This involves taking ‘what is said’ as the co-constructed meaning that the speaker and hearer jointly agree on, giving ‘grounded meanings’ – those mutually and manifestly accepted into the discourse by speaker and hearer – higher precedence in a theory of communication than simply the speaker’s intended meaning. In such cases, rather than speaker and hearer converging at the level of explicit utterance content, communication is expected to be successful as long as the hearer recovers a proposition which is compatible with the speaker’s higher-order discursive goal. The hearer’s uptake is then allowed to override the content of the speaker’s intended meaning in the process of negotiating ‘what is said’. (shrink)

Traditional courtship norms delineate distinct gendered behaviors for men and women based on the model of a dominant, breadwinning male and a passive, dependent female. Previous research shows, however, that as women have increased their access to earned income, there has been a rising ideological and behavioral commitment to egalitarian relationships. Drawing on in-depth interviews with 38 college-educated women, this article explores how women negotiate these seemingly contradictory beliefs in order to understand how and why gendered courtship conventions persist (...) even as heterosexual romantic relationships become more egalitarian. My findings show that while the women reference essentialist beliefs about men’s “nature” to explain their commitment to courtship conventions, they draw on narratives of choice, individualism, and personal autonomy to assert that the symbolic gendering of courtship will not interfere with their desire for an egalitarian marriage. However, women’s behaviors and narratives reinforce notions of gender difference, potentially providing support for other forms of gender inequality. (shrink)

This article argues that localizing access – a general ethical principle – is a workable strategy that can be used in approaching participants in qualitative research across disciplines and in coping with respective institutional practices in order to collect meaningful data. This article is based on the autobiographical, lived experiences of the authors during the period of their data collection in Cameroon in 2013 and 2015, by the second and first author, respectively. Therefore, generalization across a broader context is (...) somewhat restricted, and a closer analysis of specific cultural and situational realities is needed. The article addresses two main objectives, that is, to identify factors that inhibit and factors that facilitate access to individuals and institutions. To this end, the article employs self-reflexivity and provides valuable explanations on the workability of applying skills of negotiating access in a local cultural context. (shrink)

Despite the proliferation of specialised agencies designed to reduce the prevalence of refugees worldwide, the number of individuals fleeing persecution is increasing year on year as endemic violence in countries such as Iraq, Somalia and the Syrian Arab Republic continues. As a result, media broadcasts and political dialogues are saturated with discussions about these “persons of concern”. Fundamental questions nonetheless remain unanswered about what meaning these actors attribute to the label ‘refugee’ and what intent, other than paucity of knowledge, might (...) be driving the term’s use or manipulation. Though this is evidently important in the public arena, where incorrect conflations fuel mistrust and misunderstandings, the ramifications of these divergent understandings at the level of multi-lateral politics have yet to be critically explored. This article applies Barthes’ theory of the multiple orders of the sign to address this. Using the case study of the negotiations preceding the invocation of the Cessation Clause for Rwandan refugees, it illustrates how the word refugee is susceptible to numerous, simultaneous understandings, and discusses the implications of these manifold interpretations for how durable solutions are envisaged and negotiated in the refugee regime. In the case of Rwandan refugees in Uganda, this has meant that over a decade of stalemated discussions between the Governments of Uganda and Rwanda and the United Nations High Commissioner for Refugees over their future have been broken by a series of bilateral concessions that, whilst diminishing the political significance attached to this protracted caseload, have failed to address the continuing precarity of their situation. By conceptualising the word refugee as a sign according to the Saussurean model of semiotics, this paper therefore argues that despite the term’s established legal-normative definition, its inherent malleability makes it susceptible to processes of political instrumentalisation. This elevates the refugee as a rhetorical figure above the refugee as a physical-legal body entitled to certain forms of assistance. (shrink)

In 2004, twelve capuchin monkeys were moved from the labs of the Danish psychiatric hospital of Sankt Hans to a small private-owned zoo in another part of Denmark in order to be rehabilitated. These monkeys were the last nonhuman primates to be used as research animals in Danish biomedical laboratories. The normal procedure would be to kill research animals after the termination of an experiment; in this case, however, a decision was reached to close down the lab. The moral (...) landscape had changed, and it was no longer considered acceptable to use nonhuman primates in Danish biomedicine. From being considered a biological resource serving as a model of man, the monkeys had become moral subjects with a claim to a life suiting their natural needs. Simultaneously, the monkeys became instrumental in creating moral legitimacy for the actors involved in their rescue. What we see is an instance of pathfinding in a changing moral landscape where actors negotiate nonhuman primate nature as they create new moral positions for themselves. (shrink)

Before the EU General Data Protection Regulation entered into force in May 2018, we witnessed an intense struggle of actors associated with data-dependent fields of science, in particular health-related academia and biobanks striving for legal derogations for data reuse in research. These actors engaged in a similar line of argument and formed issue alliances to pool their collective power. Using descriptive coding followed by an interpretive analysis, this article investigates the argumentative repertoire of these actors and embeds the analysis in (...) ethical debates on data sharing and biobank-related data governance. We observe efforts to perform a paradigmatic shift of the discourse around the General Data Protection Regulation-implementation away from ‘protecting data’ as key concern to ‘protecting health’ of individuals and societies at large. Instead of data protection, the key risks stressed by health researchers became potential obstacles to research. In line, exchange of information with data subjects is not a key concern in the arguments of biobank-related actors and it is assumed that patients want ‘their’ data to be used. We interpret these narratives as a ‘reaction’ to potential restrictions for data reuse and in line with a broader trend towards Big Data science, as the very idea of biobanking is conceptualized around long-term use of readily prepared data. We conclude that a sustainable implementation of biobanks needs not only to comply with the General Data Protection Regulation, but must proactively re-imagine its relation to citizens and data subjects in order to account for the various ways that science gets entangled with society. (shrink)

This paper examines the overwhelming desire of transnational adoptees to establish a connection with their origins in order to both come to terms with the past and develop an understanding of their identity. It considers the ethical ramifications of the commodification of human bodies. It is suggested that the idea of displacement is most helpful in approaching questions of transnational adoption. In this way, we can look at transnational adoption as a 'beginning' - one that disappears into the present (...) moment, becoming the constitutive reality underlying Derrida's concern with displacement - rather than its origin. For, what does the quest for a return to the point of origin entail? Transnational adoptees, when they embark on the journey of reclaiming their past, of coming to terms with their sense of loss, realise that there is no simple comfort in returning - that they are inevitably caught in the two worlds in which they co-exist. It is through this recognition of the traces that are contained in them, through this displacement, that they are able to negotiate identity. (shrink)

This book is the result of intensive and continued discussions about the social role of language and its conceptualisations in societies other than Northern (European-American) ones. Language as a means of expressing as well as evoking both interiority and community has been in the focus of these discussions, led among linguists, anthropologists, and Egyptologists, and leading to a collection of essays that provide studies that transcend previously considered approaches. Its contributions are in particular interested in understanding how the attitude of (...) the individual towards societal processes and strategies of norming is negotiated emotionally, and how individual interests and attitudes can be articulated. Discourses on public spaces are in the focus, in order to analyse those strategies that are employed to articulate dissent (for example, in the sense of face-threatening acts). This raises a number of questions on the spatial and public situatedness of emotions and language: How is the public space dealt with and reflected in language as property, heritage, and as a part of ascribed identities? Which role do emotions play in this space? How is emotion employed there as part of place making in relation to identity constructions? What is the connection between emotion, performance and emblematic spaces and places? Which opportunities of the violation of norms and transgression do such public spaces offer to actors and speakers? These questions intend to address the communicative representation of core cultural processes and concepts. (shrink)

This paper is based on my understanding and analysis of a number of ideas related with the body with the sole intention of over viewing the diverse understanding of the body and its functioning. Buddhaghosa’s understanding of the body seems to be negative to many. I have viewed the body from the perspective of Buddhaghosa within his work The Path of Purification. Buddhaghosa points out the reality of the body and its underlying foulness and the human tendency to camouflage its (...) foulness under the veil of superficial make up, which are altogether temporary by nature. I will also be dealing with the concept of donation of the body, from the perspective of the Buddhist school of thought. (shrink)

Open peer commentary on the article “Negotiating Between Learner and Mathematics: A Conceptual Framework to Analyze Teacher Sensitivity Toward Constructivism in a Mathematics Classroom” by Philip Borg, Dave Hewitt & Ian Jones. Upshot: Borg et al. argue that there is a Mathematics-Negotiation-Learner structure that can be used as a conceptual framework in order to evaluate the application of radical constructivism in teaching. This structure assumes a coherent consensual domain that is the mathematics being negotiated. However, there are at (...) least four different consensual domains that make up mathematics. The mathematics that is the consensual domain in an RC classroom has distinct features that are designed to support the student’s construction of mathematics. (shrink)

In this paper I utilize anthropological insights to illuminate how health professionals and patients navigate and negotiate what for them is social about tuberculosis in order to improve treatment outcomes and support patients as human beings. I draw on ethnographic research about the implementation of the DOTS approach in Georgia’s National Tuberculosis Program in the wake of the Soviet healthcare system. Georgia is a particularly unique context for exploring these issues given the country’s rich history of medical professionalism and (...) the insistence that the practice of medicine is a moral commitment to society. I argue for critical attention to the ways in which treatment recipients and providers navigate what, for them, is “social” about therapeutic practices and their significance for avoiding biological and social reductionism. (shrink)

When trust is broken, how should we determine who is at fault? Previous discus- sions of broken trust typically attribute the fault to trusters who place trust foolishly or trustees who act in an untrustworthy manner. These discussions take for granted the ability of the truster and trustee to communicate and understand the boundaries of what is being entrusted, that is, the domain of trust. However, the boundaries of entrusted domains are not always clear to either party which can result (...) in broken trust despite the best efforts of both truster and trustee. In this paper, I argue that deter- mining who to blame when trust is broken is a messy affair in which disagreements over fault regularly arise. I introduce three features of trust domains that take center stage in negotiations regarding who is at fault when trust is broken: scope, rigidity and ordering. (shrink)

Are human rights negotiable? Jacques Derrida argued that it is necessary to negotiate the nonnegotiable to save the nonnegotiable. This paper defends this claim while arguing for what Calvin Schrag called an ethics of the fitting response and finding such a response in Amartya Sen’s realization-focused comparative approach to justice. For Derrida, the aporetic character of urgency produces decisions which must be made outside the institutional limits of decision theory. That calls for a deconstruction of the axiomatics of rights in (...) institutional settings. It also makes urgent the need for a deinstitutionalized ethics undeceived by the challenge of making judgments in aporias. Using Ted Honderich’s humanism as counterfoil, the argument moves through Derrida’s concept of "contradictory coherence" to Schrag’s transverse rationality, which thinks with deconstruction in order to think against its negative outcomes. The paper ends by suggesting that Schrag's communicative praxeology forges an ethics compatible with Sen’s threshold conditions to determine rights through freedoms. (shrink)

The image and imagining of culture are highly dependent on what we perceive, choose and institutionalize as art, as one of the building bricks in culture’s conception. As approved commodity with literally transcendent powers, art, thus incomparable and beyond any other kind of good, succeeded in serving an entire, increasingly globalized art world. Negotiating the absent, in this regard, is the wish for and the enactment of a system of transfiguration beyond the trivial of the good, encountering the “tracing” of (...) creation. In this context, mechanisms of institutionalization within the structures of the art industry, as we are facing it nowadays, are the essential vehicle of these negotiations. Hence, in the present essay, that system and its structures of enforcement of artistic positions and discourse shall be denominated in order to comprehend the status of shock as subject and artistic as well as societal form which equally has found entrance to the negotiations of common “consecration” within the by now global “Kunstbetrieb.”. (shrink)

Abstract:Analyzes the ways in which the queer Latinx experience is permeated by the processes of political struggle that each nation has gone through since the beginning of Cold War. In this endeavor, the essay considers how such struggles have engendered gestures that link individuals through a kind of kinship—one that needs no words in order to act as a resistance platform. Therefore, the essay traces how queer people in Puerto Rico, Nicaragua, Cuba, Venezuela, and the Ecuadorian diaspora negotiate with (...) power; whether they do it by pushing a political agenda, or by turning to silence in order to deceive their oppressors. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Negotiating Maternal IdentityAdrienne Rich’s Legacy for Inquiry into the Political-Philosophical Dimensions of Pregnancy and ChildbirthCandace JohnsonGiving birth has been described as the crossing of an imaginary threshold, which separates an independent maternal self from some sort of dual or subordinate existence. The metaphor of a border has also been employed to demonstrate this transformation, which may be liberating, oppressive, or some complex combination thereof (Weir 2006; Martinez 2004). What (...) happens, in psychic and sociopolitical terms, in the journey across this border? Can a woman, as an independent, autonomous being, preserve her identity, her selfhood as a mother? Is the transition to motherhood an expression of culture or nature? The answers to these questions are infinitely complex, yet are at the core of philosophical, political, and personal explorations of the maternal. Central to these explorations are academic critiques and personal responses to the biomedical mediation of the transition to motherhood. For some women, medical intervention in pregnancy and childbirth is inherently oppressive, whereas for other women such intervention is a marker of privilege. In a groundbreaking volume published in 1998, Margaret Lock and Patricia Kaufert argue that women respond to different biomedical interventions in pragmatic ways, which reflect their lived experiences. They claim that “it is more appropriate to understand women’s responses in medical settings as reflecting their daily experiences as part of a domestic group, a community, or a society” (19). [End Page 65]I would like to advance this analysis by suggesting that women respond to biomedical intervention in pregnancy and childbirth in ways that reflect not simply their practical needs and realities, but important details about inequality and identity. Women’s relative degrees of power and agency in society are expressed through their preferences for care during pregnancy and childbirth. In addition, and in connection with the (structural) dynamics of inequality, these preferences reflect the complexities of shifting, negotiated, maternal identities. In order to consider the ways in which women negotiate maternal identity through their preferences concerning care during pregnancy and childbirth, I will examine the contributions of Adrienne Rich, which effectively serve as the foundation for this and countless other areas of women’s and gender studies. In Of Woman Born, Rich dedicates two full chapters to childbirth, and explains in these chapters that the institution of childbirth has come to dominate and eclipse women’s experiences. Moreover, the patriarchal circumscription of childbirth is reinforced by the isolation of childbirth (and motherhood) from other life events. Rich demonstrates these problems through the metaphor of “giving birth to oneself ” (29), which has (at least) two distinct meanings: self actualization and self replacement.My investigation into these meanings will include an examination of Rich’s philosophical treatment of pregnancy and childbirth and an assessment of the sociopolitical implications of both conceptions of “giving birth to oneself.” I will then subject these conceptions to empirical testing, as Rich insists. Such empirical testing is crucial because the social and political dimensions of the institutions of childbirth and motherhood are complex and differ from one context to the next. Rich explains that[t]o hold power over others means that the powerful is permitted a kind of short-cut through the complexity of human personality. He does not have to enter intuitively into the souls of the powerless, or to hear what they are saying in their many languages, including the language of silence. Colonialism exists by virtue of this short-cut—how else could so few live among so many and understand so little?(65)This essay will avoid a similar shortcut often taken by theorists, which builds philosophical arguments without empirical support. The empirical cases to be considered in the context of philosophical debate include Canada, Honduras, and Cuba, and details of each case will be drawn from extensive interview data from a larger empirical study.1 In the Canadian context, resistance to the constraining effects of motherhood as institution is reduced to resistance to medical regulation of pregnancy and childbirth. The benefit indicated by this resistance is that women have found ways to expand their range of options and reinterpret the birthing event, thereby integrating it into other realms [End Page 66... (shrink)

I examine the relationship that obtains between the work of Derrida and Rawls, not least because of the conviction that Derrida (and post-structuralism more generally) offers certain invaluable things to political thought that analytic political philosophy would do well to take account of, particularly as concerns the relation between time and politics. In Derrida’s case, his emphasis on the radical difference of the future, the ‘to come’, serves as a guardrail against political absolutisms of all sorts. On his view, when (...) the future is thought of as known or susceptible of teleological prediction, this tends to lead to what might be rhetorically called outbreaks of either Fascism or Communism (albeit initially non-organised, non-systematised, and without direct state complicity) in which that future state of affairs can justify the violent means needed to get there. Derrida’s many and varied arguments about the way in which the future disrupts the present, and has its impact upon the present, without itself being capable of coming to any kind of definitive presence, precludes this move. His quasi-transcendental emphasis on the importance of time and futurity to any understanding of the political is also useful when employed as a critical tool to examine analytic political philosophy: it highlights that this tradition is often either atemporal in its calculations, or relies upon references to intuition (and ‘commonsense’) in more or less obvious ways, both tendencies which deserve be subjected to critical scrutiny for their tacit alignment with a conservatism that wants to preserve the status quo. But the argument that I propose is not simply that figures like Derrida are able to show us the presuppositions and problems with analytic political philosophy and with Rawls’ work in particular. On the contrary, although philosophers like Derrida and Deleuze acknowledge the necessity of political calculation, it is also the case that it is vastly under-thematised in their work. Utilitarianism and liberalism offer two sustained and important attempts at providing such a calculation and it seems to me that a rapprochement of these traditions is required, fleshing out the kinds of political calculations that might better respect the significant moral insight at work in post-structuralism. In order to point to the need for such a political philosophy, this essay highlights some problems with Rawls and Derrida’s two competing ways of treating the political, juxtaposing Rawls’ insistence upon the calculable and narrower understanding of the political against (or, more aptly, in apposition with) the Derridean focus upon the incalculable. (shrink)

This article argues that, despite its reputation as a homogenising and authoritarian system, the political thought of Bernard Bosanquet contains resources with which to develop a robust and culturally sensitive model of liberal multiculturalism. Throughout the discussion, Bosanquet's thought is located within contemporary theoretical debates. The first section rehearses the critique of Millian liberalism developed by Bhikhu Parekh and others, which alleges that the considerations of individuality and autonomy underlying such a political order preclude it from showing adequate respect (...) for cultures which do not conceive of personal identity in essentially individualistic terms. The next section sketches Bosanquet's social theory, as a preclude to the rebuttal of allegedly insurmountable barriers to the theory's accommodation of cultural diversity. Specifically, section three counters the objection that Bosanquet sanctions the imposition of internal restrictions on personal dissent. The final section rebuts the claim that a General Will cannot exist within a culturally diverse society, showing that in reality Bosanquet's theory leads us to endorse the ‘fundamental beliefs’ of a multi-ethnic society outlined recently in the Parekh Report. It is concluded that, when drawing on Bosanquet's thought, a liberal multicultural society can take different forms and yet still show proper respect for cultural diversity. (shrink)

This article argues that, despite its reputation as a homogenising and authoritarian system, the political thought of Bernard Bosanquet contains resources with which to develop a robust and culturally sensitive model of liberal multiculturalism. Throughout the discussion, Bosanquet's thought is located within contemporary theoretical debates. The first section rehearses the critique of Millian liberalism developed by Bhikhu Parekh and others, which alleges that the considerations of individuality and autonomy underlying such a political order preclude it from showing adequate respect (...) for cultures which do not conceive of personal identity in essentially individualistic terms. The next section sketches Bosanquet's social theory, as a preclude to the rebuttal of allegedly insurmountable barriers to the theory's accommodation of cultural diversity. Specifically, section three counters the objection that Bosanquet sanctions the imposition of internal restrictions on personal dissent. The final section rebuts the claim that a General Will cannot exist within a culturally diverse society, showing that in reality Bosanquet's theory leads us to endorse the ‘fundamental beliefs’ of a multi-ethnic society outlined recently in the Parekh Report. It is concluded that, when drawing on Bosanquet's thought, a liberal multicultural society can take different forms and yet still show proper respect for cultural diversity. (shrink)

Global clinical trials depend on a range of standards in order for research results to be comparable. As standardization is more than a mere technical exercise, tensions can arise when things are not uniform. This paper uses empirical data from interviews with principal investigators as well as Clinical Research Organization and pharmaceutical industry representatives working in India’s clinical trial industry to critically examine the ways Indian researchers navigate quests for standardization. It turns the analytical lens to the often obfuscated (...) work of standardization aiming to transcend the biological and cultural specificity of research participants and research sites. Drawing on the concept of local biologies, it illustrates that the universal body presumed by clinical trial methodology is, in fact, a specifically Euro-American one: Indian participants not only need to be made globally comparable but also aligned with the drugs’ future consumers. Focusing on the tensions between biomedicine’s postulation of bodily universality and trial participants’ local biologies, this paper advances recent interventions problematizing the structural violence undergirding global clinical trials. It also contributes to the literature on local biologies in its discussion of how these are negotiated in Indian for-profit clinical trials. (shrink)

This article generates an affective hermeneutics of the political. The research question, What is feeling political? is, at first, refined through the oeuvre of political theorist Simone Weil, whose focus on experience, involvement and attention highlights the role of sentience in political life. The inescapable normativity of Weil’s texts calls for an alternative approach to the question at hand, one that acknowledges the inevitability of the phenomenon of feeling political. In order to produce such an approach, the realm in (...) which said phenomenon occurs is spatialized as an indefinite series of rhizomatic affective atmospheres in which the negotiation of one’s involvement, resistance, association, and isolation prompts a variety of orientations. The work of Lauren Berlant is subsequently considered as a means to stress the interplay between noise and ambience on one hand, and the notions of citizenship and community on the other. Ultimately, a reflection inspired by Gilles Deleuze and Félix Guattari emphasizes the humanist undertone of this investigation, reposing the question of feeling political as an ontological query. (shrink)

This article investigates the uneasy process of integrating midwifery’s alternative, women-centered model of childbirth care within the medically-dominated healthcare system in Canada. It analyses the impure processes of rhetorical identification and differentiation that characterized the debate about how to regulate midwifery in Ontario by examining a selection of submissions from diverse health care groups with vested interest in the debate’s outcome. In divergent ways, these groups strategically appeal to the value of the “public interest” in order to advance professional (...) concerns. The study considers the implications of this rhetorical process for re-defining midwifery’s distinctive professional identity in relation to other health professions, to the state, and to the women for whom midwives care. Likewise, it suggests the relevance of rhetorical analysis for understanding the discursive formation and re-formation of health models, values, and professions in Western culture. (shrink)

Changes in the foundations of the negotiability of deeds took place in Jewish law in Christian Spain towards the end of the thirteenth century and in the fourteenth century. During the twelfth and thirteenth centuries, sages there adopted the legal tradition that had been shaped in Muslim Spain and North Africa in the eleventh and twelfth centuries. This was a direct continuation of the tradition of the Geonim in Babylon of the ninth to the eleventh centuries, and was based on (...) Talmudic law. According to this tradition, a creditor could sell a loan deed, which is a necessary condition for the possibility of developing a negotiable bill, but two other decrees significantly impeded the emergence of the negotiable bill: one was the rule enabling a lender who sold the deed to forgive the debt, and the other was the requirement of a bill of sale in order to transfer ownership of the loan deed. In the kingdom of Catalonia, the famous scholar Rashba stood at the forefront of the changes, blocking the forgiveness of a debt by a lender who sold a deed of the types: "to the lender and to whom he has empowered," and "to lender or bearer." Both deeds resemble the "pay to order" promissory note in English law. However, there is no evidence of modern negotiable instruments, where the transferee as a holder in due course obtains a bill without defects and with almost no direct links to the transferor. Rashba’s and his followers’ position appears consistent with the economic reality in the region of Catalonia and its capital city of Barcelona as a result of the transformation of the kingdom into a Mediterranean empire. Changes in the kingdom of Castile were hesitant and focused on easing the transferability of deeds by adding special clauses. Harosh ruled in the case of a deed "to lender and whom he has empowered" or a deed "to lender or bearer" that the lender/seller can forgive the debt to the borrower after the sale of the deed, rejecting the innovation of Rashba, his contemporary in Catalonia. Thus, the legal tradition in Castile, a powerful landlocked country, failed to make significant progress toward negotiability at that time, perhaps, unlike Catalonia, because of a lack of economic pressure to do so. (shrink)

Over the past decade artists have increasingly turned to science in order to investigate technology’s effect. The move from hardware-based technologies to live organisms as media, raises ethical issues that the broader art community is addressing. This paper tracks the history of instrumental disengagement to determine when and how the gradual codification of life contributed to the eventual use of live organisms in art practice.

Using a simulated two-party negotiation, we examined how trustworthiness and power balance affected deception. In order to trigger deception, we used an issue that had no value for one of the two parties. We found that high cognitive trust increased deception whereas high affective trust decreased deception. Negotiators who expressed anxiety also used more deception whereas those who expressed optimism also used less deception. The nature of the negotiating relationship (mutuality and level of dependence) interacted with trust and negotiators’ (...) affect to influence levels of deception. Deception was most likely to occur when negotiators reported low trust or expressed negative emotions in the context of nonmutual or low dependence relationships. In these relationships, emotions that signaled certainty were associated with misrepresentation whereas emotions that signaled uncertainty were associated with concealment of information. Negotiators who expressed positive emotions in the context of a nonmutual or high dependence relationship also used less deception. Our results are consistent with a fair trade model in which negotiator increases deception when contextual and interpersonal cues heighten concerns about exploitation and decrease deception when these cues attenuate concerns about exploitation. (shrink)

This article proposes an analysis of the social process of unsilencing in the specific context of heterosexual relationships. Unsilencing is the process in which an individual woman becomes empowered to the extent of voicing what is silenced by structural hierarchies that shape her experiences of the heterosexual relationships she is involved in. I connect the process of unsilencing to the sociological notion of “negotiated order” and a feminist notion of the self as fragmented and continually changing. Unsilencing is (...) conceived as a response to power operating on three levels: emotional connection that empowers a contesting meaning structure; a process of distancing that empowers the individual in overcoming positioning processes; and an increased sense of authenticity in relation to the set of emotional management, language and beliefs embedded in the contesting meaning structure. (shrink)

In this article, we examine patterns of negotiation in multi-party decision making in social work. We draw on Strauss’ theory of negotiated order and a discourse analytical approach, seeking to gain insight into the complex accomplishment of making a decision in an inter-professional and multi-party setting. Working with data from 97 team meetings in a social work setting, we identify two patterns of negotiation in talk: expanding and postponing. ‘Expanding’ covers a group of interactional actions involving turn-taking and (...) closure, while ‘postponing’ includes a group of actions whereby assessments or topics are avoided or made irrelevant. Both are examples of the complex ways in which team members negotiate both the institutional order and the decision to be made in the specific case in situ. (shrink)

In a series of recent papers beginning with their “Splitting a difference of opinion: The shift to negotiation” Jan Albert van Laar and Erik Krabbe claim that it is sometimes reasonable to shift from a critical discussion to a negotiation in order to settle a difference of opinion. They argue that their proposal avoids the fallacies of bargaining and middle ground. Against this permissive policy for shifting to negotiation, we argue that the motivating reasons for such shifts typically fail, (...) and that the permissive policy avoids neither fallacy while structurally incentivizing two types of strategic maneuvering that constitute rational and argumentative hazards: argumentative overcharge and abandonment of discussion. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 63.3 (2002) 425-446 [Access article in PDF] Giving Orders: Theory and Practice in the Fundamental Constitutions of Carolina Vicki Hsueh Indians. Of Edisto Ashapo and Combohe to the South our friends. Of Wando Ituan Sewee and Sehey to the north came to our assistance and were zealous and resolute in it 1000 bowmen In our want supplied us. Q. Spaniards. What we shall (...) doe to the Spaniards if we invade them we brake the peace, if we sit still we loose our reputation with the Indians our friends. Westoes. Inland man eaters. Country. To the northward more sickly, about Ashley River fertile and of a wonderful growth. Tatchequea. A very fruitfull Country 8. days jorney by the North west the Emperor our friend and enemy to the Westoes and to hard for them. Q. Settlem't. 500 people will secure the settlement 1000 perfect it. desires supplys of necessarys till that time Excerpt from Carolina Memoranda in the handwriting of John Locke, Esq., 15 September 1670 Within the last decade, scholars such as James Tully, Barbara Arneil, and Bhikhu Parekh have performed a crucial intervention on modern constitu-tionalism's behalf. 1 Not only has constitutionalism in the modern age been [End Page 425] plagued by assumptions of cultural uniformity and an on-going inability to adjudicate between competing cultural claims, but it has been unable effectively to diagnose those limitations and dilemmas. The root of the problem, James Tully suggests, is ultimately a matter of historical perspective. "[T]he tendency," he writes, "is not to notice the philosophical and ideological debates over the last three hundred years... only the result of these debates is seen—the victorious modern language of constitutional uniformity—and claims for recognition are viewed through its framework as if it were impartial and universal." 2 In response Tully and others have sought to tackle this predicament at its historical root. Identifying modern constitutionalism's colonial origins as a significant part of the problem, their studies address the development of constitutionalism and colonialism as an entwined phenomenon in the early modern period, focusing particularly on the British-American context. In this sense, Locke's Two Treatises of Government stands as an exemplary illustration of the period's entangled colonial and constitutional temperaments. Well-known for its influential articulation of compact and resistance, the Two Treatises, Barbara Arneil argues "were written as a defence of England's colonial policy in the new world against the sceptics in England and the counter-claims of both the aboriginal nations and other European powers in America." 3 Accordingly, present-day constitutionalism continues to bear the weighty legacy of those colonial rationales. "[T]he language of modern constitutionalism," Tully further explains, "which has come to be authoritative was designed to exclude or assimilate cultural diversity and justify uniformity. The design is difficult to see because this 'modern' language has become the customary way of thinking about, reflecting on and envisioning a just constitutional order." Ultimately, Tully submits, citing Wittgenstein, "A picture held us captive. And we could not get outside it, for it lay in our language and language seemed to repeat it to us inexorably." 4This much-needed thickening of constitutionalism's historical context has enriched our awareness of constitutionalism's vexed origins, as it has proffered potent tools for interrogating current cultural adjudication. Yet, a troubling predicament persists. As if caught within the tenacious grip of the language of modern constitutionalism, Tully, Arneil, and Parekh insistently portray seventeenth-century British-American colonialism solely as a straightforward process of appropriation and assimilation without addressing or incorporating the [End Page 426] complex and contingent elements of that history in its emergence. Lacking the various negotiations and accommodations between settler and indigene in ambition and actualization, their portrayals crucially underplay the dynamic relationship between theories of constitutionalism and practices of colonialism—an approach that ultimately serves to reinscribe the narrative of triumphalist progress within their critiques. 5This problematic is the context for my reading of the Fundamental Constitutions of Carolina,1669... (shrink)

For years Supernatural has gained the status of a cult series as well as one of the most passionate and devoted fandoms that has ever emerged. Even though the main concept of the series indicates that Supernatural should appeal predominantly to young male viewers, in fact, the fandom is dominated by young women who are the target audience of the CW network. My research is couched in fan studies and audience studies methodological perspectives as it is impossible to understand the (...) phenomenon of Supernatural without referring to its fandom and fan practices. However, it focuses on the series’ structure in order to explain how this structure enables Supernatural’s viewers to challenge and revise prevailing gender roles. Supernatural combines elements of divergent TV genres, traditionally associated with either male or female audiences. It opens up to gender hybridity through genre hybridity: by interweaving melodrama with horror and other “masculine” genres the show provides a fascinating example of Gothic television which questions any simplistic gender identifications. (shrink)

This paper analyzes from a pragmatic postphenomenological point of view the performative practice of CREW, a multi-disciplinary team of artists and researchers. It is our argument that this company, in its use of new immersive technologies in the context of a live stage, gives rise to a dialectics between an embodied and a disembodied perspective towards the perceived world. We will focus on W (Double U), a collaborative interactive performance, where immersive technology is used for live exchange of vision. By (...) means of a head mounted omni-directional camera and display the fields of vision of two participants are swapped, which enables the participants to perceive the world through another person’s point of view. This intermedial experience brings a classic dichotomic perception of space to falter: material reality as a ‘live’ condition can no longer be opposed to a virtual mediated reality. In the shifting moment between the embodied and the perceived world, on the fracture between what one sees and what one feels, the distinction between live and mediated is blurred, moreover, can no longer be made. The perception of the body is pushed to the extreme, causing a most confusing corporal awareness, a condition that intensifies the experience and causes an altered sense of presence. In a dynamic cognitive negotiation, one tends, however, to unify the divergent ontologies of the ‘real’ and the ‘virtual’ to a meaningful experience. In this respect, we refer to recent neurological experiments such as the ‘rubber hand illusion’ in order to clarify the spectator’s tendency to fuse both ontologies and to embody a coherent image-world. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Theory of International Bioethics: The Negotiable and the Non-NegotiableRobert Baker (bio)AbstractThe preceding article in this issue of the Kennedy Institute of Ethics Journal presents the argument that “moral fundamentalism,” the position that international bioethics rests on “basic” or “fundamental” moral principles that are universally accepted in all eras and cultures, collapses under a variety of multicultural and postmodern critiques. The present article looks to the contractarian tradition of (...) Hobbes and Locke—as reinterpreted by David Gauthier, Robert Nozick, and John Rawls—for an alternative justification for international bioethics. Drawing on the central themes of this tradition, it is argued that international bioethics can be rationally reconstructed as a negotiated moral order that respects culturally and individually defined areas of nonnegotiability. Further, the theory of a negotiated moral order is consistent with traditional ideals about human rights, is flexible enough to absorb the genuine insights of multiculturalism and postmodernism, and yet is strong enough to justify transcultural and transtemporal moral judgments, including the condemnation of the Nazi doctors at Nuremberg. This theory also is consistent with the history of the ethics of human subjects experimentation and offers insights into current controversies such as the controversy over changing the consent rule for experiments in emergency medicine and the controversy over exempting certain clinical trials of inexpensive treatments for preventing the perinatal transmission of AIDS from the ethical standards of the sponsoring country.The Preamble to the Council of Europe’s (1997) Convention on Human Rights and Biomedicine, the most recently ratified code of international bioethics, is noteworthy because it never mentions “principles,” the concept most frequently cited by the fundamentalists as basic to international bioethics. Instead it stresses rights, a concept that has been utterly ignored by the fundamentalist theorists of international bioethics. The Preamble exemplifies a conception of international [End Page 233] bioethics as an ethics of covenants and conventions grounded in human rights. In the full text of the Preamble, the term “rights” appears eight times and the expressions “convention” and “covenant” are used six times; the term “principle” does not appear at all. In this essay, I develop a theoretical framework for international bioethics based on conventions, covenants, and areas of “nonnegotiability”—a concept that serves as a functional analogue to the traditional notion of “human rights.” I also shall argue that, unlike the theory of basic principles central to moral fundamentalism, the theory of negotiated morality appears immune to the multicultural and postmodern critiques of international bioethics that were analyzed in the preceding article in this issue of the Kennedy Institute of Ethics Journal (Baker 1998).Negotiated Moral Order: A Model for International BioethicsReconsidering ContractarianismThe linkage of “conventions” and “covenants” with human rights that is evident in the Council of Europe’s Convention on Human Rights and Biomedicine traces back directly to the moral and political theories of Thomas Hobbes and John Locke. Such philosophers as David Gauthier (1986), Robert Nozick (1974), and John Rawls (1971, 1993) recently have reinvigorated this classic contractarian line of analysis. In this section, I shall reconsider classical contractarian theory from a perspective informed by these more recent analyses.The most riveting feature of all forms of contractarian theory is the metaphor of the contract itself, particularly the legitimating role it accords to assent. Because contractarians look to the assent of those who would be bound by a moral norm as ultimately the sole source of a norm’s legitimacy, the most important corollary of contractarian moral theory is that moral norms are illegitimate insofar as agents either in principle could not, hypothetically would not, or actually will not rationally assent to be bound by them. Contractarians also argue that because legal norms are legitimated by acceptance of the authority of those who promulgate them, the authority of such norms is bounded by the actual or hypothetical assent of the governed. These features of contractarian analysis generate the correlative concepts of human rights and civil rights.Less often remarked, but nonetheless integral to the metaphor of the social contract, is the contractarian recognition that the interests of the [End Page 234] parties who contract to form civil society are naturally in conflict (or, as Hobbes put... (shrink)

In writing 'How to Disagree', Ferner and Chetty aim to bring to light those assumptions we make about the world, its structure and the lived reality of what we assume to be real, in order to see how these assumptions affect the ways we engage with each other. It is a fascinating endeavour and very well done through this thoughtful text. 'How to Disagree' is part of the 'Build and Become' series, a community of texts adopting a particular shared (...) approach to enacting their commitment to ‘building knowledge that helps you navigate your world’. The emphasis, as reiterated by the authors, is on finding enjoyment in thinking and talking about difference. (shrink)

This article explores how working mothers negotiate the often competing spheres of paid work and unpaid domestic and care work. Drawing upon qualitative data from a varied sample of women, it discusses the impact of workplace demands on home life, women’s attempts to contain the domestic sphere so as not to disrupt paid work, and the emotional conflicts inherent to combining dual roles. In addition, the article applies Bauman’s concepts of order and disorder to women’s experiences of work–care negotiation. (...) Whilst it is recognized that Bauman’s work largely ignores gender, his discussion of solid modernity with its emphasis on order and the transition to liquid modernity with its emphasis on disorder provide a useful theoretical lens through which to illuminate women’s accounts of managing dual roles. (shrink)

This article addresses keep-fit culture not as a collection of commercial images or as the product of broader cultural values, but as a set of situated body practices, that is practices taking place within specific institutions where these images and values are reinterpreted in locally prescribed ways and, to some extent, filtered. Relying on fieldwork, fitness gyms are revealed to be experienced as places with their own rules, pleasures and identity games. The ideal of the fit body is shown to (...) be filtered from its wider, typically gender- and class-specific charges, transformed into a pure instrument of training, a machine which does not bear resemblance to the organic body of the changing rooms, an objectified utility which is beyond any social role specification. Social roles and their body requirements are both important for individual clients' structural chances to join the gym and locally neutralized or reduced to tension-release mechanisms. Similarly, the cultural ideals of a fit and toned body contribute to the legitimation of the gym; yet the actual capacity to train is less the result of the direct grip of culture, than the outcome of clients' adjustment to playing a particular game of involvement with and detachment from the mechanistic and abstract exercise body. Body definitions are not simply imposed on clients, but continuously negotiated and transformed. (shrink)

To the question of why Matthew includes the phrase Πάτερ ἡμῶν (Our Father) in his version of the Lord’s Prayer, scholars guided by different theories answer this question differently. Employing literary criticism ranging from form, source and tradition history to reader–audience response and socio-rhetorical interpretation, scholars contend that Matthew composed the concept Πάτερ ἡμῶν (Our Father) as a crucial segment of his version of the Lord’s Prayer, either to present an opposition between Father who dwells in heaven and the Earth, (...) which is humanity’s dwelling place, or to evoke a community relationship to God in the context of welcoming God’s rule, or to present the Lord’s Prayer as God’s gift for creating order, community and transformation in society. In view of this inconsistent conception of the function of Matthew’s concept ‘Our Father’, the goal of this study is to employ semantic analysis and social identity theory (SIT) to analyse Matthew 6:9 to defend the argument that Matthew employed the concept Πάτερ ἡμῶν in the 1st century CE firstly to reconstruct the Christian identity of his community by identifying with the early Christian community and accommodating Jewish traditions and then to negotiate it by contesting the Roman Empire.Contribution: The interdisciplinary contribution of the study in tandem with the expectations of HTS Teologiese Studies/Theological Studies has been attained through the application of a collective SIT prism of identification, accommodation and contestation to read the social function of Matthew’s concept Πάτερ ἡμῶν in reconstructing and negotiating the identity of his community in 1st century Roman society. (shrink)

The gender order is subject to challenge and change, particularly when situations arise in which existing inequalities become apparent and therefore must be managed. This study examines one such situation by analyzing how conservative Christian women, who were married to gay men, negotiated feminine identities in marital situations that challenged the legitimacy of traditional gender ideologies and practices. To investigate how these women coped, in-depth interviews were conducted with 15 participants of Christian support groups for wives of homosexual (...) men. Through support group participation, these wives learned two key strategies, redefining homosexuality and submitting to God, to transform the meanings and emotional experiences associated with their marital situations. An analysis of the use and the consequences of these strategies shows how they empowered the wives to positively redefine their marriages and themselves while justifying the existing pattern of gender relations. (shrink)

The United Kingdom Central Council for Nursing, Midwifery and Health Visitors (UKCC) document, Exercising Accountability, states that the role of patient's advocate is an essential aspect of good professional nursing practice (1). The author examines the case for and against the nurse being the best person to act as advocate, and critically evaluates the criteria of advocacy. The problematic moral issues arising are discussed, and a case made for negotiation between the members of the multidisciplinary team and the patient/client (or (...) a significant person to the patient) in order to promote the well-being of the patient and to minimise suffering. She concludes that the health care professional's (including the nurse's) role is to help people to assert control over the factors which affect their lives, that is empowerment, rather than advocacy. (shrink)

An activity called Purple Dragons and Yellow Toadstools, originally reported in 1987 as a training activity for jurors, was adapted as a priming exercise for a unit on teaching research ethics with undergraduate students. In this activity, learners develop skills for building negotiated consensus. The procedure involves individuals’ ranking 10–15 moral transgressions and/or legal violations followed by a small group discussion in order to arrive at an agreed-upon ranking by the team. The framework has proved to be quite (...) flexible, adaptable to different subject areas and with different populations of students. (shrink)

This article addresses the issue of asking questions as an important element of international business negotiation where there are differences in cultural background. A Dutch-Spanish difference in questioning was related to differences between the two parties in uncertainty reduction and negotiation goals. All 480 questions in 8 simulated Kelley game negotiations were reviewed: both monocultural and intercultural, i.e. 2 cultures and 3 languages. This analysis may also allow an illustration of the Sapir-Whorf Hypothesis which holds, at least in its weak (...) version, that culture frames language and language frames culture. It may also be possible to determine the extent to which intercultural differences between Dutch and Spanish questioning behaviours - assuming they can be ascertained in comparison with monocultural Dutch and Spanish behaviour - are language bound. In other words, do negotiators use a different typology of questions in their native language than in a neutral language? A comparison of the monocultural and intercultural data makes it possible to illustrate the above hypothesis, and to establish how far the L1-culture connection differs from that of the L2-culture. For another similar test on culture-language relations in South African mathematics texts and their readers, see Prins and Ulijn. The uncertainty reduction theory of Berger and the negotiation models developed by Fisher and Ury and Mastenbroek are related to question behaviour, which is analysed with the Verbal Response Mode Taxonomy of Stiles. Pre- and post-negotiation questionnaires were developed and administered to relate the results of the linguistic analysis to the perceptions of the negotiators in order to test the ecological validity of UR. Asking questions appeared to be a critical success factor in both monocultural and intercultural business negotiation on the basis of their relation with UR variables and Kelley game profit levels, but in a different sense to Gudykunst et al., who suggest that questions reduce uncertainty by increasing attributional confidence in a general way, seemingly irrespective of a national cultural background. In this study the Dutch, starting from a higher level of issue-related global confidence, used questions significantly less than the Spanish to attribute confidence to the person, indicating a cultural difference. Most questioning differences appeared to be language - as well as culture-bound. The Spanish asked significantly more for acknowledgement, and the Dutch asked more indirect questions with disclosure, but the two groups did not differ in global uncertainty and attributional confidence after their negotiations. They seemed to reduce uncertainty by adopting a passive, unobtrusive observation strategy. It may be that the type of information needed to become more confident depends on the communicator's personality rather than on his or her cultural background. Dutch and Spanish managers would therefore be advised to balance openness and vagueness to reach their negotiation goals in maximizing profits by using a combination of clear and ambiguous questions and answers and to be aware of the linguistic differences in questioning between Spanish and Dutch, which may even be carried over to English when it is used as a tool of communication. (shrink)