The idea that justified modal belief can be accounted for in terms of empirically justified, non-modal belief is enjoying increasing popularity in the epistemology of modality. One alleged reason to prefer modal empiricism over more traditional, rationalist modal epistemologies is that empiricism avoids the problem with the integration challenge that arise for rationalism, assuming that we want to be realists about modal metaphysics. In this paper, I argue that given two very reasonable constraints on what it means to meet the (...) integration challenge for modality, empiricism is currently at best on a par with, but potentially worse off than, rationalist alternatives, with respect to the integration challenge. (shrink)

In the spring of 1990, Belgian Parliament adopted a partial liberalization of abortion. Belgium is one of the last western countries to take such action. Public awareness on the issue fully developed in the early seventies, as abortion came to be regarded as a life-style issue. The rift between opponents and advocates of legal change coincides with the cleavage between catholics and non-believers in Belgian society, and this makes abortion a potentially disruptive issue for the political system. Therefore, Government avoided (...) taking any decisions, and refered the question to a special commission, and later to Parliament. This resulted in a process of non-decisionmaking, which seems typical for the way a consensus democracy, like Belgium, tries to defuse highly disputed issues. The fact that abortion ultimately was partially liberalized, seems to reflect the dramatic changes that secularization bas brought to Belgian society the past decades. (shrink)

The idea that justified modal belief can be accounted for in terms of empirically justified, non-modal belief is enjoying increasing popularity in the epistemology of modality. One alleged reason to prefer modal empiricism over more traditional, rationalist modal epistemologies is that empiricism avoids the problem with the integration challenge that arise for rationalism, assuming that we want to be realists about modal metaphysics. In this paper, I argue that given two very reasonable constraints on what it means to meet the (...) integration challenge for modality, empiricism is currently at best on a par with, but potentially worse off than, rationalist alternatives, with respect to the integration challenge. (shrink)

There is a lot of talk around about Globalisation and its mana-like benefits; indeed, there are many, in areas such as the spread of communication capabilities, social media, and wider distribution of goods in the free trade marketplace that in previous decades were ‘protected’ by exorbitant excise tariffs, licensing restrictions, and low turn-overs. Since Weber, Robertson, Wallerstein, Appadurai, Tambiah et al, there has been much theorizing on the inevitability of Globalisation and its neat corollaries, Free Trade, Liberalisation, Parallel Modernities, (...) and Economic Rationalism. Yet, Globalisation has both its protagonists and antagonists alike. The paper focuses on case studies from the Indian-end, impelled by the question: in what ways has Globalisation benefited and hurt India’s economy, the slow growth and periodic stagnation of its capabilities, the stability of the nation and its people? As part of the reciprocal deal on Liberalisation, Free Trade agreement has enabled myriads of TNCs with to reign in large Western capital-investment and start-up industrial bases, which have undoubtedly helped push India to becoming the third largest world economy. However, the encroachments of TNCs and their impact on agro-economics, biodiversity, the plight of farmers, the further disenfranchisement of numerically small from a share in the national weal, the uneven regional deliverance from poverty, malnutrition, the disproportionate gender-ratio, rural illiteracy among the neglected, and other fall-outs, have worried critics of India’s ‘easy ride’ on the highway of Globalisation. The arguments will be developed extensively with illustrations. (shrink)

Doctors routinely refuse donation offers from prospective living kidney donors with certain comorbidities such as diabetes or obesity out of concern for donor wellbeing. This refusal occurs despite the ongoing shortage of kidney transplants and the superior performance of living donor kidney transplants compared to those from deceased donors. In this paper, we argue that this paternalistic refusal by doctors is unjustified and that, within limits, there should be greater acceptance of such donations. We begin by describing possible weak and (...) strong paternalistic justifications of current conservative donor acceptance guidelines and practices. We then justify our position by outlining the frequently under-recognised benefits and the routinely overestimated harms of such donation, before discussing the need to respect the autonomy of willing donors with certain comorbidities. Finally, we respond to a number of possible objections to our proposal for more liberal kidney donor acceptance criteria. We use the situation in Australia as our case study, but our argument is applicable to comparable situations around the world. (shrink)

This article examines Risse and Wollner’s discussion and rejection of several strategies a) in favour of developed countries subsidising their producers, and b) against the relocation of firms operating on their territory. It argues that their critical review of these strategies remains incomplete and therefore not decisive. It starts by bringing into relief two blind spots in their moral assessment of subsidies. The first concerns the imperfect nature of the general duties of global justice they focus on; the second concerns (...) their understanding of the relation between these duties and duties of social justice. While addressing these two difficulties, it presents another possible strategy in support of subsidies, which Risse and Wollner fail to examine: the ‘equal citizenship’ strategy. This strategy is mobilised again in an assessment of Risse and Wollner’s treatment of relocations. In this context, some doubts are raised about the remedy Risse and Wollner prescribe to overcome both social injustices and exploitative relocations ― namely, the domestic redistribution by governments of the gains of international trade. It is argued that such a redistribution is both insufficient to combat social exclusion and threatened by the very practice of trade liberalisation that Risse and Wollner seek to defend. (shrink)

n spite of their divergences, global justice thinkers tend to agree that fairness in international trade requires the removal of trade barriers and hence of protectionist measures, especially on the part of rich countries. Behind this agreement, we find different kinds of considerations, some of which related to the idea that trade liberalisation is not genuinely, or at least not wrongfully, harming members of rich countries. My main purpose in this paper is to examine this idea in more detail (...) and to show that it faces several difficulties which invite us to reconsider the moral acceptability of at least some protectionist policies. (shrink)

Technology is “unruly” because it operates in a social context where it is shaped by institutions, organisations and individuals in ways not envisaged when it was first developed. In the UK assisted reproductive technology has developed from strictly circumscribed beginnings as a treatment for infertility within the NHS, to a service which is more often offered by commercial clinics and purchased by clients who are not necessarily infertile. The article considers the process by which assisted reproductive technology has been created (...) and developed, a process which is ideological rather than technical, and the social implications of its ever expanding use. In a society where the discourse around reproduction and family life is one of choice and acceptance of diversity of life styles, the conditions are set for further “unruliness” supported by clinicians and commercial interests. The HFEA, public consultations and media coverage tend to subscribe to the way ethical issues are framed by those interested parties, an approach that favours increased liberalisation. (shrink)

On the issue of abortion, Ireland and Poland have been among the most conservative countries in Europe. Their legal and cultural approaches to this issue have been deeply influenced by the institution of the Catholic Church and its purported role as a defender of an authentic national identity. However, their political climates for abortion reform are increasingly divergent: Ireland has liberalised its abortion law substantially since 2018, while Poland is moving towards further criminalisation with the repeated introduction of restrictive laws (...) in parliament. Both have seen active pro-choice movements who mobilise for reform and widespread non-compliance with their restrictive abortion laws, but the policy impact of these trends varies significantly. What accounts for this difference? This article draws on comparative analysis of Ireland and Poland to assess their divergent trajectories on abortion reform, arguing that the most significant driver of change between the two is the disparity in influence of the Catholic Church on politics and policymaking. (shrink)

The comprehensive liberalisation of the electricity market at the end of the last century has initiated a dynamic development. The politically determined disjunction of the network operation from generation, commerce and distribution which broke open the value added chain concerning the business organisation is to induce competition and consequently lower prices. Thus, besides a secure electricity supply, profitability, efficiency, quality and environmental aspects constitute present aims and have led to an enormous increase of complexity in the power supply. Furthermore, (...) the imponderability and uncertainty of competition processes in a liberated market aggravate prognoses for future investment decisions. Not least the anymore rising electricity demand, the emerging of a single European power market as well as technically pushed changes in the production structure, due to the emergence of alternative forms of power generation such as wind or solar energy, biomass energy or fuel cells, account for electric networks which afford complex planning and regulation mechanisms. This article gives a survey of various requirements posed on electricity networks and concludes with a short description of solution approaches to safeguard a cost-saving and secured future electricity supply. (shrink)

Previous research has noted the ambiguous persuasive potentials of reiteration: repeating a statement, slogan or image can work both positively and negatively, can both help and hinder the effectiveness of a political message. Considering that repeated propaganda in China is broadly ineffective in generating wholehearted public support, this article is interested in how and when repetition does achieve meaningful persuasion. Drawing on affect theory to address these multiple potentials, it critically reconsiders the nature of persuasion itself, arguing that affective engagement (...) is crucial in sustaining and consolidating temporary tendencies that lead to alteration in the social fabric. Looking at humorous ‘socialist memes’ popularised on the Chinese internet in recent years, the article conducts a discourse analysis on the patterns they reveal to break down this reiterative practice as an unfolding event, revealing how its humour disrupts official language and engages the public affectively. It argues that practice of repeating these memes produces interpretive ambiguities around the official language, and in doing so re-directs socialist persuasion towards a liberalised end. (shrink)

Late-term abortions are an issue of immense debate in India, where the Medical Termination of Pregnancy Act, 1971 permits abortions only up to 20 weeks of gestation. In special situations, such as pregnancy arising out of rape especially in the case of minors and the late diagnosis of congenital anomalies, there are no clear guidelines on the legal protocol that is to be followed, often resulting in a lack of consistency in terms of legal decision-making, as well as undue prolongation (...) of legal procedures. The Medical Termination of Pregnancy Act prohibits late-term abortions on the basis of personhood and viability of the foetus, to reduce sex-selective abortions and as it considers such abortions to be unsafe. However, a legal prohibition of late-term abortions does not prevent them, and this has led to a surge in the number of illegal, unsafe abortions that are detrimental to the health of women. There is also physical, mental and financial distress to women who are forced to continue their pregnancy, coupled with a lack of governmental support for the same. In comparison of India’s abortion laws with Singapore’s, which are more liberal, and Philippines, which are more restrictive, liberalisation of abortion laws appears to have a better outcome in reducing the incidence of unsafe abortions. This paper argues that the way forward is to liberalise the laws in terms of not only extending the gestational limit to at least 24 weeks but also making exceptions allowing no gestational limit in special cases that warrant them, such as rape victims and late foetal anomalies. The laws, drafted and implemented in consultation with medical professionals in the field, must also be lucid and not leave any room for misinterpretation by courts and health care providers. (shrink)

In this article, I offer a methodological analysis of the empirical research on the causal effects of trade liberalisation, and assess whether such studies can be of any use for guiding policy prescriptions in real-world economies. The analysis focuses on the mainstream economic research that has been used to support arguments in favour of trade liberalisation during the last decades. Even though there are empirical results that could be taken as valid evidence for a causal connection between free (...) trade and economic gains, none of the existing evidence licences trustworthy inferences about the policy effectiveness of trade liberalisation reforms in real-world cases. There are three aspects of the empirical literature that make it highly problematic for making reliable policy inferences: (a) the criteria used to define the notion of ‘free trade’, (b) the background assumptions embedded in the econometric techniques used for estimating causal effects, and (c) the widespread desire among academic economists to attain scientific results in terms of universally valid generalisations. The analysis exposes a worrisome mismatch between, on the one hand, the research aims and outcomes of scientific economics and, on the other, the kind of evidence that would be useful for guiding actual policy deliberations. (shrink)

In 1954 Hempel wrote “Once the idea of a partial specification of meaning is granted, it appears unnecessarily restrictive, however, to limit the sentences effecting such partial interpretation to reduction sentences in Carnap's sense. … Generally, then, a set of one or more theoretical terms, t1, t2 ⃛, tn, might be introduced by any set M of sentences such that M contains no extralogical terms other than t1, t2 ⃛, tn, and observation terms, M is logically consistent, and M is (...) not equivalent to a truth of formal logic. The last two of these conditions serve merely to exclude trivial extreme cases. A set M of this kind will be referred to briefly as an interpretative system, its elements as interpretative sentences.” This is the last move in a process in which the idea of definition has been widened beyond the explicit or equivalence definition which was the basis of earlier thought on the subject of introducing new words into a language. It would seem that the scheme proposed by Hempel must represent the final move, for it would seem difficult to conceive any more liberal description of a purely direct and verbal scheme. Among the predecessors of Hempel in this liberalising movement I will mention Ramsey and Braithwaite whose views stem ultimately from Campbell, and are based on the idea that the “interpretative system” is essentially a scientific theory, and Carnap who introduced the particular notion of a “reduction sentence”, and who was more directly the source of Hempel's own ideas. (shrink)

The role of the state has occupied centre stage in the development of economics as an independent discipline and is one of the most contentious issues addressed by contemporary economists and political economists. The immediate post-war years saw a swing in economic theory towards interventionism, motivated by the urgent need for reconstruction in advanced capitalist countries, the establishment of socialism in parts of Asia and Eastern Europe, and the liberation of many developing nations from colonialism. After a quarter of a (...) century of interventionist policies, a vigourous backlash against state intervention began with the discrediting of welfare statism in advanced capitalist countries, grew through the spread of liberalisation programmes among developing nations during the 1980s, and culminated in the dismantling of socialist central planning since 1989. In this volume, ten distinguished contributors examine patterns of interventionism and anit-interventionism in a wide variety of historical, political and institutional contexts and within different theoretical traditions. Their primary focus is on the internal factors which shape the role of the state and determine its effectiveness in promoting economic change. They explain the growing disenchantment with the Neo-Liberal, anti-interventionist programme--even in Eastern Europe and the former USSR, where the initial optimism in the efficacy of the free market is fading fast. The overall conclusion of the empirical and theoretical analysis is that the simplistic notion of politics fundamental to Neo-Liberal arguments makes them at best misleading and at worst deceitful. Although one can talk of certain general principles, there is no hard and fast rule to determine the optimal degree and the desirable areas of state intervention, which can only be determined in the concrete historical, institutional, and geographical context. The challenge is to form a new synthesis in which the valid insights of Neo-Liberalism are stripped of their ideological baggage and intergrated into a wider and more objective intellectual framework. (shrink)

La 4e de couverture indique : "Les démocraties économiques produisent en accéléré un appauvrissement du monde. Elles programment même un dégraissage de leurs populations actives de l'ordre de 80 %. Pour légitimer leurs régulations, justifier leurs performances catastrophiques et les crimes spéculatifs de leurs banques, elles n'agitent que ce schibboleth appelé par Joseph Stiglitz "le consensus de Washington" : libéralisation, privatisation et austérité. Elles développent sans sourciller une esthétisation pathologique du monde à l'aide d'un chamanisme économique qui les dispense de (...) se soumettre à ce qui devrait régler leur développement : le jugement d'objectivité qu'elles sont appelées à porter sur leurs propres résultats. C'est ainsi qu'elle parasitent, sous couvert d'expérimentation, la puissance de l'imagination créatrice que l'être humain s'est forgée pour surmonter l'absence de ses coordinations héréditaires à l'environnement. La maladie mortelle qu'elles propagent n'est pourtant qu'un autisme de la réflexion. Le sursaut doit venir d'un dialogue transculturel, seul remède pour guérir de la mondialisation.". (shrink)

In a 2018 referendum, the Irish electorate voted in favour of repealing Ireland's quasi-total legal ban on abortion. The referendum campaign saw important public discussions regarding gender roles in twenty-first century Ireland. While the constitutional ban on abortion was condemned by abortion rights advocates for marginalising women's agency, the legislation which replaced it has not escaped criticism either. Therefore, questions surrounding the conceptualisation of women's agency in the 2018 referendum are still relevant today. Adopting a multimodal critical discourse analysis approach, (...) this paper analyses signage from the weeks before the vote to examine the discursive construction of women's agency in the linguistic landscape of the referendum campaign. I argue that many mainstream campaign organisations – including those arguing for liberalisation of abortion laws – were complicit in the discursive diminishment of women's agency, suggesting that the campaign did not necessarily challenge prevailing ideologies of gender and agency. (shrink)

The Labour Code of the Republic of Lithuania was enacted on 4 June 2002. However, the practice of ten years has shown that even the systematisation of this branch of law by means of codification could not help avoiding gaps in labour law. The Lithuanian labour law system balances on the brink of flexibility, liberalisation and stability. The purpose of this article is to examine the legal side of this problem and to evaluate the quality of legal regulation of (...) labour relations, also to propose instruments and means to improve them. The main aim of the article is to show the difference between gaps in labour law and some similar (contiguous) legal phenomena that will also be discussed in the article. (shrink)

Ideological indoctrination is explicit and pervasive in China, with the school curriculum used to mould the spirit and character of adolescents, fulfilling ideological and political purposes. But the exact content varies over time. Comparing two versions of textbooks published in 1997 and 2005, this paper depicts the continuities and change in the curricular discourses centred on the notion of ‘good citizen’. While keeping the official status of socialism and the Party leadership untouched, the new textbooks soften the presentation and packaging (...) of the ideological content, very much in tandem with the soft authoritarianism practised since the post‐Deng era when China has been deeply involved in the processes of marketisation, liberalisation and globalisation. The new textbooks also adopt a stance of greater reconciliation with human rights and global citizenship. While being granted more autonomy and rights, young citizens are still expected to shoulder the mission of national revival and socialist modernisation—very much derived from official policies. (shrink)

During the AIDS epidemic in the 1980s, it was crucial that providers take steps to protect patients by managing HIV with the perspective of ‘HIV exceptionalism’. However, in 2020, the social and historical barriers erected by this concept, as demonstrated in this patient’s case, are considerably impeding progress to end the epidemic. With significant medical advances in HIV treatment and prevention, the policies informed by HIV exceptionalism now paradoxically perpetuate stigma and inequities, particularly for people of colour. To improve overall (...) HIV care, the medical community must move past HIV exceptionalism by liberalising diagnostics, instituting clinician implicit bias training and advocating to fully decriminalise HIV non-disclosure. (shrink)

It is not a fundamental human right to live wherever one would most like to be. We have to ask when a state should admit people not its citizens wishing to enter and settle within its territory. To exclude someone from entry to a country where he wishes to settle infringes his liberty. When anybody's liberty is infringed or curtailed the onus of proof lies upon those who claim a right to infringe or curtail it, other things being equal. This (...) paper argues that there are two reasonable grounds for refusing entry to would-be immigrants. First, in order to avoid genuine overpopulation; and second, to protect vulnerable cultures being submerged by large numbers of people of a more robust culture. Neither of these restrictions applies in the case of Britain and the paper concludes by demanding an immediate liberalisation of immigration laws and immediate public recognition by government of the benefits of immigration and determined discouragement of xenophobic propaganda against it. (shrink)

This major study of Hegel's intellectual development up to the writing of The Phenomonology of Spirit argues that his work is best understood in the context of the liberalisation of German Protestantism in the eighteenth century.

The minister of Agriculture, Nature Management andFisheries of the Netherlands reflects on the question``Is agriculture in need of ethics?'' Changingnorms and values in society, the influence of newtechnologies (such as biotechnology) and theinternational trade liberalisation (WTO) providearguments for a positive answer on this question.

A book chapter exploring the potential consquences and ethical ramifications of using coercive measures within community mental healthcare. We argue that, althogh the move towards 'care in the community' may have had liberalising motivations, the subsequent reduction in inpatient or other supported residential provision, means that there has been an increasing move towards coercive measures outside of formal inpatient detention. We consider measures such as Community Treatment Orders, inducements, and other forms of leverage, explaining the underlying concepts, aims, and exploring (...) adverse consequences and ethical difficulties. (shrink)

Social responsibility of business is not new to India. With regard to CSR, the country depicts one of the richest traditions of the world. Involvement of business people in the community as well as in social development has a glorious history in India. The term corporate social responsibility (CSR) might have originated from Western discourses but prior to it the idea of philanthropy in India has evolved from its own ethos and cultural values. Philanthropic activities undertaken by rich business titans (...) and the Gandhian trusteeship model are prominent distinctions of Indian CSR. But with the advent of liberalisation, privatisation and globalisation, the popularly called LPG policy during the early 1990s led to a fundamental shift from the philanthropy-based model to a multi-stakeholder perspective. During this phase, companies changed their approach and became responsible for all the stakeholders. The stakeholders include environment, community, customers, shareholders, suppliers and employees. In contemporary time, CSR has undergone a drastic change but some of the traditional features are still prevalent. The current paper has made an attempt to comprehend CSR practices in the context of Indian businesses in the early days, and major CSR initiatives during this time as well as during the post-independent period. Subsequently, CSR in the post-globalisation era with a focus on the Companies Act has been examined. Despite many unique characteristics, the paper critiques the practice of CSR by Indian companies in the current scenario. (shrink)

The aim of this essay is to survey the logic behind the Tory ministerial decision to bring a quick end to the hostilities with France in the early 1710s by looking at a tri-weekly journal called The Mercator (1713–14). Founded by Henry St. John, Viscount Bolingbroke, then Secretary of State, and his economic advisor Charles Davenant, with a view to justifying their grandiose plan to liberalise the Anglo-French trade relationship as part of a new European order initiated by the Peace (...) of Utrecht, this periodical shows us how the so-called neo-Roman synthesis of libertas and imperium was exploited by the Tory administration not only to defend its isolationist outlook, but more interestingly, to reprove the pro-Dutch policy of the previous Whig government. ☆ I am grateful to both the Acton Institute for the Study of Liberty and Religion and the Institute of the Humane Studies for their generous financial assistances in preparing this paper. (shrink)

Responding to recent publications by Céline Lafontaine, François Cusset unties the illusions of the supposed knot between the US ideology of cybernetics and the “French Theory” represented by thinkers like Foucault, Derrida, Lyotard or Deleuze. Those who denounce a historical complicity between these two “anti-Humanist” movements in the name of a few superficial analogies miss the profoundly critical nature of French Theory towards capitalism. It is rather on the side of those technophobic Humanists so eager to denounce the Pensée 68 (...) that one finds today the most active accomplices of the liberalisation of French society. (shrink)

This presentation examines globalisation’s homogenising effects that negate the construction of a world in common, or mondialisation, which in turn is linked to the ineffectiveness of classic vitalistic criticisms of capitalism. The need to find an alternative critique that can also take into account the role of technology at the global level in transforming power relations is then addressed. To this end, globalisation is distinguished from liberalisation, internationalisation, modernisation and universalisation in terms of spatio-temporal deterritorialisation and its engine room (...) of relations of power/technoscience. For this reason, the mode of critique of critical history is advocated because it seeks to make the will to know that drives technology conscious of itself as a problem. Critical history thus serves to illuminate the parallel changes in power relations that technology engenders and, secondly, to articulate their ambiguous effects on ethico-political subjects whose subjectivity is framed against relations of power/technoscience. On this understanding, critical history reveals the contingency of globalisation and acts as a hedge against it, or as a long-term investment in mondialisation. (shrink)

The environmental crisis that faces the world today is sometimes seen to be the result of making wrong turns on the path to human development. This is especially so in terms of the technologies humans adopt, the way such technologies are powered, and the morality that is at the foundation of societies that develop and utilize such technologies. Humanity has come to the realization that the technologies that were ushered in with a fanfare and that may still enjoy considerable patronage (...) sometimes have a darker side that may exact a costly price. The situation would probably have been different if there had been credible alternatives waiting in the wings, but no such alternatives exist and the path to such alternative technologies will probably be fraught with even more dangers. The view in this paper is that the current environmental crisis is not so much a problem of making wrong choices in technology as it is a problem with the nature of our science: a science which stifles the growth of views that contradict the opinion at the centre. It argues that the discouragement of adventitious ideas is responsible for the lack of credible alternatives to current technologies and therefore the inability to discard technologies that are considered anachronistic. In view of the above, the paper argues for a liberalisation of science through the tolerance of heretical scientific views as well as alternative knowledge systems. It questions the morality of subscribing to a single method of science in an era where alternatives exist to every other human facility and argues, following Mill and Feyerabend, not only for the proliferation of technologies but also for the proliferation of sciences as a safeguard against scientific lethargy. (shrink)

AAA videogames often offer expansive experiences to the millions who engage with the medium, but they are vulnerable to disruption from neoliberal structures. The Corruption of Play explores how neoliberal ideology corrupts play in AAA videogames by creating conditions in which play becomes unbound from leisure, allowing play to be understood, undertaken, and assessed in economic terms, and fundamentally undermining the nature of play. Providing a cutting-edge and innovative approach to this problem, McMahon uses cognitive mapping to make neoliberalism visible (...) in play-space, showcasing a new way of seeing and understanding how play is enabled and how the player forms an understanding of themselves by it. How does the player form their sense of self in the videogame? What level of agency does the player have? How are AAA videogames consumed and what is the extent of the corruption of play? Offering a timely level-up to the existing critical work on videogames, McMahon's revelations that play in AAA videogames does not often occur under ideal conditions due to the influence of neoliberal ideology are a captivating read for communication and media scholars interested in videogames. Understanding that play should be a core activity, and a natural barrier to market and economic logics, McMahon sets the scene for equipping us to understand how the process of neo liberalisation can be resisted. (shrink)

ABSTRACTThe legal market is changing. Whether individual consumer or corporate client, the choice of services available to help manage or solve legal problems appears increasingly wide. Business process outsourcing, technology and data companies, accountants and other professional advisors are offering corporate clients new options to manage their legal affairs. Law firms are responding to this increasing competitive pressure with new services of their own. The Solicitors Regulation Authority, as the largest legal regulator in the UK, is liberalising its approach to (...) regulation, removing prescriptions and inflexibilities, so that business and solicitors can compete and thrive in this changing market. The proposals will introduce greater flexibility for individual solicitors to offer services to the public from businesses outside of legal regulation. A simpler and shorter Code of Conduct, focused separately on individual s... (shrink)

Development economics became a separate discipline in economic science in the 50s but only in the 60s and mid-70s can one note a bigger interest in those issues. Gradually, there has appeared an extensive literature concerning economic development. In the 80s it turned out, however, that despite some successes, the economic development of the majority of mid- and less developed countries was less satisfactory than expected. During most of the 80s and 90s the so-called Washington consensus dominated theory and practice (...) of economic development. This notion covered the whole range of activities that were to lead the developing countries to greater welfare and prosperity. It included tough fiscal and monetary policy, deregulation, foreign trade and capital flow liberalisation, elimination of government subsidies, moderate taxation, liberalisation of interest rates, maintaining low inflation, etc. From the developmental experience of the past years, a new developmental paradigm is emerging, the elements of which can be described in the following way: • basic economic environment should support investments in the long term • economy should be very sensitive to market stimuli • human resources should complement physical capital • information quick flow and absorption in the fast changing world attribute the key role to the institutions and mechanisms which jointly react to the stimuli. • Wherever there are market imperfections, state intervention should be market friendly. • Social equality must be guaranteed if the economic development is supposed to last on a sustainable basis. (shrink)

Bien que l’évolution du droit se soit traduite pour l’essentiel par une libéralisation des règles d’organisation de la famille, une analyse en terme de contractualisation de la famille est excessive. Certes, les couples peuvent se former et se défaire relativement librement, mais le pouvoir de la volonté reste limité, qu’il s’agisse des couples mais aussi et surtout des enfants. En effet, la volonté ne permet pas de dépasser certaines normes communes (conditions de validité du mariage). Elle est par ailleurs impuissante (...) pour suppléer l’absence de règles adaptées à certaines formes d’organisation familiale (familles recomposées). Son rôle a même reculé, au nom de l’égalité, lorsqu’il s’agit de donner une place aux enfants dans la famille (filiation). (shrink)

The article describes the evolution of problems in the Lithuanian labour law and labour law science since the re-establishment of independence in 1990. Three periods of evolution are presented: the Soviet period (lasted until 1990), the transitional period (1990- 2004) and the period of the Labour Code (2003 and onwards). During the Soviet period, the Code of Labour Laws regulated employment relationship in strict detail as the main employer was the state itself. Good reflections of that period can be pointed (...) out: active (but forced) collective bargaining, single tariff system that implemented equal treatment in the field of remuneration for work and fluent performance of enforcement of labour laws (legal clarity). During the transitional period, new labour laws were introduced and tuned-up with international labour standards (ILO), but in general there were no essential changes in practice. During all that period, the Lithuanian Labour Code was drafted and came in force in 2003. The period of the new Labour Code started together with the European integration and had to bring new trends of the European labour market into Lithuanian practice. The government and academics brought few initiatives for the liberalisation of labour laws but most of them were stuck in the stage of consulting with social partners (Tripartite Council). Nevertheless, 22 years after the collapse of command economy labour laws incompatible with free labour market still dominate. It is obvious that the Lithuanian Labour Code is outdated and needs general reconstruction. Scientific researches and the EU Council recommendations call for the introduction of flexibility, implementation of flexicurity aiming for full integration into the single European labour market. Some strict labour code rules are prevented from functioning in practice. The courts are forced to derogate from disproportionate and improper articles of the Labour Code. The author brings some of the existing problems of labour law into light and proposes their possible solutions. The existing crisis of labour law could be solved by drafting a new Labour Code with the help of academic researchers and by introducing it directly to the Parliament for adoption. (shrink)

This paper seeks to find possibilities forreconciliation of the implementation of theprecautionary principle and the promotion ofinternational trade of genetically modified organisms,based on the assumption that a sustainabledevelopment is a right objective to strive for. Itstarts with an explanation of the background and therole of the precautionary principle, and describes inwhat way measures based on the precautionary principlecan easily lead to the creation of trade barriers. Thearticle then examines to what extent the WTO (WorldTrade Organisation) Agreements allow theimplementation of the (...) precautionary principle. Inaddition, structural conflicts between the perceptionof the precautionary principle and the concept oftrade liberalisation will be evoked. The last sectionof the paper analyses to what extent the WTO rulesprovide possibilities to avoid or solve theseconflicts in order to attempt to answer the mainquestion: are the precautionary principle and theinternational trade of genetically modified organismsreconcilable? (shrink)

Au cours des années 1970 (qui furent, dans plusieurs pays, celles de la libéralisation de Vavortement), la question du statut de Vembryon humain fut surtout débattue en termes de libertés individuelles : droit des femmes à disposer d'elles-mêmes, vs. ‘droit à la vie' du fœtus caché dans le corps de sa mère. Dans les années 1980, avec l'application des techniques de procréation ‘artificielle' au traitement de la stérilité humaine, l'accent est mis sur une responsabilité collective à l'égard de l'embryon séparé, (...) conçu en éprouvette, mis au congélateur, convoité par la recherche lorsqu'il n'est pas rendu à un utérus maternel. « Il est urgent de déterminer le degré de sa protection juridique », dit l'Assemblée parlementaire du Conseil de l'Europe (Recommandation 1046, 1986). Mais il n'existe pas de consensus sur les fondements philosophiques d'une telle protection. Le but du présent article n'est pas d'ajouter une thèse de plus à une littérature internationale déjà considérable, mais de situer les positions et arguments en présence, pour éclairer un débat qui touche, entre autres, aux sources du respect dû à la personne humaine. The European Parliament has recently expressed the view that human embryos and fetuses are endowed with human dignity, and that a definition of the degree to which they should be protected by law is urgently needed (Recommendation 1046, 1986). There is however no consensus on the philosophical grounds for such a protection, or on the degree to which embryos and fetuses should be treated as persons. This paper contrasts the biological (natural) and ethical (cultural) criteria of person hood and their underlying ontologies, examines the arguments in favor of taking a pragmatic line rather trying to decide when human beings become persons, and suggests that the pragmatic attitude in fact implies a developmental ontology. (shrink)

In the cases of deep-seated changes in the capitalistic economies, starting from the first Industrial Revolution, we can choose a pessimistic hypothesis such as that of Polanyi (The great transformation. Rinehart, NY, 1944). In other words, a systematic dismantling of the previous structures and the economic and social customs, with the serious social and human crisis, or the slightly more “optimistic” one of Perez (Technological revolutions and financial capital: the dynamic of bubbles and golden ages. Edward Elgar, Cheltenham, 2002), for (...) which, in the recurring 50-year cycles of innovation, a 4-phase sequence is realised (irruption, frenzy, synergy and maturity) of which frenzy, i.e. “when financial capital takes over” and there is “a time of speculation, corruption and unashamed (even widely celebrated) love of wealth”, leads, through a turning point, to a new one: “The unsustainable structural tension that builds up in the economy and society” can lead to “a regulation (...) to put order in financial markets and to move towards full market expansion and greater social cohesion”; it should be noted that Perez emphasises that this is a possibility and not a certainty. What is evident for social science is that in periods of deep and revolutionary changes, as to the economic dimension, of capitalistic societies, since the first Industrial Revolution, the economic process of change is more and more unfettered of any social, political, administrative and cultural effective regulation; all the dimensions of everyone’s life, both private and public, are driven by the demands coming from the economic and financial realm; a divorce between economic institutions and society at large that is a lack of legitimatisation and democratic control on their lives by people becomes the rule. It happened in the 1880s, 1920s and 1990s and this is the actual situation of our societies; that is why many researchers and also financial and popular magazines are stricken by an historical comparison such as this one: “It has been a great time to be a capitalist. All around the world, profits have been rising as a percentage of gross domestic product. According to Goldman Sachs, the profit share of US GDP in the first quarter of this year was an all-time high. HSBC says 2005 was the best year for UK profits since records began”. (Financial Times, July 29, July 30, 2006). The journalist is aware of the consequences of the situation and he adds: “High profits and the extreme wealth they usually imply can be extremely unpopular (...). It is easy to assume that the liberalising processes of the past 20 years are irreversible. But such reforms have little bedrock support; they have been effectively imposed on many countries by economic elites.” This is the starting point of this article: the role of economic elites and the crisis of legitimacy of democratic regimes. (shrink)

Le développement de l'éthique serait le signe prometteur d'une humanité responsable. L'éthique, nouvelle compagne de route du sujet libéral contemporain, ne semble être, le plus souvent, qu'un alibi pour éviter d'engager une critique qui obligerait à revisiter de fond en comble son anthropologie. L'usage inflationniste, l'indifférenciation et l'instrumentalisation des discours « éthiques » vident l'éthique de son enjeu critique. Derrière l'image séduisante de l'humanisme libéral d'aujourd'hui, ouvert à la différence et à l'altérité, se cache une réalité plus sombre, celle d'un (...) homme soucieux de s'affirmer toujours plus dans des pratiques civilisées mais qui, au-delà des apparences, engagent un processus de déshumanisation. L'éthique dominante de nos jours n'est-elle pas, dans la plupart des cas, un instrument soumis aux ordres d'une libéralisation morale, en réalité, faussement libératrice? L'éthique ne devrait-elle pas plutôt oser le pari d'une imprudence? Si elle est critique et parole, elle doit entraîner conséquemment un soupçon radical mais bienveillant sur nous-mêmes et sur le monde que nous inventons. (shrink)

Many Western countries have introduced market principles in healthcare. The newly introduced financial instrument of “care-intensity packages” in the Dutch long-term care sector fit this development since they have some characteristics of a market device. However, policy makers and care providers positioned these instruments as explicitly not belonging to the general trend of marketisation in healthcare. Using a qualitative case study approach, we study the work that the two providers have done to fit these instruments to their organisations and how (...) that enables and legitimatises market development. Both providers have done various types of work that could be classified as market development, including creating accounting systems suitable for markets, redefining public values in the context of markets, and starting commercial initiatives. Paradoxically, denying the existence of markets for long-term care and thus avoiding ideological debates on the marketisation of healthcare has made the use of market devices all the more likely. Making the market invisible seems to be an operative element in making the market work. Our findings suggest that Dutch long-term care reform points to the need to study the ‘making’ rather than the ‘liberalising’ of markets and that the study of healthcare markets should not be confined to those practices that explicitly label themselves as such. (shrink)

What does the quality of social dialogue in the Central and European countries depend upon? There are three sets of factors which influence the quality of social dialogue, in other words, the social consultation regarding relations between employers and employees. The states in this legion share the common legacy of the years of socialism. They share the difficult experience of economic and political transformation. They have also recently joined the European Union. The other factors are the conditions of an economy (...) which is undergoing globalisation and the challenges of competitiveness on the common market that are related to the European Integration. It is the last circumstances which seem to hinder social dialogue the most. They result in a situation where, to a large degree, it becomes a tool used to improve the competitiveness of the national economy and to liberalise the regulations pertaining to relations between employers and employees. Such assumptions concerning the operations of the institutions in question place the trade unions in a difficult situation. In a way which is obvious, this makes the building of solid institutions of social dialogue in the new EU member countries difficult. (shrink)

La présente contribution analyse dans quelle mesure une approche de précaution permettant de mettre en balance des intérêts de libéralisation commerciale et des préoccupations de diversité culturelle peut être caractérisée en droit international, sous quelles formes et par quels mécanismes. Elle examine l’application d’une telle approche en matière de commerce international en mettant en lumière le besoin de prudence dans l’articulation entre « commerce et culture », ainsi que la manière dont le droit international de la culture peut légitimer et (...) renforcer une telle approche. (shrink)

Antallet sultne i verden har økt, selv om det kan diskuteres om det i dag er en høyere eller lavere andel som lider under sult enn for seks år siden – før matprisøkningen. Alle er uansett enige om at det samlet sett produseres nok mat i verden til at alle kan få dekket sine ernæringsbehov. Artikkelen viser at to hovedretninger i debatten om matproduksjon står mot hverandre. Den dominerende retningen fokuserer primært på matsikkerhet, forstått som økt matproduksjon og økt handel (...) med mat. Den andre retningen argumenterer for at interessene og rettighetene for de mest sårbare må ha forrang i politiske prioriteringer, og at de sårbare sikres best med en strategi basert på menneskerettigheter. Artikkelen drøfter landfordeling, økt bruk av genteknologi i landbruket og nedbygging av handelshindre for landbruksprodukter. Industrialisering av landbruket og liberalisering av handelen med landbruksvarer kan gi gode resultater på makronivå – på kort sikt. Dersom målet er å fremme situasjonen for de mest sårbare og samtidig møte klimautfordringene er løsningen en nedenfra-tilnærming, som til nå er blitt ignorert av de fleste stater.Nøkkelord: retten til mat, matsikkerhet, klima, Verdens handelsorganisasjon, FNs tusenårsmålEnglish summary: The struggle over food intake and food productionThe number of hungry persons in the world has increased – although it is debatable whether there is currently a higher or lower proportion of suffering from hunger than six years ago – before the food price increases. All agree that the overall production of food in the world is adequate for everyone's nutritional needs. The article demonstrates that there are two main approaches in the debate on food production. The dominant approach focuses primarily on food security, understood as increased food production and increased food trade. The other approach argues that the interests and rights of the most vulnerable must prevail, and that improvements for the vulnerable are best ensured with a strategy based on human rights. The article analyzes land distribution, increased use of genetic technology in agriculture and reduction of trade barriers for agricultural products. Industrialization of agriculture and the liberalization of trade in agricultural products can provide good results at the macro level – in the short term. If the goal is to promote the situation of the most vulnerable and at the same time addressing climate change, the solution is a bottom-up approach, which until now has been ignored by most states. (shrink)