The tacit standard view that development ends once reproductive capacity is acquired (reproductive boundary, or ‘‘RB,’’ thesis) has recently been challenged by biologists and philosophers of biology arguing that development continues until death (death boundary, or ‘‘DB,’’ thesis). The relevance of these two theses is difficult to assess because the fact that there is no precise definition of development makes the determination of its temporal boundaries problematic. Taking into account this difficulty, this article tries to develop a new species-dependent perspective (...) on temporal boundaries of development. This species-dependent account stands against both RB and DB theses since neither of them reflects the differences between species in the temporality of their development. In this perspective, I propose to use stem cells as a tool to analyze (1) the different developmental capacities of an organism during its life; and (2) the different developmental temporal capacities between species. In particular, I will show that stem cells enable four distinct temporal developmental patterns to be distinguished, i.e., four distinct temporal boundaries of development in the living. I show how these four patterns can be interpreted differently depending on the perspective one has on the definition of development. (shrink)
At this stage of the COVID-19 pandemic, two policy aims are imperative: avoiding the need for a general lockdown of the population, with all its economic, social and health costs, and preventing the healthcare system from being overwhelmed by the unchecked spread of infection. Achieving these two aims requires the consideration of unpalatable measures. Julian Savulescu and James Cameron argue that mandatory isolation of the elderly is justified under these circumstances, as they are at increased risk of becoming severely ill (...) from COVID-19, and are thus likely to put disproportionate strain on limited healthcare resources. However, their arguments for this strategy are contingent on the lack of viable alternatives. We suggest that there is a possible alternative: a mandatory, centralised contact-tracing app. We argue that this strategy is ethically preferable to the selective isolation of the elderly, because it does not target members of a certain group, relying instead on the movements of each individual, and because it avoids the extended isolation of certain members of the society. Although this type of contact-tracing app has its drawbacks, we contend that this measure warrants serious consideration. (shrink)
Seen as contributing to human enhancement, implanted technologies have recently been receiving a lot of attention. However, reflections on these technologies have taken the shape of rather speculative ethical judgments on “hyped” technological devices. On the other hand, while science and technology studies and philosophy of technology have a long tradition of analyzing how technological artifacts and tools transform and configure our lives, they tend to focus on use configurations rather than the intimate relations brought about by implanted technologies. Even (...) the cyborg has lost some of its hermeneutic power as it has been detached from its material grounds, becoming a discursive entity. In this article, I reclaim the importance of materiality and explore how people live with spinal cord stimulation, which is a type of neuromodulation technology. Implanted in bodies and seemingly out of sight, this technology does not cease to matter. Embodiment and incorporation are crucial for people to live well with SCS. Embodying the neuromodulation technology entails groping processes in which gestures are central and an increased intimacy with one’s bodily materiality. Incorporating it is highly relational and entangled with the bodies of loved and distant ones, humans and nonhumans. (shrink)
The question: are humans the only animals endowed with language? must be preceded by the question: what makes language a unique communication system? The American linguist Charles F. Hockett answers the second question by listing what he considers the criteria that differentiate language from other communication systems. His ‘design-feature’ approach, first presented in 1958, has become a popular tool by which the communication systems of non-human animals are guaranteed a priori exclusion from the notion of language. However, the results of (...) interspecific communication research and the discovery of language–like qualities in the natural communication systems of non-human animals demonstrate that language capabilities have evolved in parallel in many species. Thus Hockett’s approach is thoroughly undermined, and in need of revision. The more fundamental question that must be faced by the design-feature approach is: are its features essential for language as a distinct and vivid phenomenon, or merely applied to language as an object of linguistic investigation? This paper offers a detailed overview of Hockett’s design-features and emphasizes the problematic nature of certain characteristics. Following Slobodchikoff and Segerdahl et al., the paper shows that language cannot be defined as an exclusive quality of a single species. (shrink)
The notion of respect for autonomy dominates bioethical discussion, though what qualifies precisely as autonomous action is notoriously elusive. In recent decades, the notion of autonomy in medical contexts has often been defined in opposition to the notion of autonomy favoured by theoretical philosophers. Where many contemporary theoretical accounts of autonomy place emphasis on a condition of “authenticity”, the special relation a desire must have to the self, bioethicists often regard such a focus as irrelevant to the concerns of medical (...) ethics, and too stringent for use in practical contexts. I argue, however, that the very condition of authenticity that forms a focus in theoretical philosophy is also essential to autonomy and competence in medical ethics. After tracing the contours of contemporary authenticity-based theories of autonomy, I consider and respond to objections against the incorporation of a notion of authenticity into accounts of autonomy designed for use in medical contexts. By looking at the typical problems that arise when making judgments concerning autonomy or competence in a medical setting, I reveal the need for a condition of authenticity—as a means of protecting choices, particularly high-stakes choices, from being restricted or overridden on the basis of intersubjective disagreement. I then turn to the treatment of false and contestable beliefs, arguing that it is only through reference to authenticity that we can make important distinctions in this domain. Finally, I consider a potential problem with my proposed approach; its ability to deal with anorexic and depressive desires. (shrink)
The clonal evolution model and the cancer stem cell model are two independent models of cancers, yet recent data shows intersections between the two models. This article explores the impacts of the CSC model on the CE model. I show that CSC restriction, which depends on CSC frequency in cancer cell populations and on the probability of dedifferentiation of cancer non-stem cells into CSCs, can favor or impede some patterns of evolution and some processes of evolution. Taking CSC restriction into (...) account for the CE model thus has implications for the way in which we understand the patterns and processes of evolution, and can also provide new leads for therapeutic interventions. (shrink)
Recent developments in neuroscience have inspired proposals to perform deep brain stimulation on psychopathic detainees. We contend that these proposals cannot meet important ethical requirements that hold for both medical research and therapy. After providing a rough overview of key aspects of psychopathy and the prospects of tackling this condition via deep brain stimulation, we proceed to an ethical assessment of such measures, referring closely to the distinctive features of psychopathic personality, particularly the absence of subjective suffering and a lack (...) of moral motivation. Scrutiny of these factors reveals that two essential bioethical criteria, individual medical benefit and voluntary informed consent, cannot be met in performing neurosurgical experiments or treatments on psychopathic inmates. (shrink)
Respect for autonomy and beneficence are frequently regarded as the two essential principles of medical ethics, and the potential for these two principles to come into conflict is often emphasised as a fundamental problem. On the one hand, we have the value of beneficence, the driving force of medicine, which demands that medical professionals act to protect or promote the wellbeing of patients or research subjects. On the other, we have a principle of respect for autonomy, which demands that we (...) respect the self-regarding decisions of individuals. As well as routinely coming into opposition with the demands of beneficence in medicine, the principle of respect for autonomy in medical ethics is often seen as providing protection against beneficial coercion (i.e. paternalism) in medicine. However, these two values are not as straightforwardly opposed as they may appear on the surface. In fact, the way that we understand autonomy can lead us to implicitly sanction a great deal of paternalistic action, or can smuggle in paternalistic elements under the guise of respect for autonomy. -/- This paper is dedicated to outlining three ways in which the principle of respect for autonomy, depending on how we understand the concept of autonomy, can sanction or smuggle in paternalistic elements. As the specific relationship between respect for autonomy and beneficence will depend on how we conceive of autonomy, I begin by outlining two dominant conceptions of autonomy, both of which have great influence in medical ethics. I then turn to the three ways in which how we understand or employ autonomy can increase or support paternalism: firstly, when we equate respect for autonomy with respect for persons; secondly, when our judgements about what qualifies as an autonomous action contain intersubjective elements; and thirdly, when we expect autonomy to play an instrumental role, that is, when we expect people, when they are acting autonomously, to act in a way that promotes or protects their own wellbeing. I then provide a proposal for how we might work to avoid this. I will suggest that it may be impossible to fully separate paternalistic elements out from judgements about autonomy. Instead, we are better off looking at why we are motivated to use judgements about autonomy as a means of restricting the actions of patients or research subjects. I will argue that this is a result of discomfort about speaking directly about our beneficent motivations in medical ethics. Perhaps we can reduce the incentive to smuggle in these beneficent motivations under the guise of autonomy by talking directly about beneficent motivations in medicine. This will also force us to recognise paternalistic motivations in medicine when they appear, and to justify paternalism where it occurs. (shrink)
During the sixteenth and seventeenth centuries, plants were the object of a primarily descriptive approach: naturalists were concerned mainly with collecting and classifying. When confronted with the splendour of great herbals and florilegia, one can easily overlook the works which deal with plants from a more theoretical or philosophical perspective. This paper examines a chapter on vegetal magnetism in Athanasius Kircher’s treatise Magnes sive de arte magnetica. My analysis shows how Kircher uses the analogy with magnets to describe the various (...) features of plants. He uses analogy as an epistemological tool. In Kircher’s view, analogy is not merely an illustration, it also helps him to show how plants with all their more-or-less peculiar morphological and physiological properties can be included in the whole order of creation. (shrink)
This chapter brings a philosophical perspective to the concept of stem cell. Three general questions both clarify the concept of stem cell and emphasize its ambiguities: (1) How should we define stem cells? (2) What makes them different from non-stem cells? (3) What is their ontology? (i.e. what kind of property is “stemness”?) Following this last question, the Chapter distinguishes four conceptions of stem cells and highlights their respective consequences for the cancer stem cell theory. Determining what kind of property (...) stemness is, in what context, is an urgent question, at least for therapeutic strategies against cancers. I hope that this chapter also illustrates how philosophy can be useful to biology. -/- The Chapter starts by clarifying the notions of self-renewal and differentiation. This leads to the question “can we (and if so, how) distinguish stem cells from non-stem cells through these two properties?”. From that will follow an interrogation on whether stem cells belong to a natural kind. On this issue, biologists and philosophers have framed the following alternative: either the concept of stem cell refers to entities (the cells that belong to the stem cell natural kind) or it refers to a transient and reversible cell state. I will argue that four conceptions of stemness should be distinguished rather than two. Finally, I will develop the case of the cancer stem cell (CSC) theory in order to show why it is crucial to answer the ontological question: some therapies might or might not be efficient depending on what stemness is. (shrink)
The prospective introduction of autonomous cars into public traffic raises the question of how such systems should behave when an accident is inevitable. Due to concerns with self-interest and liberal legitimacy that have become paramount in the emerging debate, a contractarian framework seems to provide a particularly attractive means of approaching this problem. We examine one such attempt, which derives a harm minimisation rule from the assumptions of rational self-interest and ignorance of one’s position in a future accident. We contend, (...) however, that both contractarian approaches and harm minimisation standards are flawed, due to a failure to account for the fundamental difference between those ‘involved’ and ‘uninvolved’ in an impending crash. Drawing from classical works on the trolley problem, we show how this notion can be substantiated by reference to either the distinction between negative and positive rights, or to differences in people’s claims. By supplementing harm minimisation with corresponding constraints, we can develop crash algorithms for autonomous cars which are both ethically adequate and promise to overcome certain significant practical barriers to implementation. (shrink)
Reprogramming technologies show that cellular identity can be reprogrammed, challenging the classical conception of cell differentiation as an irreversible process. If non-stem cells can be reprogrammed into stem cells, then what is it to be a stem cell, and what kind of property is stemness? This article addresses this question both philosophically and biologically, states the different possibilities, and illustrates their potential consequences for science with the example of anti-cancer therapies.
Donepezil, an acetylcholinesterase inhibitor used in the treatment of Alzheimer's disease, has been widely cited in media and bioethics literature on cognitive enhancement (CE) as having the potential to improve the cognitive ability of healthy individuals. In both literatures, this claim has been repeatedly supported by the results of a small study published by Yesavage et al. in 2002 on non-demented pilots (30-70 years old). The factors contributing to this specific interpretation of this study's results are unclear.
Medical ethicists conventionally assume that the requirement to employ informed consent procedures is grounded in autonomy. It seems intuitively plausible that providing information to an agent promotes his autonomy by better allowing him to steer his life. However, James Taylor questions this view, arguing that any notion of autonomy that grounds a requirement to inform agents turns out to be unrealistic and self-defeating. Taylor thus contends that we are mistaken about the real theoretical grounds for informed consent procedures. Through analysing (...) Taylor's arguments and showing that they do not stand up to scrutiny, it is possible to defend the view that autonomy is a plausible theoretical basis for informed consent, and to enhance our understanding of the relationship between autonomy and informed consent. (shrink)
In accordance with a recent statement released by the World Health Organization, the Canadian province of Ontario is moving to ban payment for plasma donation. This is partially based on contentions that remuneration for blood and blood products undermines autonomy and personal dignity. This paper is dedicated to evaluating this claim. I suggest that traditional autonomy-based arguments against commodification of human body parts and substances are less compelling in the context of plasma donation in Canada, but that there is another (...) autonomy-based objection to paid plasma donation that has not received sufficient attention. Namely, the stigma that surrounds exchanging plasma for payment makes it difficult to make an autonomous decision to engage in this activity. I suggest that this problem can be overcome in one of two ways; by banning payment for plasma, or by reducing the stigma surrounding this practice. I provide an indication of how we might work to achieve the latter, contending that this possibility should be taken seriously, due to the difficulties in achieving a sufficient supply of plasma without remuneration. (shrink)
After a century of major technicaladvance, essentially achieved by and for theindustrialized countries, the evolution of thefood sector in southern countries should nolonger be thought of in terms of a ``headlongpursuit.'' In the present context of demographicgrowth, urbanization, poverty and disparities,environmental degradation, and globalization oftrade, new priorities have emerged, and newethical questions have been raised, mainlyrelated to sustainability and equity. Thispaper analyses these ethical concerns in thefollowing terms: can the model of food sectordevelopment initiated by the industrializedcountries be applied to (...) the entire world on asustainable and equitable basis, given theeffects of this development with regard to theenergy consumed, the changes in dietarybehavior and related nutritional problems, thenew demands in terms of food safety, thequestions of biodiversity, ownership ofknowledge, cultural identities, gender issues,and Man's relationship to food and Nature? (shrink)
The burgeoning field of biomedical research involving the mixture of human and animal materials has attracted significant ethical controversy. Due to the many dimensions of potential ethical conflict involved in this type of research, and the wide variety of research projects under discussion, it is difficult to obtain an overview of the ethical debate. This paper attempts to remedy this by providing a systematic review of ethical reasons in academic publications on human-animal chimera research. We conducted a systematic review of (...) the ethical literature concerning human-animal chimeras based on the research question: “What ethical reasons have been given for or against conducting human-animal chimera research, and how have these reasons been treated in the ongoing debate?” Our search extends until the end of the year 2017, including MEDLINE, Embase, PhilPapers and EthxWeb databases, restricted to peer-reviewed journal publications in English. Papers containing ethical reasons were analyzed, and the reasons were coded according to whether they were endorsed, mentioned or rejected. Four hundred and thirty-one articles were retrieved by our search, and 88 were ultimately included and analyzed. Within these articles, we found 464 passages containing reasons for and against conducting human-animal chimera research. We classified these reasons into five categories and, within these, identified 12 broad and 31 narrow reason types.15% of the retrieved passages contained reasons in favor of conducting chimera research, while 85% of the passages contained reasons against it. The reasons against conducting chimera research fell into four further categories: reasons concerning the creation of a chimera, its treatment, reasons referring to metaphysical or social issues resulting from its existence and to potential downstream effects of chimera research. A significant proportion of identified passages fell under Category C. We hope that our results, in revealing the conceptual and argumentative structure of the debate and highlighting some its most notable tendencies and prominent positions, will facilitate continued discussion and provide a basis for the development of relevant policy and legislation. (shrink)
This text presents a few preliminary results of research currently being conducted at the Université de Sherbrooke’s Research Institute on Educational Practices. The study seeks to understand how situations presented in teacher education can support the functioning and success of trainee teachers’ professional learning. The article’s aim is to identify the points of convergence between situations of professional activity, situations of professional learning, and training situations. The text will attempt to analyze the role that can be played by certain training (...) structures that seek to support a professionalization process that we define in terms of a general aim: the construction of professional knowledge. The originality of this research lies in that it draws on the work of Gaston Bachelard to develop a theoretical frame enabling a reading and interpretation of the results. Ce texte présente quelques résultats préliminaires d’une recherche menée présentement à l’Institut de recherche sur les pratiques éducatives de l’Université de Sherbrooke. Cette recherche vise à comprendre comment les situations présentes dans la formation à l’enseignement peuvent soutenir le fonctionnement et la réussite de l’apprentissage professionnel des enseignants en formation. Nous cherchons à identifier les points de rencontre entre les situations d’activité professionnelle, les situations d’apprentissage professionnel et les situations de formation. Nous tenterons d’analyser le rôle que peuvent jouer certains dispositifs visant à soutenir un processus de professionnalisation que nous définissons au regard d’une finalité : la construction de savoirs professionnels. L’originalité de cette recherche est la convocation des travaux de Gaston Bachelard pour élaborer le cadre théorique permettant la lecture et l’interprétation des résultats. (shrink)
The different situations encountered by a professional make up the frame of the analysis of the working activity. These situations are analyzed as learning potentiality and as development of the workers and learners . We hypothesize that different situations are to be mobilized to rethink a personal and professional route whose finality is learning and development of the worker . These situations have to be thinking like a set of opportunities to learn and to grow, in other words, as carriers (...) of formative experiences situations. These encounter of situations could taking sens by a dialogical process or dialectic established between different situations. To support this thesis, we propose to identify and characterize these carriers learning and development situations. To do this, we propose to appeal to the experiential posture of these different situations , especially some of them , which are considered to be representative and often iconic vocational training , that is to say training period. Les différentes situations rencontrées par un professionnel constituent le cadre d’analyse de l’activité du travail. Ces situations sont à analyser comme des potentialités d’apprentissage et de développement d’un sujet travailleur et apprenant. Nous faisons l’hypothèse que différentes situations sont à mobiliser pour penser autrement un parcours personnel et professionnel dont la finalité serait l’apprentissage et le développement du sujet. Les situations seraient ainsi pensées comme un ensemble d’occasions d’apprendre et de se développer, autrement dit, comme des situations porteuses d’expériences formatrices. Cette rencontre de situations prendrait sens selon un processus dialogique voire dialectique institué entre les différentes situations. Pour soutenir cette thèse, nous proposons d’identifier et de caractériser ces situations porteuses d’apprentissage et de développement. Pour ce faire, nous proposons de convoquer la posture expérientielle de ces différentes situations, en particulier certaines d’entre elles, dont on considère qu’elles sont représentatives et souvent emblématiques des formations professionnelles, c’est-à-dire les stages. (shrink)
In this paper we discuss ethical implications of the use of mobile phone apps in the control of the COVID-19 pandemic. Contact tracing is a well-established feature of public health practice during infectious disease outbreaks and epidemics. However, the high proportion of pre-symptomatic transmission in COVID-19 means that standard contact tracing methods are too slow to stop the progression of infection through the population. To address this problem, many countries around the world have deployed or are developing mobile phone apps (...) capable of supporting instantaneous contact tracing. Informed by the on-going mapping of ‘proximity events’ these apps are intended both to inform public health policy and to provide alerts to individuals who have been in contact with a person with the infection. The proposed use of mobile phone data for ‘intelligent physical distancing’ in such contexts raises a number of important ethical questions. In our paper, we outline some ethical considerations that need to be addressed in any deployment of this kind of approach as part of a multidimensional public health response. We also, briefly, explore the implications for its use in future infectious disease outbreaks. (shrink)
How internal categories influence how we perceive the world is a fundamental question in cognitive sciences. Yet, the relation between perceptual awareness and perceptual categorization has remained largely uncovered so far. Here, we addressed this question by focusing on face perception during subliminal and conscious perception. We used morphed continua between two face identities and we assessed, through a masked priming paradigm, the perceptual processing of these morphed faces under subliminal and supraliminal conditions. We found that priming from subliminal faces (...) followed linearly the information present in the primes, while priming from visible faces revealed a non-linear profile, indicating a categorical processing of face identities. Our results thus point to a special relation between perceptual awareness and categorical processing of faces, and support the dissociation between two modes of information processing: a subliminal mode involving analog treatment of stimuli information, and a supraliminal mode relying on discrete representation. (shrink)
A autora aborda o fenômeno da formação enquanto uma atividade que tende a se autonomizar dos processos realizados na instituição escolar e abrange um conjunto de práticas muito heterogêneas segundo os lugares onde são exercidas. Dentre os principais fatos e mudanças associados à formação, destaca: o desemprego, as formas de emprego em ruptura com a norma, o prolongamento da escolaridade e da inserção profissional, transição da juventude à vida adulta, análise das políticas educativas e de emprego, qualificações, competências e comparações (...) internacionais. (shrink)
This special issue of Biological Theory is focused on development; it raises the problem of the temporal and spatial boundaries of development. From a temporal point of view, when does development start and stop? From a spatial point of view, what is it exactly that "develops", and is it possible to delineate clearly the developing entity? This issue explores the possible answers to these questions, and thus sheds light on the definition of development itself.
This paper focuses on the environmental and ethical attributes of food products and their production processes. These two aspects have been recently recognized and are becoming increasingly important in terms of signaling and of consumer perception. There are two relevant thematic domains: environmental and social. Within each domain there are two movements. Hence the paper first presents the four movements that have brought to the fore new aspects of food product quality, to wit: (1) aspects of environmental ethics (organic agriculture (...) and integrated agriculture), and (2) social ethics (fair trade and ethical trade). Next, it describes how the actors in the movements (producers, retailers, NGOs, and governments) are organized and how consumers perceive each of the movements. From the perspective of the actors in the movements themselves, the movements are grouped into two “actors’ philosophies.” The first is a “radical” philosophy (the organic production and fair trade movements that arose in radical opposition to conventional agriculture or unfair trade relations), and the second is a “reformist” philosophy (the integrated agriculture and ethical trade movements that arose as efforts to modify but not radically change conventional agriculture). From the point of view of consumers, the classification of the movements is based on perceptions of the “domain” of the movements. That is, consumers tend to perceive the organic production movement and the integrated agricultural movement as a single group because they both deal with the environment. By contrast, consumers tend to group the fair trade movement and the ethical trade movement together because they both deal essentially with social ethics. Recently, key players such as large retailers and agribusinesses have adopted as part of their overall quality assurance programs both environmental and ethical attributes. Their involvement in and adoption of the goals of the movements have, however, generated tensions and conflicts. This is particularly true within the radical movements, because of concerns of cooptation. Finally, the paper identifies challenges faced by those promoting food products with environmental and social/ethical attributes as they attempt to communicate coherent signals to consumers at this crucial moment in the emergence of a mass market for these products. (shrink)
Première parution dans Intermédialités — Intermediality, Rythmer, n° 16, Automne 2010, p. 185-206. — URI : id.erudit.org/iderudit/1001962ar — DOI : 10.7202/1001962ar. Nous remercions Lucie Bourassa de nous avoir donné l'autorisation pour cette nouvelle mise en ligne. Résumé : Cet article propose un rapprochement et une confrontation entre la notion de rythme d'Henri Meschonnic et celle d'articulation de Wilhelm von Humboldt. Ces notions présentent plusieurs parentés, bien - Linguistique et théorie du langage – Nouvel article.
Ce texte a déjà paru dans B. Lindorfer & D. Naguschewski, Hegel. Zur Sprache. Beiträge zur europäischen Sprachreflexion, Tübingen, Gunter Narr Verlag, 2002. Nous remercions Lucie Bourassa ainsi que les éditeurs de nous avoir autorisé à le reproduire ici. On a maintes fois relevé des affinités entre la poétique de Mallarmé et la philosophie de Hegel. Le poète a vraisemblablement lu des textes du philosophe, il a du moins pris connaissance de quelques-unes de ses propositions grâce à son ami (...) - Linguistique et théorie du langage – Nouvel article. (shrink)
Is it possible, and in the first place is it even desirable, to define what "development" means and to determine the scope of the field called "developmental biology"? Though these questions appeared crucial for the founders of "developmental biology" in the 1950s, there seems to be no consensus today about the need to address them. Here, in a combined biological, philosophical, and historical approach, we ask whether it is possible and useful to define biological development, and, if such a definition (...) is indeed possible and useful, which definition can be considered as the most satisfactory. (shrink)
In response to Germain argument that evolution by natural selection has a limited explanatory power in cancer, Lean and Plutynski have recently argued that many adaptations in cancer only make sense at the tumor level, and that cancer progression mirrors the major evolutionary transitions. While we agree that selection could potentially act at various levels of organization in cancers, we argue that tumor-level selection is unlikely to actually play a relevant role in our understanding of the somatic evolution of human (...) cancers. (shrink)
"The last third of the twentieth century," Gerard Hauser writes, was marked by "a flurry of intellectual work aimed at theorizing rhetoric in new terms" (2001, 1). The year 1958 was key in this flurry, with five major works appearing on a rhetorically inflected philosophy and theory of argumentation: Hannah Arendt's The Human Condition (on the relationship between the vita contemplativa and vita activa); Michael Polanyi's Personal Knowledge (on the role of tacit knowledge, emotion, and commitment in science); Stephen Toulmin's (...) Uses of Argument (on the use of argument in nonformal contexts); Walter Ong's Ramus, Method, and the Decay of Dialogue: From the Art of Discourse to the Art of Reason (on the history of the .. (shrink)
The process of elaborating EU legislation includes the activity of translation. Drafting and translation cannot be considered separately but are rather two complementary activities whose aim is the quality of legislation. In order to achieve the required quality of legislation, one guiding principle is consistency of terminology. This study examines the particular case of two terms in German that appeared in the EC Treaty: Entscheidung and Beschluss. The inconsistent use of the two terms was the source of interpretative problems, as (...) observed in Case C-370/07 Commission v Council. A comparison of the contested provisions in the EC Treaty and the provisions in the Treaty on the Functioning of the European Union shows that the terminological inconsistency has been corrected. After the examination of this case, we elaborate on the impact of terminological consistency on interpretation as reflected in requests for preliminary rulings. (shrink)