The Schuman Plan was enthusiastically endorsed by the Benelux countries, France, Germany, and Italy, but the United Kingdom declined to participate, refusing to accept the supranational role of the projected High Authority. The treaty Establishing the European Coal and Steel Community (ECSC) was signed in Paris on 18 April 1951. The European Economic Community (EEC) has provided the core framework for the process of European integration. The Single European Act (SEA) also inserted into the EEC (...) Treaty a number of specific new legal bases for Community action. The treaty provisions were superseded by the Treaty on European Union (TEU), which provides the legal basis for the common foreign and security policy (CFSP). The Reform Treaty was to shed the form, language, and symbols of a European Constitution in favor of having another amending treaty, similar in nature to the SEA, Treaty of Amsterdam (TA), or Treaty of Nice (TN). (shrink)

In the post-Single European Act period, debates around European identity have intensified, particularly in the context of EU enlargement. The EU’s move to being a supranational political entity in the past two decades has caused serious concerns in some sections of the elite and people across the EU member states. While French and Dutch rejections of the constitutional treaty set an important milestone, Turkey’s quest for the EU membership has complicated to a great extent controversies on (...) class='Hi'>European identity. The reviewed books here contribute to efforts to understand the extent to which European identity and Turkey’s bid for the EU membership has entangled. It is more likely to witness debates around both European identity and Turkey’s candidacy for the Union for many years to come; therefore, these books will more likely remain relevant for the academic and policy circles. (shrink)

This chapter first outlines the general evolution of the European Union's (EU) decision‐making regime. The pattern of EU decision making has traditionally varied across policy fields to a degree that is unknown in the national constitutional law of its member states, where laws and administrative rules are usually made according to fairly standard procedures covering all policy areas. Such policy‐related variation has been a constant feature throughout the history of European integration. The chapter then examines EU legislative decision (...) making, and reviews administrative rule making by the EU institutions. The chapter then describes other relevant forms of decision making in the European Union. Finally, it shows how successive revisions of the European treaties such as Single European Act, Treaty of Maastricht, Treaty of Amsterdam, Treaty of Nice, and Treaty of Lisbon have incrementally modified the decision‐making regime of the European Union. (shrink)

A clear understanding of the concept and consequences of diversity in science and technology is a key issue for Europe, when considering the current debate on cohesion Put forward within the Single European Act. According to Article 130B of the Single Act, all European policies, including technological policies must contribute to the achievement of a greater cohesion throughout the EC.

Single-country approaches to the study of Buddhism miss the crucial significance of international networks in the making of modern Buddhism, in a period when the material basis for such networks had been transformed. Southeast Asia in particular acted as a dynamic crossroads in this period enabling the emergence of a ?global Buddhism? not controlled by any single sect, while India and Japan both played unexpectedly significant roles in this crossroads. A key element of this process was the encounter (...) between Asian Buddhist networks and western would-be Buddhists. Those involved, however, were often marginal - ?creative failures? in many cases - whose stories enable us to think this history in a more diverse way than is often done. In other cases as isolated figures they could pave the way for the ?mainstreaming? of new forms of Buddhism by established actors in later decades. This article introduces the special issue of Contemporary Buddhism entitled ?A Buddhist crossroads: pioneer European Buddhists and globalizing Asian networks 1860?1960?. The research described in this issue often raises other methodological questions of representativity and significance, while posing important challenges around collaborative research and the use of new technologies. (shrink)

The acceleration and qualitative change of West European integration in the 1980s — as evidenced by the Single European Act — were big events of the world political economy of that decade. They not only paved the way for political union, but also altered the competition in the Triad — United States, Western Europe and Japan. This article analyzes the relaunch of the European Community and later European Union in the framework of conflictive evolutionary theory. (...) Two elements of that theory are combined to explain the timing, the forces behind and the actors involved. The arguments are developed from the theory of the rise and decline of societal models and from the theory of competition among governments in the world market for social order and protection. The thesis of an elite argain among European transnational corporations and the EC-Commission is exposed ana briefly confronted with empirical evidence from the author's research. The article also reflects the competitive position of Western Europe in the Triad and draws conclusions for the future structure of the core: no hegemon similar to Britain's and America's position in the past will emerge since the systemic conditions have changed. (shrink)

This article examines, in a comparative perspective, the integration policy of the two, in many respects, very similar, neutral states, with particular emphasis on the period after the signing of the Single European Act. Despite the converging political and economic objectives, the decisions of both countries were determined by different economic and political conditions. For Austria, the integration processes were perceived as an important step, towards reconstruction of the economy, the abolition of trade barriers with the most important (...) economic partner. In political terms integration – enhanced Austria’s position within European Community. Unlike the Austrian Government, the authorities in Bern have acted under much more polarized conditions. Neutrality played still very important role in its international policies and the social fears connected mostly to the loss of political and economic independence were vivid. The Swiss authorities were thus forced to choose the bilateral path, which was not preferred by EU countries, but more socially acceptable, and therefore easier to implement. (shrink)

One of the consequences of improper management of European businesses, set solely on profit, is the global financial crisis, felt even today by many societies. Previous negative experience has led to a growing interest in the world at present, in the model in which employees are guaranteed involvement in the management of transnational entities. A new, universal legal framework for the functioning of this model has been created by the European Union. Instead of creating a single transnational (...) legal system, it was decided to create a model for employee involvement in management by coordinating national systems. The aim of this study is to analyse the terminology related to the issue of workers’ involvement in the management of European business entities. This analysis will aim to determine whether the legal language used in the EU regulations and directives relating to workers’ involvement in management and implementing acts allows coordination between legal systems of the Member States. In this context, it is particularly important to determine whether the terminology used in EU acts is consistent with the terminology used in Polish implementing laws and how EU terminology fits into current understanding in the Polish legal tradition of institutions of employee involvement in the management of the workplace. (shrink)

Interest in business ethics is not new in Britain and has been increasing recently. Business companies have responded over the years with various organisational initiatives, including the British Institute of Management and the Christian Association of Business Executives; and interest in corporate mission statements and codes of conduct is growing. As a formal subject for study and teaching, however, business ethics is still in a rudimentary form, dependent on work in the United States. However, official reports, conferences, and new Centres (...) are indicators of growing interest. As teaching begins to develop British business ethics has to identify its own agenda, and especially in the light of 1992 and the implementation of the Single European Act. (shrink)

The amount of European level organized interest groups has dramatically increased since the Single European Act came into force in 1987. In 1995 approximately 3000 lobby-groups, employing 10.000 lobbyists, are based in Brussels. This has resulted in a complex arrangement of European interest intermediation and caused important constraints on decision making procedures and institutional actors. The first part of this article offers a discription and evaluation of this proliferation and diversification of European interest groups. It (...) alsosuggests a classification of all European interest groups including professional lobbyists and actors that defend their interests by themselves. The second part gives a discription of the way in which both European Parliament and Commission have dealt with this proliferation and assesses the differences in approachbetween both institutions. (shrink)

Background:Moral courage is defined as courage to act according to one’s own ethical values and principles even at the risk of negative consequences for the individual. In a complex nursing practice, ethical considerations are integral. Moral courage is needed throughout nurses’ career.Aim:To analyse graduating nursing students’ moral courage and the factors associated with it in six European countries.Research design:A cross-sectional design, using a structured questionnaire, as part of a larger international ProCompNurse study. In the questionnaire, moral courage was assessed (...) with a single question (visual analogue scale 0–100), the questionnaire also covered several background variables.Participants and research context:The sample comprised graduating nursing students (n = 1796) from all participating countries. To get a comprehensive view about graduating nursing students’ moral courage, the views of nurse managers (n = 538) and patients (n = 1327) from the same units in which the graduating nursing students practised were also explored, with parallel questionnaires.Ethical considerations:Ethical approvals and research permissions were obtained according to national standards in every country and all participants gave their informed consent.Results:The mean of graduating nursing students’ self-assessed moral courage was 77.8 (standard deviation 17.0; on a 0–100 scale), with statistically significant differences between countries. Higher moral courage was associated with many factors, especially the level of professional competence. The managers assessed the graduating nursing students’ moral courage lower (66.5; standard deviation 18.4) and the patients slightly higher (80.6; standard deviation 19.4) than the graduating nursing students themselves.Discussion and conclusions:In all countries, the graduating nursing students’ moral courage was assessed as rather high, with differences between countries and populations. These differences and associations between moral courage and ethics education require further research. (shrink)

Europe is a melting pot of diverse cultures, civilizations and amalgamation of various ethnicities. It is a land which faced many catastrophes, high intensity conflicts and wars. Two world wars have been fought on this land. Almost all the major nations participated directly or indirectly at massive scale. Franco-German axis is a term to explain the relations of both the countries in the context of their mutual cooperation and their significant role in contemporary political affairs of Europe. Post war era (...) 1945, congenial atmosphere of synchronization between both the countries replaced three century old French- German hostility. This tandem performed active role not only in the politically integrated European nation but also they played a vital role in the formation of single currency euro as well. Comparatively their functioning is becoming slow but they are still necessary for future of Europe. It is a general impression that the FrancoGerman alliance is facing critical phase, or in other words they are no longer being capable to act as the twin motor of European integration but Euro pe do not have an appropriate replacement. As far as the future of Franco-German relationship or leadership is concerned it acted necessary of European Union’s twin motor in the past but in recent years national interest became more supreme than the interest of European Union as a whole. (shrink)

This paper examines the creation of independent agencies within the EU, such as the European Environment Agency and the European Central Bank. Majone and others have argued the case for European regulatory agencies. Such agencies can provide for continuity, expertise, accountability and effective authority – in short, an institutionalisation of responsibility. Against this optimism, I argue that a dilemma of institutional design naturally arises from the agencies’ situation in the EU. On the one side, we risk creating (...) powerful agencies that institutionalise monomania– that is, agencies that single-mindedly and all-too-effectively pursue narrow agendas, inadequately checked by other bodies. On the other, we are also likely to encounter relatively impotent agencies which institutionalise schizophrenia– that is, agencies that must scout around for audience and support, and hence are unable to act effectively. (shrink)

The European model of the constitutional review of legislation, characterized by the concentration of the constitutional review power in a single constitutional court, had its origin in the Austrian Federal Constitution of 1920. This is all the more remarkable when one considers that this Constitution established at the same time a parliamentary system of government in a fairly radical form. As the author explains, this “invention” of a constitutional court is attributable to two factors. One factor is the (...) federal aspect. The Court was conceived by the framers of the Austrian Federal Constitution of 1920 as an umpire between federal legislation and the legislation of the states or Länder. In this respect it was meant as a substitute for the principle of the priority of federal law over state or Land law. This is manifest in the initial draft of the Constitution, where actions on questions of the constitutionality of legislation could only be brought by the Federal government (against the legislation of one or another of the states or Länder) and by the State or Land governments (against federal legislation). Right from the beginning, however, the Court could examine a parliamentary act ex officio when it had to apply such an act in another proceeding. It was this power of the Court that triggered the development of constitutional review. Its exercise gradually transformed the Court into a guardian of the Constitution as a whole, in particular, the fundamental rights of citizens. The author traces this development in the context of the concept of state and law that prevailed in the late nineteenth and early twentieth century. This concept included specific restrictions on constitutional review. On the basis of a different understanding of the functions of a constitution, the Court gave up these restrictions and followed the examples of the European Court of Human Rights, the German Constitutional Court and—indirectly—the American Supreme Court. (shrink)

The aim of the Directive 2005/29 on unfair commercial practices is to contribute to the proper functioning of the internal market and achieve a high level of consumer protection by way of approximation of the laws, regulations and administrative provisions of Member States relating to the elimination of these practices. As announced to the European Commission’s Green Paper, the Commission felt that the existing regulations in the Member States in that the regard to show significant differences causes legal uncertainty (...) and barriers to the operation of the internal market, including building consumer confidence in cross-border transactions. The advantage of the full unification of the law is to strengthen the autonomy of Community law, the achievement of effectiveness. It is questionable whether it is due to the subject matter which is the maximum harmonization discussed act will actually serve to protect economic interests of the consumer. In particular, it undermines the treaty-legal basis, which clearly is aimed at strengthening the single market. Also changes in the Lisbon Treaty, particularly Article 3 TEU, are aimed at establishing the internal market. In the last judgments, like on 9 November 2010 we find that Directive 2005/29 must be interpreted as precluding a national provision, which lays down a general prohibition on sales with bonuses and is not only designed to protect consumers but also pursues other objectives. Does the new act in consequence of the implementation of the national member states give great scope for the flexible operation and may become an effective instrument of pressure to improve business practices? (shrink)

At M. Bernard's I saw several magnificent paintings on porcelain by Monsieur Constantin. In two hundred years, Raphael's frescoes will be known only through Monsieur Constantin.Stendhal, Voyage en France, 1837If we compare the forms that the act of copying has assumed in various civilizations, we cannot fail to notice that a certain number of phenomena are specific to European culture since the Renaissance. Perhaps one of the most singular of these phenomena is the will to create and to possess (...) imperishable reproductions of works that have been singled out, at a given moment, as the brightest jewels of Western art. The history of the fortune of Graeco-Roman sculptures has been masterfully related by Francis Haskell and Nicholas Penny in Taste and the Antique: The Lure of Classical Sculpture 1500-1900, even if it would no doubt be worthwhile to give further consideration to the critical fortune of materials used for reproduction, and particularly to the particular prestige attached to bronze—from the Mantuan works of Antico to the reconstitutions of Greek Urbilder in bronze, instead of the plaster used earlier, which were executed at the beginning of the twentieth century, such as the two Doryphoros that Georg Römer realized from various ancient marble copies of Polyclitus's athlete. But, in fact, it was not only in modern Europe that copies were made in bronze. The production of copies using this alloy was particularly prevalent in imperial China after the rediscovery, in the second half of the eleventh century of our era, of a collection of archaic bronzes from the Shang era. This is why I prefer to call attention to a practice that appears to me, in contrast, to be unique to the Western world: the copying of renowned paintings in materials that are supposed to defy time. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Caught Between History and ImaginationVico's Ingenium for a Rhetorical Renovation of CitizenshipAlessandra Beasley Von BurgCitizenship is usually thought of as synonymous with nationality and the rights and duties associated with the people who live, work, and participate politically, socially, and economically within the borders of their nation-state. In this conception, the main criterion used to decide who is and who is not a citizen is nationality. As the nature (...) of nation-state governance evolves and the acceleration of citizen mobility hastens interdependence, pressures for new definitions and paradigms of citizenship build. As Joseph Weiler argues, this pressure produces cognitive dissonance because "the traditional, classical vocabulary of citizenship is the vocabulary of the State, the Nation and Peoplehood" (qtd. in La Torre 1998, 1).1 The classical association of citizenship with nationality blocks our ability to grasp new, nonstatist conceptions of citizenship, even as postnational political visions take shape in institutions like the European Union (EU).2 In 1992, EU citizenship was established in the Treaty of Maastricht, which granted some additional rights to citizens of the member states in the same way that single nation-states grant their inhabitants special status as nationals, rights that are not nullified when citizens leave their home country to live and work in other member states.3 [End Page 26]The relationship between nationality and citizenship in the EU context is complicated by the fact that although Maastricht guidelines set postnational membership criteria for EU citizens, they also limit the scope of EU citizenship. In trying to reach beyond the nation while anchoring its very essence to the nation, EU citizenship remains limited as it relies on the traditional language of national membership to found its postnational concept of equality and inclusion for noncitizens. The contradictory elements of EU citizenship are exemplified in its current definition, which includes all member states' citizens and excludes millions who are living in Europe as third-country nationals (TCNs), defined as "any person who is not a citizen of one of the member states" of the EU but permanently and legally resides in one.4 The current debate over the status of legal, long-term TCNs challenges the relationship between citizenship and nationality, as advocates from EU institutions, national governments, nongovernmental organizations and academia argue that TCNs should be granted EU citizenship rather than be naturalized in the member states and push for a new, postnational mode of citizenship based on residency. Advocates for the inclusion of TCNs as EU citizens have to work with the limited vocabulary of national citizenship yet articulate a case for a new kind of citizenship divorced from nationality. They suggest that the EU should be viewed as a deliberative community, in which all long-term residents like TCNs are given an equal opportunity to practice citizenship. The deliberative community rationale is based on an idea of citizenship as performance with residents enacting citizenship by living together and deliberating with each other about common interests and concerns.5This reordering of the concept of community arising out of political practice calls for a full philosophical and rhetorical reimagining of the meaning of citizenship. The act of reimagining citizenship creates a new practice of citizenship and grounds citizenship in a philosophical context as well as a practical one. There is no better philosophical and rhetorical tradition to turn to for this purpose than that of Giambattista Vico. Vico, and to a larger extent the entire tradition of Italian humanism, has been overlooked in modern Western philosophy. Yet Vico embodies a seamless marriage of philosophy and rhetoric. Vico's philosophically grounded rhetoric provides the means in an investigation of EU citizenship as an innovative rhetorical practice beyond nationality, for understanding how new practices become persuasive through imaginative language, until citizens separate citizenship from nationality and accept residence and deliberative practices as legitimate criteria for citizenship. Vico argues that "every study method [End Page 27] may be said to be made up of three things: instruments, complementary aids, and aim envisaged" and notes that "the instruments presuppose and include a systematic, orderly manner of proceeding" (1990, 6). This essay proceeds in this fashion to reveal how a new vocabulary of citizenship... (shrink)

If the discourse of manners and customs aspires to a stable fixing of subjects and systems of differences, however, its project is not and never can be complete. This is true if only for the seemingly trivial reason that manners-and-customs descriptions seldom occur on their own as discrete texts. They usually appear embedded in or appended to a superordinate genre, whether a narrative, as in travel books and much ethnography, or an assemblage, as in anthologies and magazines.6 In the case (...) of travel writing, which is the main focus of this essay, manners-and-customs description is always in play with other sorts of representation that also bespeak difference and position subjects in their own ways. Sometimes these other positioning complement the ideological project of normalizing description, and sometime they do not.In what follows, I propose to examine this interplay of discourses in some nineteenth-century travel writing chiefly about Africa. While Barrow’s work is not prominent on anybody’s mental bookshelves these days, readers will recognize such names as David Livingstone, John Speke, James Grant, Richard Burton, Mungo Park, or Paul Du Chaillu. During the co-called opening up of central and southern Africa to European capitalism in the first half of the nineteenth century, such explorer-writers were the principal producers of Africa for European imaginations—producers, that is, of ideology in connection with the European expansionist project there. What I hope to underscore in these writings is not their tendency towards single, fixed subject positions or single, fixed systems of difference. Rather, I wish to emphasize the multiplicity of ways of codifying the Other, the variety of fixed positions and the variety of given sets of differences that they posit. European penetration and appropriation is semanticized in numerous ways that can be quite distinct, even mutually contradictory. In the course of examining discursive polyphony in these travel writings, I hope to stress the need to consider ideology not only in terms of reductive simplification but also in terms of the proliferation of meanings. 6. Ethnographies would seem to be a counterexample to this claim, but in fact one can fairly easily show that ethnographic writing is inextricably tied to personal narrative. Indeed this tie is a symptom of a serious contradiction between ethnographic methods and ethnographic discourse. See my “Fieldwork in Common Places,” in Writing Culture: The Poetics and Politics of Ethnography, ed. James Clifford and George Marcus . Mary Louise Pratt is an associate professor in the Department of Spanish and Portuguese and the Program in Comparative Literature at Stanford University. She is author of Toward a Speech-Act Theory of Literary Discourse and is a member of the editorial boards of Poetics, Signs Tabloid, and Cultural Anthropology. (shrink)

Contemporary notions of what constitutes tribal self government for Indigenous Peoples in the legal systems of the nation-states Canada, New Zealand and the United States of America have their origins in philosophies and theories developed by European nation-states generally, in relation to their colonial expansion into what is now called the Americas. This thesis examines the nature of these theories, and how they have formed the basis for legal precedent and public policy in the three nation-states. A representative analysis (...) of three contemporary issues will serve to illustrate the outcome of this legal/political history. I look at three sites. These are the British Columbia Treaty Process in Canada, the Waka Umanga legislation in New Zealand, and legal developments arising from the Indian Reorganization Act in the United States. Full sovereignty from an Indigenous Peoples worldview existed for Indigenous nations, and with it, self government. The notion of self government as a viable and contemporary public policy initiative is well grounded in law and history. It would seem that current initiatives to acknowledge this inherent right are more about preserving colonial hegemony rather then engaging in honest negotiation. Current initiatives are converging into a single public policy goal; namely the corporatisation of Indigenous Peoples legal personality and self governing capacity. What used to be distinct nation-state development now seems to be a four nation-state (CANZUS) unified plan being implemented on four different fronts. Clearly, from the legal history, self government is something fundamentally different from self-management. The advent of Legal Positivism has played a significant role in assumptions that inherent sovereignty and self government never existed under European legal systems. The framework of tribal self governance must be viewed in the context of the values of the specific People to be a true expression of an Indigenous Nation exercising self government. This fundamental distinction can be traced back to the legal history. The foundational laws regarding interactions with Indigenous Peoples were developed under theories of natural law. The contemporary state practice is conducted under positivist law, with a nod toward developing human rights standards. Only through continued advocacy for the legal recognition of inherent rights will the nation-states be challenged on their self management agenda. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Caught Between History and ImaginationVico's Ingenium for a Rhetorical Renovation of CitizenshipAlessandra Beasley Von BurgCitizenship is usually thought of as synonymous with nationality and the rights and duties associated with the people who live, work, and participate politically, socially, and economically within the borders of their nation-state. In this conception, the main criterion used to decide who is and who is not a citizen is nationality. As the nature (...) of nation-state governance evolves and the acceleration of citizen mobility hastens interdependence, pressures for new definitions and paradigms of citizenship build. As Joseph Weiler argues, this pressure produces cognitive dissonance because "the traditional, classical vocabulary of citizenship is the vocabulary of the State, the Nation and Peoplehood" (qtd. in La Torre 1998, 1).1 The classical association of citizenship with nationality blocks our ability to grasp new, nonstatist conceptions of citizenship, even as postnational political visions take shape in institutions like the European Union (EU).2 In 1992, EU citizenship was established in the Treaty of Maastricht, which granted some additional rights to citizens of the member states in the same way that single nation-states grant their inhabitants special status as nationals, rights that are not nullified when citizens leave their home country to live and work in other member states.3 [End Page 26]The relationship between nationality and citizenship in the EU context is complicated by the fact that although Maastricht guidelines set postnational membership criteria for EU citizens, they also limit the scope of EU citizenship. In trying to reach beyond the nation while anchoring its very essence to the nation, EU citizenship remains limited as it relies on the traditional language of national membership to found its postnational concept of equality and inclusion for noncitizens. The contradictory elements of EU citizenship are exemplified in its current definition, which includes all member states' citizens and excludes millions who are living in Europe as third-country nationals (TCNs), defined as "any person who is not a citizen of one of the member states" of the EU but permanently and legally resides in one.4 The current debate over the status of legal, long-term TCNs challenges the relationship between citizenship and nationality, as advocates from EU institutions, national governments, nongovernmental organizations and academia argue that TCNs should be granted EU citizenship rather than be naturalized in the member states and push for a new, postnational mode of citizenship based on residency. Advocates for the inclusion of TCNs as EU citizens have to work with the limited vocabulary of national citizenship yet articulate a case for a new kind of citizenship divorced from nationality. They suggest that the EU should be viewed as a deliberative community, in which all long-term residents like TCNs are given an equal opportunity to practice citizenship. The deliberative community rationale is based on an idea of citizenship as performance with residents enacting citizenship by living together and deliberating with each other about common interests and concerns.5This reordering of the concept of community arising out of political practice calls for a full philosophical and rhetorical reimagining of the meaning of citizenship. The act of reimagining citizenship creates a new practice of citizenship and grounds citizenship in a philosophical context as well as a practical one. There is no better philosophical and rhetorical tradition to turn to for this purpose than that of Giambattista Vico. Vico, and to a larger extent the entire tradition of Italian humanism, has been overlooked in modern Western philosophy. Yet Vico embodies a seamless marriage of philosophy and rhetoric. Vico's philosophically grounded rhetoric provides the means in an investigation of EU citizenship as an innovative rhetorical practice beyond nationality, for understanding how new practices become persuasive through imaginative language, until citizens separate citizenship from nationality and accept residence and deliberative practices as legitimate criteria for citizenship. Vico argues that "every study method [End Page 27] may be said to be made up of three things: instruments, complementary aids, and aim envisaged" and notes that "the instruments presuppose and include a systematic, orderly manner of proceeding" (1990, 6). This essay proceeds in this fashion to reveal how a new vocabulary of citizenship... (shrink)

The article is a response to the criticism of “conceptual Eurocentrism” expressed in the paper by A.A. Krushinsky at the Round Table on the Geography of Rationality on April 25, 2019. It deals with the main thesis of A.A. Krushinsky that in cross-cultural philosophical studies the Western conceptual matrix currently defines a single conceptual space for all participants, the language of Western philosophy acts as a trans-civilizational language in the world philosophy. The author of the article agrees with the (...) main thesis, however she does not agree with its arguments and two consequences: (a) it is necessary to consider Western rationality as “rationality as such,” and (b) there is no multi-polarity in the current philosophy though there are a lot of traditions of philosophical discourse, which identify and articulate themselves by means of Western conceptuality (that is why we may speak on so-called “philosophical geography” only). The arguments do not stand comparison with the search of future philosophy, conducted now by the world philosophical community. The search is aiming to equality of all philosophical traditions. The article proves that conceptual Eurocentrism is not so much a danger as an objective necessity. Its spread is a manifestation of tendency to creative mutual borrowing of cultural inventions. The tendency always had place, but it was not so obvious in the conditions of preglobal history. The consequences of Krushinskiy’s thesis are refuted by the evidence that the Western philosophers denied to use the concept universal rationality and began studies of the various types of rationality. The author also provides an example of the creative borrowing and use of European concepts “rationality,” “positive knowledge,” “truth,” “scientific method,” “hypothesis” by the Indian philosopher of science B. Seal, who applied these concepts to the Indian material. (shrink)

The variety and complexity of the eight papers in this Symposium issue are evidence that immigration is a tough nut to crack both as a matter of policy and application. There is no way that any short summary can do justice to these papers, which take a variety of moral, economic, historical, and empirical approaches to some of the recurrent issues in the field, so it is best in this short issue to try to situate the problem in a general (...) classical liberal context, to show where the pressure points are most likely to appear.The initial way to approach this problem is to start with the simple proposition that the world today is divided into national territories where the practical norm is well-nigh universal: That each sovereign state has exclusive control over its own territory, which, among other things, allows it to decide which individuals are members of that state. These citizens have privileges that may be exercised, no questions asked, on such key matters as entering labor markets, owning property, voting, and otherwise participating in political affairs. All these activities may be denied or granted, at will, to any and all outsiders by the territorial sovereign.No one doubts the need for having some form of territorial control. The need to have some monopoly of force could not be achieved if the entire world, with its infinite diversity of locations and populations, were under a single sovereign. Indeed, in many cases, the divisions within a given country may be so pronounced that separation rather than aggregation is the norm. Thus, at the end of the British Raj, India split into India and Pakistan, and later Pakistan split into Pakistan and Bangladesh. Less dramatically, Czechoslovakia split into two countries, the Czech Republic and Slovakia, while the former Yugoslavia split into five nations, starting from the northwest: Slovenia, Croatia, Bosnia and Herzegovina, Serbia, and Macedonia. Clearly, these ethic differences, be they large or small, are a major obstacle to the expansion of the size of the state. And today, the territorial instinct reasserts itself as the member states of the European Union impose more restrictions on immigration.Yet at the same time, the normative foundations of this system seem elusive. There is the following deep skepticism about the importance of these borders, expressed in these essays by Jeremy Waldron and Ilya Somin, that these national boundary lines should have such a pronounced role in political economy. Michael Blake pursues this theme further by asking the extent to which classical liberals can justify exclusion through the use of violence—or is it force? The inquiry into the dominant role of territoriality can then be expanded, as by Peter Margulies, to examine all sorts of negative externalities that could be created both by easy and strict rules of admission.Taken as a whole, there is no doubt that these national barriers are a serious obstacle to the free trade in goods and services between two individuals, one inside the boundary and one outside. The general view is that these barriers block the gains from trade, which is what drives economic progress, so that ideally all tariffs and quantitative restrictions should give way to a system of free trade in which petty objections by domestic competitors of foreign firms should not dictate local policies.It should, of course, be evident that powerful conflicting forces on free trade and protectionism ebb and flow over time. It should therefore come as no surprise that the stakes are even higher where what is at stake is the movement of people across national boundaries. The loss to any given country from keeping out potential citizens can be enormous, and we see powerful political forces clamp down on open immigration, so many of these gains from trade are lost. The situation can be even more heartbreaking when the ability to leave a country exposes innocent people to imprisonment or death.So what is the explanation for so many nations closing their borders? Much of the explanation comes from old-fashioned protectionism. Your computer programmers will take the jobs of our specialists. There is all sorts of occupational licensing and other barriers to entry within a domestic economy, so there is no reason to expect that these forces will not exert even greater influence against outsiders who do not, after all, have a voice in the local economy and who, therefore, as Alex Nowrasteh, Michael Howard, and Andrew Forrester observe, have little ability to influence domestic policy even after they enter a country. In addition, as Gabriel Chin discusses, strong racial prejudices also lead to exclusions from the domestic economy. Not only are there objections in, say, the United States and much of Western Europe, of exclusion on straight racial grounds, as exemplified by Chinese exclusion acts. The force of these exclusions are also subject to political change. Thus, the Immigration Act of 1924 (the Johnson-Reed Act) was part of a white supremacist program, which gave way two decades later to a very different legal regime with the Immigration Act of 1965, which put an end to the venerable system of national-origin quotas.Yet two other reasons for exclusion are constantly at issue. Immigrants not only bring in their labor but also their families, cultures, and traditions that, in public spaces, may clash with local norms and cultures on such elementary and critical matters as to whether women should dress modestly and wear head coverings. Will freewheeling Danes and Swedes feel comfortable if large numbers of Muslims continue their traditional practices with strong barriers between men and women? There are no obvious market mechanisms that will mitigate these issues, and the situation becomes even more fraught if there are large welfare or educational costs that fall, at least in the short run, on local citizens. These are compounded by the fact that immigrants will typically gain political rights that could easily skew the balance of political power between established and newly arrived ethnic groups by altering the outcome of national and local elections. And letting people in is not just done on a simple open-borders policy. Thus, in many countries, as Lance Pritchett discusses, there is the controversial option of letting foreigners in on short-term labor visas that require them to leave after a certain period. And there are further questions about whether people should be deported if they lied on their entry applications or committed some crime while in the new country, as has occurred in the United States. The numbers of cases can be high and their complexity great, so it is fair to ask, along with Jill Family, whether some self-conscious exceptions to the Administrative Procedure Act of 1946, analogous statutes elsewhere, should be regarded as part of the new normal.It is therefore necessary to deal with the thrust and counterthrust on all these issues. It is also fair to ask whether classical liberalism has a distinctive view on these issues, or whether the combination of private gains and multidirectional externalities gives rise to empirical questions that, as always, require further reflection, even when certain situations—the major influx of illegal immigrants on the US southern border—will generate such powerful emotions that detached intellectual inquiry is ever more difficult. We cannot answer these questions, and thus offer to you a set of essays that take a stab at these difficult topics. (shrink)

The relevance of the study lies in the fact that in modern conditions globalization acts as the main trend in the development of the modern world; this is noted at the Davos forum in 2019. Development of all spheres of society, the state and the person - from politics, economics - to sports and gender equality. The problem of the research - globalization in sport - is transformation of sport into a global phenomenon, universal in nature, which has significant impact (...) on all aspects of society. Therefore, the scope of dispute and sports culture act as an object of scientific research. Sport stimulates and forms social and cultural reflection on a world scale, reviving the idea of interdependence of humankind in sport and through sport. Unity is formed due to a variety of factors, including a network of communication technologies of financial, political and cultural interdependencies, new cultural forms of interaction that give impetus to sports interactions, forming a single global market for goods, services, behavioral standards, models of sociality, formation of modern values achieving sports success. Problem of globalization in sports is associated with Eurocentric’s, based on formation of European values of sports, sports culture and sports success, and in general sports management. The object of the research is sports management as a condition for the development of sports culture in the context of globalization 4.0. The objectives of the research are to analyze new trends in the global mankind development that influence sports development and culture, contribute to self-fulfillment of a person from the physical and spiritual side as a priority of creative person. Methods - analysis and synthesis, abstraction, cross-cultural analysis, logical and historical, comparative analysis contribute the penetration into complex phenomena and processes of modern reality associated with sports in context of globalization. Results. Globalization is changing usual way people in sports, along with many advantages, has number of negative, painful problems associated with overt commercialization. Globalization has entered single microsystem structure as a process of integration and economic exchange; global artifacts are present in sports management, to extent that sport is institutionalized on the scale of global sports communities. The form of sports globalization refers to specific way that structuring problems of sports take place and their transfer to the globalization level of problem solving, that is, global and local integration takes place. Conclusion. Globalization means increase in available methods of organizing sport events, which requires formation of sports concept management - transnational, international, interregional, macro-rational, regional municipal, local organizations require improvement of sports management. This ladder of administrative levels is cut through the functional networks of corporations, international organizations and non-governmental organizations, as well as number of professional international organizations. Internationalization of sports is being determined by globalization. (shrink)

Photo by Tingey Injury Law Firm on Unsplash ABSTRACT The coverage of healthcare costs allegedly brought about by people’s own earlier health-adverse behaviors is certainly a matter of justice. However, this raises the following questions: justice for whom? Is it right to take people’s past behaviors into account in determining their access to healthcare? If so, how do we go about taking those behaviors into account? These bioethical questions become even more complex when we consider them in the context of (...) a commitment to publicly funded, universal healthcare coverage. INTRODUCTION Healthcare coverage of lifestyle-related conditions is certainly a matter of justice. However, this raises the following justice-related question: Is it right to consider people’s past behaviors in determining their access to healthcare? If so, the methods of taking those behaviors into account must be fair and justifiable. This bioethical question becomes even more complex when we consider it in the context of a commitment to publicly funded, universal healthcare coverage. This paper takes an old, classic debate, evaluates newer approaches, and offers an argument favoring a combined approach which alters the liberal-egalitarian solution to account for social justice. ANALYSIS l. Causes of Disease If healthcare coverage were universal, irrespective of socioeconomic status and lifestyle, people would contribute to the cost of remedying the lifestyle-induced health problems of others. In the West, lifestyle-related diseases are burdensome.[1] This paper approaches this concern from a western lens that incorporates both a European tradition of “social safety nets” and an American tradition of personal freedoms. By taking such an approach, solutions to the consequences of one’s past behavior burdening others must consider an individual’s personal freedom to choose to act as he or she wishes, with the distributive social and economic equality of the many. The concept of disease caused by lifestyle and diet is proven. Many health conditions include behavioral risk factors. Multi-pack smoking increases the risk of chronic lung disease, while obesity increases the risk of type 2 diabetes. Inattention to high blood pressure, high cholesterol, and a lack of exercise leads to increased risks of coronary artery disease.[2] While poor lifestyle choices certainly influence these conditions, their causes are multifactorial, and it is difficult to say that any single string of poor choices led to their development. In a scenario where two men excessively eat fast food for 20 years, several discrete factors impact whether any of them might suffer an ischemic-embolic stroke or not. Genetics, circumstances, and activity will also contribute to outcomes. ll. Alcohol-Related End-Stage Liver Disease One paper suggests that alcohol-related end-stage liver disease (ARESLD) differs from other multifactorial disorders as alcohol alone causes the disease.[3] It justifies attributing personal responsibility to patients with ARESLD because the condition develops only after the cumulative effects of large quantities of alcohol consumed from years to decades.[4] However, the paper undermines its position by admitting that even the susceptibility to becoming an alcoholic has some degree of genetic predisposition.[5] Given the extreme scarcity of donor livers, some patients may be prioritized over others on the transplant waiting list. Since donor livers cannot be given to everyone, transplanting a liver into an alcoholic may result in death for competing candidates whose liver disease was not their fault. All else being equal, if bioethicists avoid claiming moral deficiency or judgment, those with apparently self-inflicted ARESLD will not be deprived of treatment but will have a lower priority for transplant.[6] In contrast, another position suggests that it is often difficult to define what behaviors are punishable as these are largely personal and value-laden.[7] Still, people do not support using their own resources to support the consequences of others’ poor choices, no matter how objective.[8] In democratic societies, one must take into consideration community morals and values.[9] Even if we were to punish people for their health-adverse behaviors, we could not logistically employ the vigorous and sustained efforts necessary to determine whose actions are morally weak.[10] lll. The Liberal-Egalitarian Proposal One past argument proposes a liberal-egalitarian solution to manage personal responsibility for so-called “lifestyle diseases.”[11] This Rawlsian system combines the European-style “social safety net” commitment to social and economic equality with the American liberal notion of pluralist toleration and personal freedoms. This idealized system aims to hold people responsible for their choices rather than the consequences to mitigate the downside of blaming those who might not be blameworthy. The approach avoids determining the questionable nature of luck and personal responsibility for health outcomes, fairness in the distribution of economic burden, and the intrusiveness required to practically determine who acts in a morally wrong and health-adverse way. The liberal-egalitarian model, a theory of distributive justice, has two facets: the liberal principle that people should be held accountable for their choices and the egalitarian principle that people who make the same choices should have the same outcomes.[12] This model attempts to fuse responsibility with equity by seeking to reward good behavior and tax bad behavior rather than punish the consequences of the action and navigate who deserves treatment. For instance, the hospital bedside is not the appropriate place to introduce responsibility for one’s health outcomes.[13] This appeals to the reality that, at that time, discerning the true causes of disease was not plausible and to humanity in avoiding a heartless and cruel approach. An argument in favor of the liberal-egalitarian model considers its method of implementation. This approach assumes that the healthcare system treats all individuals regardless of their choices or ability to cover costs. The liberal-egalitarian model also assumes that a certain adverse health condition is related, statistically speaking, to the consumption of a certain good and that good can be taxed. As such, it proposes to tax the consumption of that good to finance the collective burden which arises from that good’s consumption rather than require individuals to pay for their own treatment. In the example of ARESLD, the recommended solution would be taxing all alcohol. While a systematic infrastructure is not explicit, there is the implication that a per-unit tax can be imposed on alcohol so the total tax revenue would make up for the additional healthcare costs due to consumption.[14] Upholding the principle that all people who make the same choices should face the same costs, all consumers of alcohol would pay the same tax, regardless of factors such as genetic predisposition to alcoholism, lifestyle, or expected cost of treatment. Upholding the principle of individual responsibility, this model does not deny treatment to anyone, neutralizing factors outside that individual’s control by imposing the tax ex-ante. Other people are not burdened by those who consume the good. People who consume alcohol face a burden proportional to the amount consumed. This tax-based implementation is justified so long as the tax is not prohibitively high for the average consumer. Further, the model mitigates concerns over the intrusiveness of ascribing morality to health-adverse behaviors. lV. Moral and Social Arguments Against the Liberal-Egalitarian Position Arguments against the liberal-egalitarian model concerns its many assumptions. First, this model assumes that consumption of such goods is directly related to the health outcome and that these goods can be taxed.[15] Certain people genetically predisposed to alcoholism would be predisposed to consume more alcohol. The model falls short when applied to scenarios where health outcomes are not consumption-based, such as engaging in unsafe sex or abstaining from healthy lifestyle choices like exercise. Second, some might argue that the liberal-egalitarian model fails to remain neutral. Residual moral judgments tied to consumption choices introduce non-neutrality. Although taxation in free societies is determined by democratic procedures rather than by individuals in the healthcare system, moral and value-based judgments will be implicit in deciding what behaviors are taxable, such as the purchase of cigarettes. Third, the liberal-egalitarian model fails to determine whether one’s behavior is autonomous, as socio-cultural-economic factors may influence it and behavior is more a product of society, peer pressure, or income. Those also may reflect systemic inequalities. Therefore, this model, which rewards, or taxes based solely on decisions, regardless of their consequences and motivations, fails to consider that a person’s decisions may not be completely autonomous. V. Libertarian Arguments Against the Liberal-Egalitarian Model a. State Intrusiveness as Counter to the Liberal-Egalitarian Model Last, there is a libertarian worry that if the state guarantees universal healthcare coverage to all people, the state will have to become highly intrusive and investigate people’s morals.[16] At least one-third of all disease burden in North America, Europe, and the Asia-Pacific is attributable to lifestyle measures such as tobacco smoking, alcohol consumption, high cholesterol, and obesity.[17] With these various lifestyles, it is not likely to agree on what conduct to tax or condemn.[18] The fine-toothed comb required to determine whether each citizen has been engaging in these behaviors would intrude on daily life and personal freedom. Libertarians champion the argument that impractical intrusiveness would result from universal healthcare, and such a degree of intrusiveness would likely be universally unacceptable.[19] The liberal-egalitarian model mitigates the libertarian worry about state intrusiveness as it does not involve prying into one’s life and choices other than taxing goods. A liberal state should ideally be neutral to how people decide to live their lives. In all, libertarians can rest assured that the liberal-egalitarian tax-based model, through its ex-ante implementation, will require no prying state eyes. States that provide universal healthcare coverage and wish to condemn certain misconduct do not need to become overly intrusive to carry out measures to hold individuals accountable. b. Fairness Another libertarian worry regarding the guarantee of universal healthcare coverage in the context of lifestyle-driven diseases is that the public will be burdened unfairly with covering others’ ill-advised mistakes or bad luck. An ideal system to address this worry would link treatment or payment for treatment with whatever behavior caused that need.[20] The distribution of burdens should be linked to how different individuals contributed to the creation of those burdens. Applied to health policy, we should ask how the need for a certain treatment arose when determining how to distribute its cost.[21] The liberal-egalitarian model aspires to hold individuals responsible for their choices, not for the consequences of such choices. This model significantly mitigates the libertarian worry over unfair burdens for covering other people’s mistakes or social conditions, which lead to those bad outcomes, by ensuring to not burden others with any of the costs for the treatment of people who decide to engage in certain health-adverse behaviors. The aforementioned taxation-based system would only tax those who also engage in the health-adverse behavior through consumption, and that tax directly pays for the necessary collective treatment. As such, those who do not consume the good are not involved with the payment scheme, while those who do consume the good are responsible for payment in a matter proportional to the amount of the good they have consumed. Vl. Universal Coverage Taking a step back, one should consider whether these worries regarding the coverage of apparently self-inflicted health conditions in the context of universal healthcare are worthwhile issues. One perspective raises what is called the culturally imagined objection — an idea erroneously held by many that sick people, especially those who are poor and uneducated, bring these illnesses upon themselves due to poor decision-making and irresponsible risk-taking.[22] This perspective critiques the uniquely American view that, since individuals are free to choose their lifestyles, they should bear the costs of their lifestyle.[23] Taking this argument further, some (perhaps the strongly libertarian) would say that the poor health status among many individuals is the price individuals must pay for their American way of life and the liberty and freedom to live as they wish. However, people should not completely punish individuals for their health-adverse behaviors because these choices are largely pre-determined by a person’s socioeconomic influences.[24] The outcomes from these allegedly ill-advised behaviors, which largely affect poorer people, are not just poor behavior but rather a public health crisis. Perhaps the state and its people should take collective responsibility and cover the costs of treatment for those health outcomes without question, as a form of public service. Rather than worrying about accountability and taxing bad behavior or intrusiveness into personal decisions, some might argue that people need to collectively take responsibility for reducing the overarching systemic inequalities and covering the associated treatment costs as a measure of public health. Vll. Proposed Solution Given the strengths of the liberal-egalitarian model and taking into account libertarian and social justice-oriented objections, an ideal solution for the coverage of lifestyle-related health problems needs to consider the complex relationship between a person’s behaviors and their apparent health outcomes. It must consider how society as a whole passes judgment on behaviors and how to take into account that many health-adverse decisions are not truly autonomous decisions, as various genetic and socioeconomic factors influence them. An ideal solution combines the liberal-egalitarian tax-based model with the social justice concerns of universal coverage. Whatever the cost for the treatment of medical issues resulting in part or entirely from lifestyle and diet, taxes collected from spending associated with the behavior (like the purchase of alcohol, junk food, and cigarettes) ex-ante should fund 50 percent of the cost of treatment, while the universal healthcare taxation scheme should include the other 50 percent. Such a system would provide an incentive to avoid the purchases that can lead to unhealthy consumption and make healthier choices, slightly punish and discourage such purchases through taxation, yet not overly punish people whose outcomes may have more to do with socioeconomic factors and genetics. Adding public responsibility demonstrates acknowledgement that health care is in the public interest and can mitigate public health inequalities. This solution would fuse personal responsibility with the public responsibility of state-sponsored social improvement while ensuring that all people have fair access to necessary treatment, no matter their ability to pay. CONCLUSION The 50-50 system this paper proposes reflects both justice and personal responsibility in covering healthcare costs allegedly brought about by people’s own health-adverse behaviors. By allocating tax revenue from consumption that contributes or even alone causes poor health outcomes, such a system incorporates personal responsibility. By using general tax revenue for health care, such a system would meet the libertarian requirement of providing care without any moral investigation of past behaviors and the social justice consideration of providing health care to those who may have unwittingly ventured into ill-health due to systemic injustice, socioeconomics, or genetics. - [1] Cappelen, A. W. (2005). Responsibility in health care: A liberal egalitarian approach. Journal of Medical Ethics, 31(8), 476–480. https://doi.org/10.1136/jme.2004.010421 [2] Moss, A. H. (1991). Should alcoholics compete equally for liver transplantation? JAMA: The Journal of the American Medical Association, 265(10), 1295–1298. https://doi.org/10.1001/jama.1991.03460100097032 [3] Moss, p. 1295-1298. [4] Moss, p. 1296. [5] Moss, p. 1295-1298. [6] Moss, p. 1295-1298. [7] Cohen, C. IS THIS SUPPOSED TO BE COHEN AND BENJAMIN (1991). Alcoholics and liver transplantation. JAMA: The Journal of the American Medical Association, 265(10), 1299–1301. https://doi.org/10.1001/jama.1991.03460100101033 [8] Cohen, p. 1299-1301. [9] Moss, p. 1297. [10] Cohen, p. 1300. [11] Cappelen, p. 478-480. [12] Cappalen, p. 478-480. [13] Cappelen, p.479. [14] Cappelen, p. 479. [15] Cappelen, p. 479 [16] Cohen, p. 1301. [17] Cappelen, p. 478. [18] Cohen, p. 1299-1301. [19] Cohen, p. 1301. [20] Cappelen, p. 476-480. [21] Cappelen, p. 476-480. [22] Kawachi, I. (2005). Why the United States is not number one in Health. Healthy, Wealthy, and Fair, 18–33. https://doi.org/10.1093/acprof:oso/9780195170665.003.0013 [23] Kawachi, p. 18-33. [24] Kawachi, p. 18-33. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ethnophilosophy, Comparative Philosophy, Pragmatism:Toward a Philosophy of EthnoscapesThorsten Botz-Bornstein, Associate ResearcherIn this essay I would like to reflect on the place of philosophy within a "globalized" world and reconsider its status as a phenomenon that is potentially linked to a "local" culture. Whenever we question the authority of "general" truths and we look for ways of integrating "local discourses" into the overall construction called "global philosophy," we come across (...) the old idea of "ethnophilosophy." Far from suggesting ethnophilosophy as a model for the philosophy of the future, I intend to rethink certain themes of ethnophilosophy and contrast them with disciplines such as "comparative philosophy" and pragmatism. I will sketch an approach that I believe to be appropriate for the development of philosophy in times of globalization.One of the negative undertones of the term "globalization" is that it is seen as a uniformizing and flattening power that eliminates existing cultural differences. On the other hand, there is an important side effect of globalization represented by those movements acting against it, stressing the importance of "localization" or "regionalization." Ethnophilosophy, in spite of its outdated origin and its potential dangers, remains interesting as an intellectual model as long as it is not formulated in a radical fashion. When it is formulated in a radical fashion it has to face the reproach of relativism and of enclosing itself in a cultural sphere that it declares to be inaccessible to others.Ethnophilosophy: A Renaissance?Ethnophilosophy was developed in Africa in the 1960s, although its origin can be traced back to a book on Bantu philosophy by the Belgian missionary Placide Tempels. In this book, published in 1946, Tempels tried to conclude with the view that primitive peoples have neither ontology nor logic and are unable to recognize the nature of being or even of reality as such. Tempels was looking for an ontology colored by "local" cultural components but also by language,1 and he made a serious attempt to build a philosophical system based on Bantu thought.What followed were endless controversies about the nature of African philosophy that made of "ethnophilosophy" a stream of thought much richer than its name might allow one to suppose. A part of its stimulating power can perhaps be traced to the ambiguity of Tempels' approach: on the one hand it could easily be dismissed as paternalism or the attempt to force African philosophy into the straightjacket of European concepts, while on the other hand the expressed desire to give "ethnic" [End Page 153] philosophy a new role within the international hierarchy of the philosophies was immensely attractive. Be that as it may, Tempels' book became the real manifest of "ethnophilosophy."Another point at issue that spurned internal ethnophilosophical discussions was the question whether African philosophy is advanced by an entire people (that is, by a collective) or by individual philosophers. This question (which does not arise in Tempels' book) was first taken up by the Beninese philosopher Paulin Hountondji,2 who claimed that ethnophilosophy is no philosophy at all because it remains indifferent toward individually critical, that is, typically philosophical, approaches. Related debates touch upon fundamental questions concerning the meaning of "collective thinking" or the nature of philosophy as such.3However subtle the points may be that emerge from these discussions, for the outside observer ethnophilosophy appears to be a kind of anthropology (whose premises it continues to share) with an incorporated interest in metaphysical questions. Its opposite is "conventional" Western philosophy, which persistently explores truth with the help of a single, individual mind, aiming at the crystallization of a truth relevant for everybody. What matters for ethnophilosophy is the truth brought forward by a certain way of life of a group of people that can be found on the "inside" of a culture and that can exist independently of any considerations of those things that exist on the outside. Ethnophilosophy is radical in the sense that it not only aims to reestablish, through its opposition to the all-intruding "international" philosophy, its own philosophy within the borders of a certain nation; going much further than many of today's opponents of globalization would dare to go, ethnophilosophy thinks of philosophy... (shrink)

continent. 1.4 (2011): 279—285. Concerning its Transitive Nature, the Conversion of Native Americans of Spanish Colonial California, Indoctrinated Catholicism, & the Creation There’s no direct archaeological evidence that Jesus ever existed. 1 I memorized the Act of Contrition. I don’t remember it now, except the beginning: Forgive me Father for I have sinned . . . This was in preparation for the Sacrament of Holy Reconciliation, where in a confessional I confessed my sins to Father Scott, who looked like Jesus, (...) at least in Western cultural representations of Jesus since the middle ages, and if Jesus put on a few pounds. Father Scott was long-haired, redheaded, bearded, chubby, and tall. When he left church with the procession of altar servers and Eucharistic ministers, yelling, “Sing a Good Song Unto the Lord,” he smiled, hands folded, and he gazed over his parishioners, and bounced along. For four months every year he lived among the Crow Nation in Montana, where towards the end of his tenure at Our Lady of Refuge, they adopted him as an honorary member of their tribe. * This is the prayer we chanted, holding hands, every night before dinner: Bless us oh Lord, for these our gifts, which we are about to receive, our bounty through Christ, our Lord, Amen. Then we all said, God bless the cook! When we were with my grandparents, Grandpa said, God bless Chicky, and Holly, and Harvey, and Boots—all the dead dogs. * My sister tells me that she sits next to a handsome man on a flight across the country. After chitchat, she withdraws her book. She’s reading Kevin Sampsell’s A Common Pornography . After a few moments, the handsome man also reads from his book—his leather-bound Bible. Sister thinks, Oh, Jesus—too bad. She falls asleep. Later, settled in Nashville, she opens her volume and out falls a Jesus-covered card that reads, You can still find God and Salvation! Because that handsome God-fearing young man saw that word— pornography . * I suppose Father Jim’s dark hair, beard, and glasses made me think doctoral-ly of him. He called while I was in the midst of a breakup, after I’d twice attempted suicide, and my mother was desperate for help. She somehow found and phoned him. And Jim, now years out of Our Lady of Refuge’s parish, twenty years since my baptism, years even since he’d left the priesthood and the Catholic faith, still made the effort to bring me back into the fold. He said, “Have you seen a priest?” I did not respond, as I was more shocked to hear his voice than anything, so I said, “How are you, Father Jim? Sorry, I guess I shouldn’t call you ‘Father.’” And I said, “Why did you leave the priesthood? Do you have a girlfriend?” He said that I should call him just “Jim.” He said, “Do you need someone to talk to?” I said, “Not really.” He said, “Call your mother; she’s worried about you.” That was the last time I talked to Father Jim. * Mother let me know just how disappointed Jesus was. I cried and cried, and said I was sorry. Into my hands she placed my missal, ordered forty Rosaries. She said next Saturday I would go to confession. I hated confession. Who wouldn’t? * I realize, of course, that this page is a kind of confessional. * The Kumeyaay, Ipai, Tipai, Chumash, Esselen, Rumsen—all Native Americans of Alta California—shared similarities in their religions. Southern Californian tribes made use of Datura, or jimpson weed, a hallucinogen, for religious rituals. In the creation, God made brother sky and sister earth. Brother and sister mated, and sister gave birth to all things on Earth, including people, but it was difficult to distinguish people from all other aspects of Earth because everything was alive: granite and obsidian, the Pacific and its waves, the San Diego and Los Angeles Rivers. Wiyot—a hero—was very powerful, born from lightning, the son of the Creator and a virgin. When Wiyot thought that human women’s legs were more beautiful than Frog’s, Frog became jealous and poisoned Wiyot. The dying Wiyot went to all the people’s villages, and he distributed his power among them. He said, “When I die, I should be cremated.” The people built the fire and funeral pyre. When the fire was ready, and the people about to place Wiyot’s body upon it, Coyote came and snatched away Wiyot’s heart. * My friend Nick told me once how he ate some jimpson weed and that he hallucinated for three days. His family took a road trip and, while driving over the Sierra Nevada mountains, he kept seeing dinosaurs roaming the open meadows and charging down snowy slopes. So it’s no wonder that Native Americans who ingested this plant would have developed religion. * Walking Castroville’s streets after school I got into fights but mostly watched other boys scrabbling on the asphalt. I went to Burger King for Whoppers. Me and my friends cussed. Antonio admonished me when I said, “damn,” while strutting a sidewalk alongside the church. He said, “Jaime”—pronounced Hi-May, which was what all the Mexicans called me—“you’re crazy, eh. Don’t cuss at the church.” He meant while at church, as in, within its vicinity. I said, “We’re not in church.” Once we’d crossed the street, Tony said, “Damn dude, you’re fuckin crazy!” * Blessed Father Fray Junípero Serra raised the Eucharistic goblet to his lips, and candlelight danced on the blood’s tiny waves. Incense clouded the church so completely that some of the Pame natives grew nauseous. So, too, felt Blessed Father Fray Junípero Serra later that night, as he bent over a ceramic bowl and vomited blood, not only the Lord’s, but his own, for poison had laced the sacred vessel into which he poured the sacrament. The physician tending to the sick prelate urged him to take the remedy he’d prepared. But Blessed Father Fray Junípero Serra refused, said that he would pray, for he had never taken any medicine in his life, and he never would. * The Chumash of El Valle de Los Osos called themselves the Stishni, separating themselves from Chumash of other regions, those varying tribes of the central California coast that spoke mutually unintelligible dialects of their Hokan language. This made learning their languages impossible for the Spanish friars, to say nothing of translating the Doctrina. Thus the priests baptized few natives, despite the help that the tribes offered the fledgling settlements in the form of meat and acorn meal, which the Spaniards found repugnant. Some from these cultures, feeling threatened by the newcomers, shot flaming arrows into the thatched roofs of the mission structures. And why wouldn’t they feel threatened when priests chastised them for performing, for example, their Coyote Dance, wherein a man donning a coyote-skin-and-skull costume dances while a singer sings his tale, which laments the human feces strewn imaginatively about the Earth? Coyote, meantime, tries to get an onlooker to lick his genitals, and finally engages in public sexual intercourse with a female tribe member or two, then ends the dance by defecating. Though the Franciscans called such forbidden acts devilry , the Chumash maintained their Datura cult religion, along with the enforced Christianity. For the Chumash, the Earth was made of two enormous snakes that caused earthquakes when they slithered past one another—a vast reptilian tectonics. In the 20th century, long after Blessed Father Fray Junípero Serra and his cohorts had died, when asked by an anthropologist about religious contradictions, conflating the Datura and Christian cults, a Chumash man replied, incredulous: “But these are two different religions.” * When Portolá ordered that if by March 19th, the feast day of St. Joseph, the San Antonio had not arrived in San Diego Bay to relieve them, the Sacred Expedition to Nueva California would be abandoned, Blessed Father Fray Junípero Serra prayed a novena for San José’s intercession. And lo, a lookout sighted the San Antonio ’s sails—what seemed to the priest a miracle—that very Saint’s feast day. Europeans would stay in California, and Blessed Father Fray Junípero Serra would continue to reap a great harvest of souls for the Lord. By the end of mission secularization in 1836—sixty-six years after the San Antonio rescued the Spaniards—Native American populations in California had declined by seventy-three percent. * When Peter the Aleut would not renounce his Eastern Orthodox faith the padre of San Francisco had a toe severed from each foot with each refusal, totaling ten. The native Ohlones employed in this gruesome task—their obsidian chiseled knives tearing through skin and grinding bone—continued as per their orders, and cut off also each of Peter’s fingers (equals a total of twenty refusals). They quartered the martyr, spilled his bowels, as if from bear attack, attack by a bear in the shape of a Catholic. * Blessed Father Fray Junípero Serra absolutely believed that the slow rate of conversion for the native people was due to the influence of the Devil, who had been outraged by the coming of the Catholics to California, this region that he had long held in his dominion. * In his reception speech for the Nobel Prize for Literature, John Steinbeck said, “Man himself has become our greatest hazard and our only hope. So that today, St. John the Apostle may well be paraphrased: In the end is the Word, and the Word is Man—and the Word is with Men.” * In 1602, when Sebastián Vizcaíno and his friars sang mass on Catalina Island, as many as a hundred Pimungans witnessed the rite, asking by signs what it was about. According to Vizcaíno’s records, the Californians marveled not a little at the idea of Heaven and at the image of Jesus crucified. * Vizcaíno was brought to a prairie on Santa Catalina Island where the Pimungans worshipped their sun god. Upon the prairie they had placed an icon, a headless figure with horns protruding from the body, a figure that Vizcaíno predictably described as a demon. The Pimungans urged Vizcaíno not to approach the image of their deity, but he ignored them. He placed his crucifix against the wooden figurine and prayed the Our Father. Vizcaíno told the natives that his prayer was from Heaven, and that their god was the Devil. Vizcaíno held out his crucifix, encouraging the Pimungans to touch it and receive Jesus. He pointed at the sky and indicated Heaven. The Pimungans worshipped a sun deity, so they were impressed with this white man and his description of his god, for their gods seemed to be one and the same. It’s no wonder then that Vizcaíno’s diary reports the natives being pleased with this exchange. “Surely,” the diary says, “they will be converted to our Holy Faith.” * The Miwok women wailed and scratched at their faces when their men consorted with Sir Francis Drake and the other Englishmen who had landed on California’s coast in the summer of 1579. “The blood streaming downe along their brests, besides despoiling the upper parts of their bodies of those single coverings . . .they would with furie cast themselves upon the ground . . . on hard stones, knobby hillocks, stocks of wood, and pricking bushes.” Drake and his men fell themselves to their knees in prayer, their eyes Heavenward, so that the natives might see they prayed to God and they too might worship God then their eyes that had been so blinded by the deceiver might be opened. * Father Fray Antonio de la Ascención—Carmelite friar in Vizcaíno’s party—writes that the Indians of California can “easily and with very little labor be taught our Holy Catholic faith, and that they would receive it well and lovingly.” He calls for two hundred older and honorable soldiers to ensure brotherhood during the conquest, so that peace and love—the best tools to pacify pagans—should reign. The religious, the friar says, should likewise be wise and loving to easily quell animosities between Spaniards and the heathen, and therefore avoid war. The Spaniards should bring with them trinkets—beads, mirrors, knives—to distribute amongst the gentiles, so that they might come to love the Christians, and see “that they are coming to their lands to give them that of which they bring, and not to take away the Indians’ possessions, and may understand that they are seeking the good of their souls.” No women are to accompany the conquest, says Father Fray Antonio, “to avoid offenses to God.” * In 1955 Wallace Stevens admitted himself to St. Francis Hospital in Hartford, Connecticut. There, it’s rumored he converted to Catholicism before dying of stomach cancer, exclaiming to his priest after the baptism, “Now I am in the fold.” Stevens’s late-career poems seem less cynical, more in awe of being and death (read “Metaphor as Degeneration” from The Auroras of Autumn ). He could have chosen from at least three secular hospitals in Hartford at the time. * I was reading Stevens’s Collected Poems when I joined eHarmony and listed that as my “currently reading” book among the “more than twelve” books a year that I would read. I fell in love with my wife when she said, “Are you sending your work out to literary journals?” Prior to this, the first girl I talked to on the phone, when I explained my doctoral exams, said, “So, you’re like, reading Stephen King and stuff?” When I said not exactly she responded defensively: “He must be doing something right, since he makes all that money.” * Mom walked me, my brother, and sister, through the Stations of the Cross. We did this on Ash Wednesdays, or whenever she thought we needed extra God after church. It might’ve happened before church, though that’s unlikely because we were always late. Anyway, it’s easiest to walk the Stations of the Cross when there’s no one else around. To walk the actual Stations means one goes to Jerusalem and walks the Via Dolorosa to the Church of the Holy Sepulchre. So the Stations elsewhere—usually paintings, or low-relief sculptures upon church walls—serve as a kind of virtual Dolorosa. Mom held our hands and started from the rear of Our Lady of Refuge: the First Station. Mom said we should say a prayer at each Station and to think of all the pain Jesus went through so that we could go to Heaven. It was hard to keep thinking about that one thing for so long. My mind went to that Saturday’s little league game, to the donut and chocolate milk (our after-church reward from Castroville Bakery), and as I grew older I thought about girls. When you’re thirteen you can’t not think about the girl’s butt in the pew in front of yours as she kneels and stands to pray throughout mass. * It grew increasingly juvenile to lie awake at night daring myself to utter a simple sentence. Even if I said I didn’t believe in God, wouldn’t He know the truth? He was omniscient, like a narrator. Even the idea of Him as a him ceased making sense. Not only did this come with a budding realization of my paternalistic culture, but due to the simple question of why? If God was everything, everywhere, all knowing, then why would he be a man? There’s that question: If God is a man then God must have a penis, and if so, what for? * The Catholic Church incorporates some modern scientific research into its dogma concerning the formation of the Universe, Solar System, and Earth, as well as evolution. According to Catholic doctrine, in approximately the fifth millennia BCE, humans began to worship the one true God. Those humans were Adam and Eve, though the Church says humans had been around for thousands of years prior to Adam and Eve. The Church claims to be infallible. Every time the Church changes its doctrine it remains infallible. * One Catholic writer, Tom Meagher, writes that “Modernism[—]the idea that we come to our beliefs individually through emotional or personal experiences[—]has crept into our Catholic schools.” * Catholics believe that evil spirits, given power through Original Sin, can imbue ordinary inanimate objects of everyday use. Thus, such objects should be blessed in order to induce in them the desire to serve the good. Such objects are not limited to, but include, “new ships and boats, railways and trains, bridges, fountains, wells, cornmills, limekilns, smelting furnaces, telegrams, steam engines, and machines for providing electricity.” * In The Sound of Music Julie Andrews and Christopher Plummer sing together: “Nothing comes from nothing, nothing ever could...” * To explain competing theories on the very early universe, and pre-verse would be another book. What was the inflaton? Did (mem)branes collide, initiating the Big Bang, as opposed to Lemaître’s primordial atom, a singularity? Without a unified theory there’s gravity hanging out there, fucking everything up. We cannot make sense of the mechanics of the Planck Epoch—0-10-34 seconds into the Universe’s creation—named for Max Planck, who stumbled into the discovery of quantum mechanics in the early twentieth century. * My students often ask if I believe in God, since I espouse evolution, the Big Bang, Science, reject a strictly biblical or creationist theory of the Universe. I tell them that yes, I believe in God, though not the God that they imagine one must believe in. * When questioned regarding the rumor that, before his death, founder of quantum mechanics Max Planck had converted to Catholicism, he replied that he did not believe “in a personal God, let alone a Christian God.” * Physicist and Catholic priest George Lemaître, who formulated the theory and wrote the 1946 book The Primeval Atom Hypothesis , was made a household name by then-detractor Fred Hoyle, who pejoratively referred to the idea as a “Big Bang.” * Suicide is a mortal sin. To end one’s own life one must have despair, which is to lose hope, which is to lose faith, and to disbelieve in God. * Archaeology has uncovered graffiti in all of California’s missions—Indian pictographs inscribed into the adobe, covered with layers of whitewash. Native deities and depictions of cultural practices show that tribespeople never fully gave up their native traditions even after baptism and coming to the missions. There was something inside Native Californians that would never die. (shrink)

Although Directive 2001/20/EC of the European Parliament and of Council of 4 April 2001 on the approximation of the laws regulations and administrative provisions of the Member States relating to the implementation of good clinical practice in the conduct of clinical trials on medicinal products for human use does not contain an exception for emergency situations, and requires the informed consent of a legal representative in all cases where research is conducted on legally competent individuals who are unable to (...) give informed consent, in Poland, emergency research can be conducted without consent. Polish regulations on emergency research can hardly be treated as a result of intentional legislative policy. Our provisions arise from multiple and sophisticated interpretations of different regulations that govern medical experiments on human subjects and clinical trials. These interpretations can be summarized as follows: There are two categories of medical experiments: therapeutic and non-therapeutic experiments. Emergency research without consent may be conducted in the category of therapeutic experiment only.. Emergency research may be conducted without consent if there is a situation of great urgency in which the research subject’s life is in danger and there is no possibility of obtaining immediate consent from the research subject him or herself, or from his or her legal representative or guardianship court, and the research subject has not refused to give consent for the participation in an emergency therapeutic experiment. The legal representative or guardianship court shall be provided with all the relevant information concerning subject’s participation in an experiment as soon as possible. All projects of emergency research with intent to be done without the research subject’s consent must be approved by an independent bioethics committee. Because these five requirements seem to provide insufficient protection for a subject’s autonomy and rights it is necessary to add to them two other conditions: the emergency research could not be conducted using other research participants capable of giving informed consent; and informed consent for continued participation in the emergency research shall be obtained from either the participant him or herself or the legally authorized representative as soon as possible. A consolidated single Act that will govern all aspects of medical experiments on human subjects, including emergency research, should be prepared and enacted as soon as possible. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Caught Between History and ImaginationVico's Ingenium for a Rhetorical Renovation of CitizenshipAlessandra Beasley Von BurgCitizenship is usually thought of as synonymous with nationality and the rights and duties associated with the people who live, work, and participate politically, socially, and economically within the borders of their nation-state. In this conception, the main criterion used to decide who is and who is not a citizen is nationality. As the nature (...) of nation-state governance evolves and the acceleration of citizen mobility hastens interdependence, pressures for new definitions and paradigms of citizenship build. As Joseph Weiler argues, this pressure produces cognitive dissonance because "the traditional, classical vocabulary of citizenship is the vocabulary of the State, the Nation and Peoplehood" (qtd. in La Torre 1998, 1).1 The classical association of citizenship with nationality blocks our ability to grasp new, nonstatist conceptions of citizenship, even as postnational political visions take shape in institutions like the European Union (EU).2 In 1992, EU citizenship was established in the Treaty of Maastricht, which granted some additional rights to citizens of the member states in the same way that single nation-states grant their inhabitants special status as nationals, rights that are not nullified when citizens leave their home country to live and work in other member states.3 [End Page 26]The relationship between nationality and citizenship in the EU context is complicated by the fact that although Maastricht guidelines set postnational membership criteria for EU citizens, they also limit the scope of EU citizenship. In trying to reach beyond the nation while anchoring its very essence to the nation, EU citizenship remains limited as it relies on the traditional language of national membership to found its postnational concept of equality and inclusion for noncitizens. The contradictory elements of EU citizenship are exemplified in its current definition, which includes all member states' citizens and excludes millions who are living in Europe as third-country nationals (TCNs), defined as "any person who is not a citizen of one of the member states" of the EU but permanently and legally resides in one.4 The current debate over the status of legal, long-term TCNs challenges the relationship between citizenship and nationality, as advocates from EU institutions, national governments, nongovernmental organizations and academia argue that TCNs should be granted EU citizenship rather than be naturalized in the member states and push for a new, postnational mode of citizenship based on residency. Advocates for the inclusion of TCNs as EU citizens have to work with the limited vocabulary of national citizenship yet articulate a case for a new kind of citizenship divorced from nationality. They suggest that the EU should be viewed as a deliberative community, in which all long-term residents like TCNs are given an equal opportunity to practice citizenship. The deliberative community rationale is based on an idea of citizenship as performance with residents enacting citizenship by living together and deliberating with each other about common interests and concerns.5This reordering of the concept of community arising out of political practice calls for a full philosophical and rhetorical reimagining of the meaning of citizenship. The act of reimagining citizenship creates a new practice of citizenship and grounds citizenship in a philosophical context as well as a practical one. There is no better philosophical and rhetorical tradition to turn to for this purpose than that of Giambattista Vico. Vico, and to a larger extent the entire tradition of Italian humanism, has been overlooked in modern Western philosophy. Yet Vico embodies a seamless marriage of philosophy and rhetoric. Vico's philosophically grounded rhetoric provides the means in an investigation of EU citizenship as an innovative rhetorical practice beyond nationality, for understanding how new practices become persuasive through imaginative language, until citizens separate citizenship from nationality and accept residence and deliberative practices as legitimate criteria for citizenship. Vico argues that "every study method [End Page 27] may be said to be made up of three things: instruments, complementary aids, and aim envisaged" and notes that "the instruments presuppose and include a systematic, orderly manner of proceeding" (1990, 6). This essay proceeds in this fashion to reveal how a new vocabulary of citizenship... (shrink)

This commentary is the first full scale article-by-article commentary in English ever to address the Brussels I Regulation. It is truly European in nature and style. It provides thorough and succinct indepth analysis of every single article and offers most valuable guidance for lawyers, judges and academics throughout Europe. It is an indispensable working tool for all practitioners involved in this field of law. The Brussels I Regulation is by far the most prominent cornerstone of the European (...) law of international civil procedure. Its imminence could be easily ascertained by every practitioner even remotely concerned with cross-border work in Europe. However arcane private international law in general might appear to practitioners – the Brussels I Regulation is a well-known and renowned instrument. A true first: - The first truly European commentary on the Brussels I Regulation, the fundamental Act for jurisdiction, recognition and enforcement throughout Europe - The first commentary on the Brussels I Regulation written by a team from all over Europe - The first article-by-article commentary on the Brussels I Regulation in English. (shrink)

This guide accompanies the following article(s): ‘Full Disclosure of the “Raw Data” of Research on Humans: Citizens’ Rights, Product Manufacturer’s Obligations and the Quality of the Scientific Database.’Philosophy Compass 6/2 (2011): 90–99. doi: 10.1111/j.1747‐9991.2010.00376.x Author’s Introduction Securing consent (and informed consent) from patients and research study participants is a key concern in patient care and research on humans. Yet, the legal doctrines of consent and informed consent differ in their applications. In patient care, the judicial doctrines of consent and informed (...) consent are disclosure doctrines based on the obligation of physicians to inform their patients of the following types of information: the nature of the procedure the physician is recommending in the patent’s care (P), the alternatives to the physician‐recommendation (A), and the risks of procedure and its alternatives (R). In addition, the physician must provide truthful answers to the patient’s questions (Q) to the best of the physician’s abilities. In research on humans, the onus of disclosure by study sponsors and principal investigators is much greater than in patient care precisely because the purpose of research is not patient care. The purpose of research is the identification and development of new generalizable knowledge. Thus, participation in a research study or trial may not benefit the study volunteer at all. In addition, the participant may carry a heavy risk burden in relationship to any testing of a newly designed drug or device as part of their experiences in the research study. Presently, despite the risks borne by the research study participant, the raw data collected from volunteers in research trials are treated by courts as if they were the private property of the study sponsor rather than generally owed to the public as would be expected by an effort like research participation aimed at contributing to the development of generalizable knowledge. This paper reviews the obligations that study sponsors owe to their study participants based on the very definition of research as a systematic activity whose purpose is to develop generalizable knowledge to help all humans. Author Recommends Court cases Canterbury v. Spence, United States Court of Appeals, District of Columbia Circuit 464 F.2d 772 (1972). (Federal appellate decision heard in the District of Columbia, USA) Reibl v. Hughes, 2 S.C.R. 880 (1980). (Supreme Court of Canada) Rogers v. Whitaker, 175 C.L. R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Canterbury v. Spence is the landmark Federal informed consent case in the United States heard in the District of Columbia. In this case, Judge Spottswood Robinson articulated the reasonable person standard of informed consent. This standard was subsequently adopted by the Supreme Court of Canada (Reibl v. Hughes, 2 S.C.R. 880 (1980)) and the High Court of Australia (Rogers v. Whitaker, 175 C.L. R. 479 (1992)). The House of Lords rejected the reasonable person standard in England in Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985). Book Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. This book is a detailed guide for the review of scientific and ethical aspects of research on humans contained in the research study protocols and research informed consent forms which need to be submitted by study sponsors and principal investigators to institutional review boards (IRBs) for IRB review before a research study can receive approval to be conducted within a human study population in those institutions over which the IRB has authority. It also presents basic definitions in the area of research on humans and basic approaches to help conduct a deep review of the underlying scientific and ethical issues that are present within a research study protocol and its accompanying research informed consent form. Report National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). This U.S. National Commission in the Belmont Report argued for the necessity of a reasonable volunteer standard in research on humans in the United States. Arguing that the professional standard and the reasonable person standard of consent and informed consent were insufficient to base a disclosure standard in research on humans, this National Commission developed the reasonable volunteer standard where a study participant is to be approached in research informed consent with that information that a reasonable volunteer would want to know. Online Materials Belmont Report: Syllabus Topics for Lecture and Discussion Week I: Introduction and Overview Readings: Rogers v. Whitaker, 175 C.L.R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week II: The Different Standards of Consent and Informed Consent Readings: Canterbury v. Spence, 464 F.2d 772 (1972). (Federal appellate opinion heard in the District of Columbia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week III: Definition of Research Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 2 and 3) Week IV: How to Review a Research Study Protocol and Research Informed Consent Form Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 4–6, 10, and 12–14) Week V: Obligations in Research of Humans Versus Patient Care Reading: National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). Focus Questions • How do the judicial doctrines of consent in England and Australia compare to the judicial doctrines of informed consent in the United States and Canada? • How does a professional standard of disclosure differ from a reasonable person standard of disclosure? • What is the definition of research? • How is a research study (study proposal and research informed consent form) reviewed from scientific and ethical bases for considerations of approval by an IRB? • How do the obligations of a study sponsor, a principal investigator, and a research team conducting a research trial on human study participants differ from the obligations of a physician caring for a patient? • Should all raw data of research derived from humans be made available to the public for use in developing generalizable knowledge to help others, or should raw data be considered the private property of the study sponsors (for example, prescription drug manufacturers), who fund the research trials? Seminar/project Idea Draw a timeline of the development of the basic concepts of consent and informed consent in patient care and in patient research. On this timeline, first place the dates of the key court cases in England, the United States, Canada, and Australia on consent and informed consent. Then place the date of the development of the Belmont Report. Why do differences exist between these four countries in terms of the legal requirements of informedness of a patient (in medical care) and a study participant (in medical research)? What roles if any do the concepts of self‐determination and self‐decision have in consent and informed consent in patient care and in informed consent in research on humans among the four countries of interest? What are the realities of research on human participants that require a new standard of informed consent, the reasonable volunteer standard, to be developed beyond the two standards in patient care, the professional standard, and the reasonable person standard? Counterpoint Arguments The following are counterpoint arguments that need to be appreciated to more fully understand the concepts that impact the thesis that ‘raw data’ should be open to the public to allow the opportunity of checking of the results of its associated scientific paper and for further analysis. De‐Identified (Anonymized) Raw Data A current approach to identifying (anonymizinig) raw data is based on the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L.104‐191). HIPAA was enacted by the U.S. Congress in 1996 to keep a person’s medical information private. In a research study, a person’s private medical information can become research data. HIPAA’s Privacy Rule allows a covered entity to de‐identify data by removing all 18 elements that could be used to identify the individual or the individual’s relatives, employers, or household members; these elements are enumerated in the Privacy Rule. The covered entity must also have no actual knowledge that the remaining information could be used alone or in combination with other information to identify the individual who is the subject of the information. Under this method, the identifiers that must be removed are the following: 1 Names. 2 All geographic subdivisions smaller than a state, including street address, city, county, precinct, ZIP Code, and their equivalent geographical codes, except for the initial three digits of a ZIP Code if, according to the current publicly available data from the Bureau of the Census: 2a. The geographic unit formed by combining all ZIP Codes with the same three initial digits contains more than 20,000 people. 2b. The initial three digits of a ZIP Code for all such geographic units containing 20,000 or fewer people are changed to 000. 3 All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, and date of death, and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older. 4 Telephone numbers. 5 Facsimile numbers. 6 Electronic mail addresses. 7 Social security numbers. 8 Medical record numbers. 9 Health plan beneficiary numbers. 10 Account numbers. 11 Certificate/license numbers. 12 Vehicle identifiers and serial numbers, including license plate numbers. 13 Device identifiers and serial numbers. 14 Web universal resource locators (URLs). 15 Internet protocol (IP) address numbers. 16 Biometric identifiers, including fingerprints and voiceprints. 17 Full‐face photographic images and any comparable images. 18 Any other unique identifying number, characteristic, or code, unless otherwise permitted by the Privacy Rule for re‐identification. Even though ‘raw data’ can be de‐identified (anonymized) so that there is no way to trace back the data to the study participant from which it was drawn, there are still questions whether the ‘de‐identified raw data’ can be given to other researchers or made public without the original study participant’s approval. It may be the case that this approval could be done at the start of any research study where the individual considering study participation would be counseled on what the process of de‐identification consists of and would be asked whether the participant would allow use of the data by other researchers or made available to the public in a de‐identified state. However, there may be questions of the study participants as to whether the data are truly de‐identified and untraceable back to the study participant since the participant would not be able to see the process actually being carried out in detail in all relevant circumstances. Using Raw Data in Context Simply being in possession of raw data is never enough to build on that data from a research perspective. Researchers need to understand the context of the scientific research study in which the data were collected. This research context includes (but is not limited to): (i) the scientific hypothesis of the research study, (ii) the inclusion and exclusion criteria selected by the research designers of the study to determine which study participants were included and which were excluded from the study, (iii) the methods used to collect the data and possibilities of errors in the data collection processes, and (iv) answers to questions regarding whether any data were excluded from the study data and why these data were excluded. Ownership Rights Over Data There are ownership rights over data. Ownership rights include court decision making related to the question which parties are to be considered as the owners of the data. Possible owners here include (but are not limited to) (i) the study sponsor whose only role was to fund that study, (ii) the principal investigator(s) who developed the scientific hypothesis, and (iii) individual study participants through special contracts made by individual participants who negotiate such contracts with study sponsors and principal investigators to share in the ownership of data. Examples of such data are participant sources of unique gene lines or unique cell lines to be used in future research. Objections to Data Sharing Finally, individual researchers may simply object to sharing data. A researcher’s arguments here may be simply stating that he or she has a right to fully analyze the data since the collection of the data was the researchers’ idea in the first place. These researchers may argue that they have the right to mine the data as fully as they can before deciding to make the data open to the public for others to analyze. Works Cited 1 Kaiser, J. ‘Making Clinical Data Widely Available.’Science 322.5899 (10 Oct. 2008): 217–8. 2 de Lusignan, S., J.F. Metsemakers, P. Houwink, V. Gunnarsdottir, and J. van der Lei. ‘Routinely Collected General Practice Data: Goldmines for Research? A Report of the European Federation for Medical Informatics Primary Care Informatics Working Group (EFMI PCIWG) from MIE2006, Maastricht, The Netherlands.’Informatics in Primary Care 14.3 (2006): 203–9. 3 Sim, I. ‘Human Studies Database Project’, CTSA Data Repositories Symposium (17 Oct. 2008). 23 Nov. 2010. 4 Sim, I., C.G. Chute, H. Lehmann, R. Nagarajan, M. Nahm, and R.H. Scheuermann. ‘Keeping Raw Data in Context.’Science 323.5915 (6 Feb. 2009): 713. 5 U.S. Department of Health and Human Services, National Institutes of Health, HIPAA Privacy Rule, Information for Researchers. 13 Nov. 2010. 6 Wilczynski, N.L., R.B. Haynes, and Hedges Team. ‘EMBASE Search Strategies for Identifying Methodologically Sound Diagnostic Studies for Use by Clinicians and Researchers.’BMC Medicine 29.3 (March 2005): 7. (shrink)

Photo by Tingey Injury Law Firm on Unsplash ABSTRACT The coverage of healthcare costs allegedly brought about by people’s own earlier health-adverse behaviors is certainly a matter of justice. However, this raises the following questions: justice for whom? Is it right to take people’s past behaviors into account in determining their access to healthcare? If so, how do we go about taking those behaviors into account? These bioethical questions become even more complex when we consider them in the context of (...) a commitment to publicly funded, universal healthcare coverage. INTRODUCTION Healthcare coverage of lifestyle-related conditions is certainly a matter of justice. However, this raises the following justice-related question: Is it right to consider people’s past behaviors in determining their access to healthcare? If so, the methods of taking those behaviors into account must be fair and justifiable. This bioethical question becomes even more complex when we consider it in the context of a commitment to publicly funded, universal healthcare coverage. This paper takes an old, classic debate, evaluates newer approaches, and offers an argument favoring a combined approach which alters the liberal-egalitarian solution to account for social justice. ANALYSIS I. Causes of Disease If healthcare coverage were universal, irrespective of socioeconomic status and lifestyle, people would contribute to the cost of remedying the lifestyle-induced health problems of others. In the West, lifestyle-related diseases are burdensome.[i] This paper approaches this concern from a western lens that incorporates both a European tradition of “social safety nets” and an American tradition of personal freedoms. By taking such an approach, solutions to the consequences of one’s past behavior burdening others must consider an individual’s personal freedom to choose to act as he or she wishes, with the distributive social and economic equality of the many. The concept of disease caused by lifestyle and diet is proven. Many health conditions include behavioral risk factors. Multi-pack smoking increases the risk of chronic lung disease, while obesity increases the risk of type 2 diabetes. Inattention to high blood pressure, high cholesterol, and a lack of exercise leads to increased risks of coronary artery disease.[ii] While poor lifestyle choices certainly influence these conditions, their causes are multifactorial, and it is difficult to say that any single string of poor choices led to their development. In a scenario where two men excessively eat fast food for 20 years, several discrete factors impact whether any of them might suffer an ischemic-embolic stroke or not. Genetics, circumstances, and activity will also contribute to outcomes. II. Alcohol-Related End-Stage Liver Disease One paper suggests that alcohol-related end-stage liver disease (ARESLD) differs from other multifactorial disorders as alcohol alone causes the disease.[iii] It justifies attributing personal responsibility to patients with ARESLD because the condition develops only after the cumulative effects of large quantities of alcohol consumed from years to decades.[iv] However, the paper undermines its position by admitting that even the susceptibility to becoming an alcoholic has some degree of genetic predisposition.[v] Given the extreme scarcity of donor livers, some patients may be prioritized over others on the transplant waiting list. Since donor livers cannot be given to everyone, transplanting a liver into an alcoholic may result in death for competing candidates whose liver disease was not their fault. All else being equal, if bioethicists avoid claiming moral deficiency or judgment, those with apparently self-inflicted ARESLD will not be deprived of treatment but will have a lower priority for transplant.[vi] In contrast, another position suggests that it is often difficult to define what behaviors are punishable as these are largely personal and value-laden.[vii] Still, people do not support using their own resources to support the consequences of others’ poor choices, no matter how objective.[viii] In democratic societies, one must take into consideration community morals and values.[ix] Even if we were to punish people for their health-adverse behaviors, we could not logistically employ the vigorous and sustained efforts necessary to determine whose actions are morally weak.[x] III. The Liberal-Egalitarian Proposal One past argument proposes a liberal-egalitarian solution to manage personal responsibility for so-called “lifestyle diseases.”[xi] This Rawlsian system combines the European-style “social safety net” commitment to social and economic equality with the American liberal notion of pluralist toleration and personal freedoms. This idealized system aims to hold people responsible for their choices rather than the consequences to mitigate the downside of blaming those who might not be blameworthy. The approach avoids determining the questionable nature of luck and personal responsibility for health outcomes, fairness in the distribution of economic burden, and the intrusiveness required to practically determine who acts in a morally wrong and health-adverse way. The liberal-egalitarian model, a theory of distributive justice, has two facets: the liberal principle that people should be held accountable for their choices and the egalitarian principle that people who make the same choices should have the same outcomes.[xii] This model attempts to fuse responsibility with equity by seeking to reward good behavior and tax bad behavior rather than punish the consequences of the action and navigate who deserves treatment. For instance, the hospital bedside is not the appropriate place to introduce responsibility for one’s health outcomes.[xiii] This appeals to the reality that, at that time, discerning the true causes of disease was not plausible and to humanity in avoiding a heartless and cruel approach. An argument in favor of the liberal-egalitarian model considers its method of implementation. This approach assumes that the healthcare system treats all individuals regardless of their choices or ability to cover costs. The liberal-egalitarian model also assumes that a certain adverse health condition is related, statistically speaking, to the consumption of a certain good and that good can be taxed. As such, it proposes to tax the consumption of that good to finance the collective burden which arises from that good’s consumption rather than require individuals to pay for their own treatment. In the example of ARESLD, the recommended solution would be taxing all alcohol. While a systematic infrastructure is not explicit, there is the implication that a per-unit tax can be imposed on alcohol so the total tax revenue would make up for the additional healthcare costs due to consumption.[xiv] Upholding the principle that all people who make the same choices should face the same costs, all consumers of alcohol would pay the same tax, regardless of factors such as genetic predisposition to alcoholism, lifestyle, or expected cost of treatment. Upholding the principle of individual responsibility, this model does not deny treatment to anyone, neutralizing factors outside that individual’s control by imposing the tax ex-ante. Other people are not burdened by those who consume the good. People who consume alcohol face a burden proportional to the amount consumed. This tax-based implementation is justified so long as the tax is not prohibitively high for the average consumer. Further, the model mitigates concerns over the intrusiveness of ascribing morality to health-adverse behaviors. IV. Moral and Social Arguments Against the Liberal-Egalitarian Position Arguments against the liberal-egalitarian model concerns its many assumptions. First, this model assumes that consumption of such goods is directly related to the health outcome and that these goods can be taxed.[xv] Certain people genetically predisposed to alcoholism would be predisposed to consume more alcohol. The model falls short when applied to scenarios where health outcomes are not consumption-based, such as engaging in unsafe sex or abstaining from healthy lifestyle choices like exercise. Second, some might argue that the liberal-egalitarian model fails to remain neutral. Residual moral judgments tied to consumption choices introduce non-neutrality. Although taxation in free societies is determined by democratic procedures rather than by individuals in the healthcare system, moral and value-based judgments will be implicit in deciding what behaviors are taxable, such as the purchase of cigarettes. Third, the liberal-egalitarian model fails to determine whether one’s behavior is autonomous, as socio-cultural-economic factors may influence it and behavior is more a product of society, peer pressure, or income. Those also may reflect systemic inequalities. Therefore, this model, which rewards, or taxes based solely on decisions, regardless of their consequences and motivations, fails to consider that a person’s decisions may not be completely autonomous. V. Libertarian Arguments Against the Liberal-Egalitarian Model a. State Intrusiveness as Counter to the Liberal-Egalitarian Model Last, there is a libertarian worry that if the state guarantees universal healthcare coverage to all people, the state will have to become highly intrusive and investigate people’s morals.[xvi] At least one-third of all disease burden in North America, Europe, and the Asia-Pacific is attributable to lifestyle measures such as tobacco smoking, alcohol consumption, high cholesterol, and obesity.[xvii] With these various lifestyles, it is not likely to agree on what conduct to tax or condemn.[xviii] The fine-toothed comb required to determine whether each citizen has been engaging in these behaviors would intrude on daily life and personal freedom. Libertarians champion the argument that impractical intrusiveness would result from universal healthcare, and such a degree of intrusiveness would likely be universally unacceptable.[xix] The liberal-egalitarian model mitigates the libertarian worry about state intrusiveness as it does not involve prying into one’s life and choices other than taxing goods. A liberal state should ideally be neutral to how people decide to live their lives. In all, libertarians can rest assured that the liberal-egalitarian tax-based model, through its ex-ante implementation, will require no prying state eyes. States that provide universal healthcare coverage and wish to condemn certain misconduct do not need to become overly intrusive to carry out measures to hold individuals accountable. b. Fairness Another libertarian worry regarding the guarantee of universal healthcare coverage in the context of lifestyle-driven diseases is that the public will be burdened unfairly with covering others’ ill-advised mistakes or bad luck. An ideal system to address this worry would link treatment or payment for treatment with whatever behavior caused that need.[xx] The distribution of burdens should be linked to how different individuals contributed to the creation of those burdens. Applied to health policy, we should ask how the need for a certain treatment arose when determining how to distribute its cost.[xxi] The liberal-egalitarian model aspires to hold individuals responsible for their choices, not for the consequences of such choices. This model significantly mitigates the libertarian worry over unfair burdens for covering other people’s mistakes or social conditions, which lead to those bad outcomes, by ensuring to not burden others with any of the costs for the treatment of people who decide to engage in certain health-adverse behaviors. The aforementioned taxation-based system would only tax those who also engage in the health-adverse behavior through consumption, and that tax directly pays for the necessary collective treatment. As such, those who do not consume the good are not involved with the payment scheme, while those who do consume the good are responsible for payment in a matter proportional to the amount of the good they have consumed. VI. Universal Coverage Taking a step back, one should consider whether these worries regarding the coverage of apparently self-inflicted health conditions in the context of universal healthcare are worthwhile issues. One perspective raises what is called the culturally imagined objection — an idea erroneously held by many that sick people, especially those who are poor and uneducated, bring these illnesses upon themselves due to poor decision-making and irresponsible risk-taking.[xxii] This perspective critiques the uniquely American view that, since individuals are free to choose their lifestyles, they should bear the costs of their lifestyle.[xxiii] Taking this argument further, some (perhaps the strongly libertarian) would say that the poor health status among many individuals is the price individuals must pay for their American way of life and the liberty and freedom to live as they wish. However, people should not completely punish individuals for their health-adverse behaviors because these choices are largely pre-determined by a person’s socioeconomic influences.[xxiv] The outcomes from these allegedly ill-advised behaviors, which largely affect poorer people, are not just poor behavior but rather a public health crisis. Perhaps the state and its people should take collective responsibility and cover the costs of treatment for those health outcomes without question, as a form of public service. Rather than worrying about accountability and taxing bad behavior or intrusiveness into personal decisions, some might argue that people need to collectively take responsibility for reducing the overarching systemic inequalities and covering the associated treatment costs as a measure of public health. VII. Proposed Solution Given the strengths of the liberal-egalitarian model and taking into account libertarian and social justice-oriented objections, an ideal solution for the coverage of lifestyle-related health problems needs to consider the complex relationship between a person’s behaviors and their apparent health outcomes. It must consider how society as a whole passes judgment on behaviors and how to take into account that many health-adverse decisions are not truly autonomous decisions, as various genetic and socioeconomic factors influence them. An ideal solution combines the liberal-egalitarian tax-based model with the social justice concerns of universal coverage. Whatever the cost for the treatment of medical issues resulting in part or entirely from lifestyle and diet, taxes collected from spending associated with the behavior (like the purchase of alcohol, junk food, and cigarettes) ex-ante should fund 50 percent of the cost of treatment, while the universal healthcare taxation scheme should include the other 50 percent. Such a system would provide an incentive to avoid the purchases that can lead to unhealthy consumption and make healthier choices, slightly punish and discourage such purchases through taxation, yet not overly punish people whose outcomes may have more to do with socioeconomic factors and genetics. Adding public responsibility demonstrates acknowledgement that health care is in the public interest and can mitigate public health inequalities. This solution would fuse personal responsibility with the public responsibility of state-sponsored social improvement while ensuring that all people have fair access to necessary treatment, no matter their ability to pay. CONCLUSION The 50-50 system this paper proposes reflects both justice and personal responsibility in covering healthcare costs allegedly brought about by people’s own health-adverse behaviors. By allocating tax revenue from consumption that contributes or even alone causes poor health outcomes, such a system incorporates personal responsibility. By using general tax revenue for health care, such a system would meet the libertarian requirement of providing care without any moral investigation of past behaviors and the social justice consideration of providing health care to those who may have unwittingly ventured into ill-health due to systemic injustice, socioeconomics, or genetics. - [i] Cappelen, A. W. (2005). Responsibility in health care: A liberal egalitarian approach. Journal of Medical Ethics, 31(8), 476–480. https://doi.org/10.1136/jme.2004.010421 [ii] Moss, A. H. (1991). Should alcoholics compete equally for liver transplantation? JAMA: The Journal of the American Medical Association, 265(10), 1295–1298. https://doi.org/10.1001/jama.1991.03460100097032 [iii] Moss, p. 1295-1298. [iv] Moss, p. 1296. [v] Moss, p. 1295-1298. [vi] Moss, p. 1295-1298. [vii] Cohen, C. IS THIS SUPPOSED TO BE COHEN AND BENJAMIN (1991). Alcoholics and liver transplantation. JAMA: The Journal of the American Medical Association, 265(10), 1299–1301. https://doi.org/10.1001/jama.1991.03460100101033 [viii] Cohen, p. 1299-1301. [ix] Moss, p. 1297. [x] Cohen, p. 1300. [xi] Cappelen, p. 478-480. [xii] Cappalen, p. 478-480. [xiii] Cappelen, p.479. [xiv] Cappelen, p. 479. [xv] Cappelen, p. 479 [xvi] Cohen, p. 1301. [xvii] Cappelen, p. 478. [xviii] Cohen, p. 1299-1301. [xix] Cohen, p. 1301. [xx] Cappelen, p. 476-480. [xxi] Cappelen, p. 476-480. [xxii] Kawachi, I. (2005). Why the United States is not number one in Health. Healthy, Wealthy, and Fair, 18–33. https://doi.org/10.1093/acprof:oso/9780195170665.003.0013 [xxiii] Kawachi, p. 18-33. [xxiv] Kawachi, p. 18-33. (shrink)

Positivism, the predominant philosophy of Latin America’s elites at the end of the nineteenth century, found its exemplary expression in Brazil’s castilhismo and Mexico’s porfiriato. Argentina, in contrast, seemed to have deviated from the norm of ‘enlightened dictatorships’. After the end of the Rosas tyranny in 1852, authoritarianism had been discredited. Early positivism, as embodied by Teacher-President Sarmiento, could barely be distinguished from liberalism and no single political philosophy was able to exert hegemony. However, the significance of ‘scientific politics’ (...) should not be downplayed. As this article argues, the merger, in the 1880s, of Comtean positivism and teacher training revolutionised education policies that aimed at erasing frontier backwardness and inserting future generations into an export-led economy, oligarchic polity, and homogenous national organism. Normal schools, especially Sarmiento’s Escuela de Parana´, acted as laboratories for the assimilation, merger, and contestation of European, North American, and autochthonous scientific, philosophical, and pedagogical traditions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:In Memoriam: Jan Van Bragt (1928–2007)James W. HeisigEarly on the morning of Easter Thursday, April 12, 2007, Jan Van Bragt passed away quietly at the age of seventy-eight.1 During the previous year his health had begun to deteriorate, until in the final days of 2006 he was obliged to leave Kyoto and take up residence with his religious congregation in Himeji. On February 21, he was hospitalized with lung (...) cancer and was operated on some weeks later. After a brief period in a semi-comatose state, he regained consciousness but was never to speak again.Jan was born in Flemish Belgium and entered the Congregation of the Immaculate Heart of Mary at age eighteen. Six years later, he was ordained a priest. After receiving his master’s degree in philosophy, he entered the doctoral program and at the same time lectured at the congregation’s seminary. Five years later he received his doctoral degree in philosophy from the University of Leuven with a thesis on Hegel and immediately set sail for Japan, landing in December 1961.Jan undertook eighteen months of training in the language and then spent another eighteen months working as an assistant pastor at the Sakai Catholic Church near Osaka. In 1965, he was accepted as a research student at Kyoto University, where he spent the next six years studying with Takeuchi Yoshinori and Nishitani Keiji. In 1971, he was named provincial superior of the congregation in Japan, a post he held for five years until he was unexpectedly requested to serve as the first acting director of the newly established Nanzan Institute for Religion and Culture.For the next fifteen years Jan brought the fledgling institute to maturity, galvanizing the young and inexperienced staff into a community of scholars devoted to exploring the largely unknown and uncharted waters of interreligious dialogue in Japan. Among his first projects was the intermonastic exchange that brought leading Buddhist monks and nuns from Japan to European monasteries and vice versa. At a concluding symposium in Japan he served as chair, juggling Japanese, Flemish, German, French, and English with the skill and poise for which we all remember him. After a flurry of publications on the project, he left the project to others to carry on—as it has to this day, having reached a second generation, most of whom no longer know the inaugural role that he played.Jan was also a key figure in the Japan Society for Buddhist-Christian Studies, founded in 1982. In addition to bringing the central office of the society to the [End Page 141] Nanzan Institute, he served as president from 1989 to 1997. During his years at the Nanzan Institute, he was in demand around Japan as a lecturer or partner in dialogue. For many years he traveled around the world in the same capacity and was invited to teach in Canada, Belgium, the United States, and the Philippines. From 1985 to 1990, he served as a member of the Pontifical Council for Interreligious Dialogue. In his thinking and writing, his study and reading, as well as in his moral concerns, Jan straddled any number of civilizations, histories, literatures, and cultures. In the end, however, it was in Japan that he felt most at home, where he found a loom on which to weave the things of life into a single view of the world.At his funeral, Jan Swyngedouw, a fellow Flemish missionary and longtime colleague at the Nanzan Institute, delivered a thoughtful and touching tribute to a man who had always shied away from honors and recognition, preferring to let others stand on his shoulders and even accept the credit that was rightly his. Swyngedouw told of going through Jan’s library (the philosophical portion of which he graciously donated to the Centro Studi Asiatico in Osaka) and being struck by the number of volumes on mysticism. Like all of us, he knew of Jan’s academic interest in the Christian mystics as a bridge between religions, but as he read through comments in the margins he came to realize what most of us had never noticed: how deeply Jan’s own spirituality was rooted in... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Commentary on “Lumps and Bumps”Katherine Arens (bio)“Lumps and Bumps” offers a fresh look at nosological classifications in terms of their genesis in eighteenth-century philosophy by acknowledging the proximity of philosophy to the sciences of the mind in the eighteenth and nineteenth centuries, especially in Germany. Today, strict borders are drawn between these fields by mainstream practitioners, but work like Radden’s makes a strong case for acknowledging not only multiculturalism, (...) but also the historicity of science. As such, it is exemplary interdisciplinary work tracing a set of concepts (here, a taxonomy of mental illness) back to its sources. Yet Radden tacitly raises other questions significant for the interrelationships between psychology/psychiatry and philosophy in the nineteenth and twentieth centuries.First, Radden quite rightly points to the fact that taxonomies defining mental illness will differ across cultures (e.g., that Scottish and German “faculty psychologies” differed). Yet her question can be inverted to ask a historical question: how can taxonomies of mental illness be used to interrogate the very construct of “the European Enlightenment” itself (in a sense, offering a variant on Michel Foucault’s Birth of a Clinic). This question is significant, since the “Enlightenment” has an internationalist contour in the history of philosophy that it may well not have had in medicine.In what way, for example, can Hume and Locke be considered more direct references for Kant than his philosophical nemesis, Johann Gottfried Herder, or physiologists La Mettrie (French) and Albrecht von Haller (Swiss)? Today, these two questions seem to lie on opposite sides of acknowledged disciplinary boundaries, across discourses of the various sciences, and they are not generally asked by intellectual historians, since they lie in different cultural traditions. Yet the German Idealist tradition that came out of the Enlightenment in the generation between Wolf and Kant had different boundaries between philosophy and the natural sciences than did its English equivalent. In this sense, then, Radden has made an argument that could be used to indicate how far the British empiricists actually influenced Kant, as an index of how science crosses both disciplinary and national boundaries.Second, Radden’s work raises a methodological issue for interdisciplinary work on the emergence of psychology: how one can trace the rapid mutation of critical terminology within the evolution of a single discipline across time. Even if some differentiation between affect and cognition was in place from the time of Kant all the way through to the DSM, for instance, the historical and cultural behavioral phenomena to which that distinction refers need to be specified in each context in which they occur, in different [End Page 15] times and places. Psychology between Kant and Kraepelin exemplifies this “interdisciplinarity” of an evolving field. Was psychology to be institutionalized as part of philosophy departments, or of physiology, or of education? The research in these three fields was carried out in almost identical terms in the early nineteenth century, but what that research means needs to be further historicized.For example, “reason” and “passion” occur as reference concepts in Goethe’s Sorrows of Young Werther, just as they do in Rousseau’s Nouvelle Heloise and Confessions, and in Richardson’s Pamela. Yet the behaviors that are identified as “passionate” differ across cultures, and so need to be defined today in ways that acknowledge chains of influence as they existed at that time, not as reconstructed for other purposes.The third issue raised by Radden’s study and needing further study is the question of power politics in science. Each use of terms has its own strategic importance, and every act of classification is potentially political. When classification schema are exported, imported, rejected, or upheld, the practitioner/professional not only makes a scientific statement, but a social one as well, by adhering to a set of professional organizations, institutions, and other power configurations in which the schema appear. In the case of Kant’s taxonomy of mind, one might ask what the significance was when he added “will” to the reason/passion dichotomy that pervaded his sources. What has he gained or lost by using these terms in the context of faculty psychology?Similarly, what is the cultural significance of that third... (shrink)

At M. Bernard's I saw several magnificent paintings on porcelain by Monsieur Constantin. In two hundred years, Raphael's frescoes will be known only through Monsieur Constantin.Stendhal, Voyage en France, 1837If we compare the forms that the act of copying has assumed in various civilizations, we cannot fail to notice that a certain number of phenomena are specific to European culture since the Renaissance. Perhaps one of the most singular of these phenomena is the will to create and to possess (...) imperishable reproductions of works that have been singled out, at a given moment, as the brightest jewels of Western art. The history of the fortune of Graeco-Roman sculptures has been masterfully related by Francis Haskell and Nicholas Penny in Taste and the Antique: The Lure of Classical Sculpture 1500-1900, even if it would no doubt be worthwhile to give further consideration to the critical fortune of materials used for reproduction, and particularly to the particular prestige attached to bronze—from the Mantuan works of Antico to the reconstitutions of Greek Urbilder in bronze, instead of the plaster used earlier, which were executed at the beginning of the twentieth century, such as the two Doryphoros that Georg Römer realized from various ancient marble copies of Polyclitus's athlete. But, in fact, it was not only in modern Europe that copies were made in bronze. The production of copies using this alloy was particularly prevalent in imperial China after the rediscovery, in the second half of the eleventh century of our era, of a collection of archaic bronzes from the Shang era. This is why I prefer to call attention to a practice that appears to me, in contrast, to be unique to the Western world: the copying of renowned paintings in materials that are supposed to defy time. (shrink)

While analysing constitutions of various countries in the legal literature, usually not only the form and the content but also the structure of the constitution is discussed. The structure of the constitution is an internal organisational order of the norms of the constitution. Although every state has a unique structure of their constitution, however, certain regularities can be discerned. The analysis of the structure of various constitutions leads to a conclusion that normally each constitution consists of the following standard structural (...) parts: the preamble, the main part, the final, transitional or additional provisions, in some constitutions there can also be annexes. The article ascertains that most of the constitutions begin with the introductory part, the preamble. Only the constitutions of several countries (e.g. Norway, the Netherlands, Belgium, Italy, Greece) contain no preamble. After analysing the preambles of the Lithuanian Constitutions adopted in 1918-1940, the Lithuanian Constitution of 1992, the Constitution of the United States of America of 1787, the Constitution of Federal Republic of Germany of 1949, and the constitutions of several Central and Eastern European countries (the Constitution of the Republic of Estonia of 1992, the Constitution of Czech Republic of 1992 and the Constitution of the Republic of Poland of 1997) it is stated that a preamble is considered as an inseparable part of an official text of a constitution. The preamble reflects the historical context and the circumstances of the adoption of a constitution, names the goals of the constitutional regulation, fortifies the values to be attained, declares the key political principles or even the fundamental human rights and freedoms, etc. Often the preamble reveals the methods of adoption of a constitution. The preamble is an important structural part of the constitution that helps to understand the established constitutional regulation. The principles enshrined in it can be considered as significant argument for the constitutional justice institutions while solving the case of whether the law or any other legal act in question contradicts with the constitution. While interpreting and applying the constitution as a single act, its separate sections, clauses or certain provisions it is necessary to take the content of the preamble into account, since no text of the constitution shall be interpreted in a way to contradict the statements of the preamble and its spirit. The preamble is not only a category of a political, ideological or philosophical nature, it undoubtedly has the legal burden, therefore it is considered to have legal validity. Constitutions usually do not contain any particular preamble amendment procedures. The preambles are characterised to have the so-called higher style; they are usually formulated not in compliance with the requirements of legal technique. Therefore, they differ from other constitutional provisions that are usually set out in official writing style according to certain rules of legal technique. (shrink)

In 2021, 193 Member States at UNESCO’s General Conference adopted the Recommendation on the Ethics of Artificial Intelligence as the first important step towards a future global standard-setting instrument on the subject. The text reflects an emerging consensus among the international community about the growing ethical concerns with artificial intelligence (AI). Among these concerns are also serious risks and dangers attributed to the manipulative effects of AI, which can be further exacerbated by the creative combination of AI with other innovative (...) technologies or applications, such as brain–computer interfaces (BCIs), functional magnetic resonance imaging (fMRI), robotics, and big data. The risks for individuals and society as a whole caused by manipulation through AI are already well known and have recently also been addressed by the European Union having released a proposal for an Artificial Intelligence Act (AIA). Among multiple risks related to AI, the AIA singles out the specific dangers related to AI systems that deploy “subliminal techniques beyond a person’s consciousness to materially distort a person’s behaviour in a manner that causes or is likely to cause that person or another person physical or psychological harm”. The present article thus aims to highlight the known and potential dangers related to AI systems manipulating human thoughts and behaviour through subliminal and supraliminal means and methods. To this end, it advocates the joint study of law and the senses captured by the concept of legal synaesthesia to correspond to the need for an interdisciplinary debate covering the complexity of the links between AI, related technologies, human perception based on the senses and the mind, as well as the role and instruments of law in the future organization of societies in this world. (shrink)

This guide accompanies the following article(s): ‘Full Disclosure of the “Raw Data” of Research on Humans: Citizens’ Rights, Product Manufacturer’s Obligations and the Quality of the Scientific Database.’Philosophy Compass 6/2 (2011): 90–99. doi: 10.1111/j.1747‐9991.2010.00376.x Author’s Introduction Securing consent (and informed consent) from patients and research study participants is a key concern in patient care and research on humans. Yet, the legal doctrines of consent and informed consent differ in their applications. In patient care, the judicial doctrines of consent and informed (...) consent are disclosure doctrines based on the obligation of physicians to inform their patients of the following types of information: the nature of the procedure the physician is recommending in the patent’s care (P), the alternatives to the physician‐recommendation (A), and the risks of procedure and its alternatives (R). In addition, the physician must provide truthful answers to the patient’s questions (Q) to the best of the physician’s abilities. In research on humans, the onus of disclosure by study sponsors and principal investigators is much greater than in patient care precisely because the purpose of research is not patient care. The purpose of research is the identification and development of new generalizable knowledge. Thus, participation in a research study or trial may not benefit the study volunteer at all. In addition, the participant may carry a heavy risk burden in relationship to any testing of a newly designed drug or device as part of their experiences in the research study. Presently, despite the risks borne by the research study participant, the raw data collected from volunteers in research trials are treated by courts as if they were the private property of the study sponsor rather than generally owed to the public as would be expected by an effort like research participation aimed at contributing to the development of generalizable knowledge. This paper reviews the obligations that study sponsors owe to their study participants based on the very definition of research as a systematic activity whose purpose is to develop generalizable knowledge to help all humans. Author Recommends Court cases Canterbury v. Spence, United States Court of Appeals, District of Columbia Circuit 464 F.2d 772 (1972). (Federal appellate decision heard in the District of Columbia, USA) Reibl v. Hughes, 2 S.C.R. 880 (1980). (Supreme Court of Canada) Rogers v. Whitaker, 175 C.L. R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Canterbury v. Spence is the landmark Federal informed consent case in the United States heard in the District of Columbia. In this case, Judge Spottswood Robinson articulated the reasonable person standard of informed consent. This standard was subsequently adopted by the Supreme Court of Canada (Reibl v. Hughes, 2 S.C.R. 880 (1980)) and the High Court of Australia (Rogers v. Whitaker, 175 C.L. R. 479 (1992)). The House of Lords rejected the reasonable person standard in England in Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985). Book Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. This book is a detailed guide for the review of scientific and ethical aspects of research on humans contained in the research study protocols and research informed consent forms which need to be submitted by study sponsors and principal investigators to institutional review boards (IRBs) for IRB review before a research study can receive approval to be conducted within a human study population in those institutions over which the IRB has authority. It also presents basic definitions in the area of research on humans and basic approaches to help conduct a deep review of the underlying scientific and ethical issues that are present within a research study protocol and its accompanying research informed consent form. Report National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). This U.S. National Commission in the Belmont Report argued for the necessity of a reasonable volunteer standard in research on humans in the United States. Arguing that the professional standard and the reasonable person standard of consent and informed consent were insufficient to base a disclosure standard in research on humans, this National Commission developed the reasonable volunteer standard where a study participant is to be approached in research informed consent with that information that a reasonable volunteer would want to know. Online Materials Belmont Report: Syllabus Topics for Lecture and Discussion Week I: Introduction and Overview Readings: Rogers v. Whitaker, 175 C.L.R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week II: The Different Standards of Consent and Informed Consent Readings: Canterbury v. Spence, 464 F.2d 772 (1972). (Federal appellate opinion heard in the District of Columbia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week III: Definition of Research Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 2 and 3) Week IV: How to Review a Research Study Protocol and Research Informed Consent Form Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 4–6, 10, and 12–14) Week V: Obligations in Research of Humans Versus Patient Care Reading: National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). Focus Questions • How do the judicial doctrines of consent in England and Australia compare to the judicial doctrines of informed consent in the United States and Canada? • How does a professional standard of disclosure differ from a reasonable person standard of disclosure? • What is the definition of research? • How is a research study (study proposal and research informed consent form) reviewed from scientific and ethical bases for considerations of approval by an IRB? • How do the obligations of a study sponsor, a principal investigator, and a research team conducting a research trial on human study participants differ from the obligations of a physician caring for a patient? • Should all raw data of research derived from humans be made available to the public for use in developing generalizable knowledge to help others, or should raw data be considered the private property of the study sponsors (for example, prescription drug manufacturers), who fund the research trials? Seminar/project Idea Draw a timeline of the development of the basic concepts of consent and informed consent in patient care and in patient research. On this timeline, first place the dates of the key court cases in England, the United States, Canada, and Australia on consent and informed consent. Then place the date of the development of the Belmont Report. Why do differences exist between these four countries in terms of the legal requirements of informedness of a patient (in medical care) and a study participant (in medical research)? What roles if any do the concepts of self‐determination and self‐decision have in consent and informed consent in patient care and in informed consent in research on humans among the four countries of interest? What are the realities of research on human participants that require a new standard of informed consent, the reasonable volunteer standard, to be developed beyond the two standards in patient care, the professional standard, and the reasonable person standard? Counterpoint Arguments The following are counterpoint arguments that need to be appreciated to more fully understand the concepts that impact the thesis that ‘raw data’ should be open to the public to allow the opportunity of checking of the results of its associated scientific paper and for further analysis. De‐Identified (Anonymized) Raw Data A current approach to identifying (anonymizinig) raw data is based on the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L.104‐191). HIPAA was enacted by the U.S. Congress in 1996 to keep a person’s medical information private. In a research study, a person’s private medical information can become research data. HIPAA’s Privacy Rule allows a covered entity to de‐identify data by removing all 18 elements that could be used to identify the individual or the individual’s relatives, employers, or household members; these elements are enumerated in the Privacy Rule. The covered entity must also have no actual knowledge that the remaining information could be used alone or in combination with other information to identify the individual who is the subject of the information. Under this method, the identifiers that must be removed are the following: 1 Names. 2 All geographic subdivisions smaller than a state, including street address, city, county, precinct, ZIP Code, and their equivalent geographical codes, except for the initial three digits of a ZIP Code if, according to the current publicly available data from the Bureau of the Census: 2a. The geographic unit formed by combining all ZIP Codes with the same three initial digits contains more than 20,000 people. 2b. The initial three digits of a ZIP Code for all such geographic units containing 20,000 or fewer people are changed to 000. 3 All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, and date of death, and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older. 4 Telephone numbers. 5 Facsimile numbers. 6 Electronic mail addresses. 7 Social security numbers. 8 Medical record numbers. 9 Health plan beneficiary numbers. 10 Account numbers. 11 Certificate/license numbers. 12 Vehicle identifiers and serial numbers, including license plate numbers. 13 Device identifiers and serial numbers. 14 Web universal resource locators (URLs). 15 Internet protocol (IP) address numbers. 16 Biometric identifiers, including fingerprints and voiceprints. 17 Full‐face photographic images and any comparable images. 18 Any other unique identifying number, characteristic, or code, unless otherwise permitted by the Privacy Rule for re‐identification. Even though ‘raw data’ can be de‐identified (anonymized) so that there is no way to trace back the data to the study participant from which it was drawn, there are still questions whether the ‘de‐identified raw data’ can be given to other researchers or made public without the original study participant’s approval. It may be the case that this approval could be done at the start of any research study where the individual considering study participation would be counseled on what the process of de‐identification consists of and would be asked whether the participant would allow use of the data by other researchers or made available to the public in a de‐identified state. However, there may be questions of the study participants as to whether the data are truly de‐identified and untraceable back to the study participant since the participant would not be able to see the process actually being carried out in detail in all relevant circumstances. Using Raw Data in Context Simply being in possession of raw data is never enough to build on that data from a research perspective. Researchers need to understand the context of the scientific research study in which the data were collected. This research context includes (but is not limited to): (i) the scientific hypothesis of the research study, (ii) the inclusion and exclusion criteria selected by the research designers of the study to determine which study participants were included and which were excluded from the study, (iii) the methods used to collect the data and possibilities of errors in the data collection processes, and (iv) answers to questions regarding whether any data were excluded from the study data and why these data were excluded. Ownership Rights Over Data There are ownership rights over data. Ownership rights include court decision making related to the question which parties are to be considered as the owners of the data. Possible owners here include (but are not limited to) (i) the study sponsor whose only role was to fund that study, (ii) the principal investigator(s) who developed the scientific hypothesis, and (iii) individual study participants through special contracts made by individual participants who negotiate such contracts with study sponsors and principal investigators to share in the ownership of data. Examples of such data are participant sources of unique gene lines or unique cell lines to be used in future research. Objections to Data Sharing Finally, individual researchers may simply object to sharing data. A researcher’s arguments here may be simply stating that he or she has a right to fully analyze the data since the collection of the data was the researchers’ idea in the first place. These researchers may argue that they have the right to mine the data as fully as they can before deciding to make the data open to the public for others to analyze. Works Cited 1 Kaiser, J. ‘Making Clinical Data Widely Available.’Science 322.5899 (10 Oct. 2008): 217–8. 2 de Lusignan, S., J.F. Metsemakers, P. Houwink, V. Gunnarsdottir, and J. van der Lei. ‘Routinely Collected General Practice Data: Goldmines for Research? A Report of the European Federation for Medical Informatics Primary Care Informatics Working Group (EFMI PCIWG) from MIE2006, Maastricht, The Netherlands.’Informatics in Primary Care 14.3 (2006): 203–9. 3 Sim, I. ‘Human Studies Database Project’, CTSA Data Repositories Symposium (17 Oct. 2008). 23 Nov. 2010. 4 Sim, I., C.G. Chute, H. Lehmann, R. Nagarajan, M. Nahm, and R.H. Scheuermann. ‘Keeping Raw Data in Context.’Science 323.5915 (6 Feb. 2009): 713. 5 U.S. Department of Health and Human Services, National Institutes of Health, HIPAA Privacy Rule, Information for Researchers. 13 Nov. 2010. 6 Wilczynski, N.L., R.B. Haynes, and Hedges Team. ‘EMBASE Search Strategies for Identifying Methodologically Sound Diagnostic Studies for Use by Clinicians and Researchers.’BMC Medicine 29.3 (March 2005): 7. (shrink)

Purpose. The paper considers the fear of social alienation of love. It is within the limits of psychoanalytic epistemology, the analysis of which will be presented in the article, the tendencies to monotony and universal solutions with an emphasis on ensuring the objectivity of the problem of gender alienation, to be more exact, the fear of love, which causes the gender process, are viewed most reliably. In view of the above the purpose of the paper is to investigate the conceptual (...) contradictions associated with the reconstruction of basic measurements of the fear of alienation of love within different ideological approaches; to reveal the most significant contradictions that manifest themselves in the differences between secular and religious frames; to determine a philosophical and fundamental foundation for the types of fear: metaphysical, transcendental and social, which to some extent have influenced the development of a gender tradition. The paper investigates the fear of alienation of love, not as an instinct or psychological experience, or as a social factor, but as a correlation between the functional types of fear and the peculiarities of social and cultural processes, and it acts as a dependence of the European societies on the various functional forms of fear of love that influence the processes of social transformations. Theoretical basis. The authors determine that in the gender approach the subject, who is cognized, has specific desires and interests. The process of cognation is local, contextual, in which physiologically and spiritually the fear of alienation of love is closely linked to the conditions of existence of people, with the arrangement of social and individual life. In modern civilization, true love with some exceptions, is fleeting. It is now hindered by the burdens of life, and ideological settings, which go only from the "I", and not from the common "I and You", contributing to frustration and alienation. Originality. The emphasis is placed on the fact that the fear of alienation of love, as a way of identifying the essential characteristics of "I", acts as an existential, which concentrates on the sense-life range of problems. The range of problem in a single topic is in the "point I", surrounded by gender boundaries, it contains as a condition for its manifestation the personality distancing – free or forced consolidation and assertion of the autonomy of the individual. Alienation of love as an existential admits in the register of the intimate, intentional for self-perception, internal state to organize and identify with the "authentic I". Conclusions. The article establishes that gender identity under the conditions of modern socio-psychological crisis is associated with forming a special "picture of fear, anxiety, loneliness" as a part of that internal and external world, generated by alienation from society. The fear of alienated love acts as the essential existential of human being, which is a necessary existential condition of the existential tension that occurs as an antipode and a characteristic of courage, asceticism, and the "beginning of wisdom". The considered phenomenon of the fear of alienation of love is interpreted as the result of the ontological and gender alienation of a person who has lost a sense of security and plunged into a continuous interindividual rivalry. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS The Abuse of Casuistry: A History of Moral Reasoning. By ALBERT R. JoNSEN & STEPHEN TOULMIN. Berkeley: University of California Press, 1988. Pp. ix +420. This volume results from the collaborative efforts of a social philosopher and an ethician. The two authors undertook the book's composition while taking part in the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. Set up by (...) the United States Congress in 1974, this federal commission worked for some three years. Thus, it was in the course of political discussions, which concerned governmental control of scientific experimentation involving human persons, that the authors generated new perspectives on and, to be sure, a new definition of casuistry. Furthermore, in Abuse of Casuistry, Albert R. Jonsen and Stephen Toulmin purport to establish an historical perspective for concerns which figure prominently in the cacophony of contemporary moral discourse. Towards this end, they set forth an innovative interpretation of the history of moral reasoning. Regretfully, this task constrains them. Throughout the book, the authors deal selectively with any data which do not conform to their fundamental intuition concerning the ultimate particularity of moral decisions. In short, the authors advance the argument that " casuistry " (as they understand and define it) provides a basic paradigm for all practical moral decisions, so that the validity of moral " rules " meets with a priori suspicion. Undoubtedly the problem-solving situation which gave rise to the collaborative research abets such a point de depart. We are not surprised, then, to discover a sub-heading like "the tyranny of principles " (p. 5) early along in the book's prologue. The authors explain their focus: "[I]t is just those situations that are not covered by appeal to any single simple rule that begin to be problematic; and in just those cases our concern to act rightly gives rise to genuinely moral "questions" and "issues" (p. 7). Furthermore, they insist: " Even a simple rule may leave us in genuine doubt in situations to which it applies only marginally or ambiguously." This exclusive emphasis on what moralists once called the " situation " launches an ambitious project to re-capitulate the history of moral reasoning from perspectives broadly characteristic of casuistry. The basic plan of the book incorporates six major parts. In a 151 152 BOOK REVIEWS cursory way, the first three parts consider large fields of research: first, classical philosophy, which, argue the authors, forms the " roots of casuistry in antiquity," next, the early and medieval Christian "precursors " of casuistry, and, finally, the renaissance phenomenon, which scholars usually identify as the period of casuistry. All in all, we move from the peripatetic Greeks of the 5th and 4th centuries B.C. to the European casuists of the 16th and 17th centuries A.D. Part one locates the remote origins of casuistry in classical Greek philosophy and its concern for the difference between theory and practice in moral mat· ters. In part two, the authors consider representative figures from Athens, Rome, and Jerusalem in order to illustrate clearly that the resolution of moral perplexities has always formed part of any serious moralist's work. We also encounter the medieval canonists, confessors, and theologians. Unfortunately, the authors sometimes press a theologian into unwilling service for their working hypothesis. To cite one example, as expected, they focus their study of Aquinas onto his consideration of moral circumstances in Summa theologiae, Ia-Hae, qq. 7 and 18. It is true, their general theory holds: serious moralists do take into account those "special circumstances that mark the individual's lot" (George Eliot, "The Mill on the Floss"). However, the authors also overstate their conclusions. For instance, they implicate Aquinas as follows: In sum, ' the human act ought to vary according to diverse circum· stances: this is the entire matter of morality.' That last text from Thomas Aquinas could almost serve as the motto for the whole enterprise of casuistry (p. 135). Of course, such an evaluation does not take even partial account of Aquinas's moral theory. What is more to the point, the quotation does not exist in any of the three different places named by the authors, viz., Summa theologiae, Ia-Hae, q. 18, aa... (shrink)

The author stresses that his approach is not a philosophical one, but that he is describing art as it has historically emerged. Hans-Georg Gadamer, however, says in his preface that precisely this letting itself be shown and demonstration is “phenomenology”. In effect the author applies Greek and European arthistory to completed creations, placing his main emphasis, as befits an historian of music, on music and poetry. Poetry is that outstanding mode of speech that “names” things: what is becomes aware (...) of itself in man; in this way it can come out into the light and be named in its “it is”—even through a single word. This naming partakes of God’s act of creation, but must accept what is given. Music, on the other hand, is attributed to the angels, who, like birds, sing and fly. Music rises above the earthly by turning away from a sensation of what is given to relations that are determined by numbers, namely the linking together of notes according to octaves, fifths and fourths, then rhythm and metre. Architecture, that “houses” us in the world, is briefly touched upon. Of fine art it is said that it takes sections of what is given and sheds light on them. The author bases this view of art on a wilful interpretation of the Aristotelian doctrine of time as the number of movement: it is this link with numbers that distinguishes time from space, that can admittedly be measured, but not counted, and can therefore properly be allocated to sensation. (shrink)

The article examines methods of distinguishing positive and negative duties within the provisions of the European Convention of Human Rights as applied by the European Court of Human Rights. It highlights problems with tying positive duties to acts and negative duties to omissions, and sets out a supplemental delineation method when those problems lead to systematic classification errors: duties sort as positive if they have the capacity for multiple fulfilment options and negative if they only allow one fulfilment (...) option. These delineation criteria allow for a more consistent reconstruction of case law and point to a causal mechanism for alleged asymmetries in proportionality review and margins of appreciation. Lastly, there are revisionary implications for human rights scholarship. Judgments have been sorted as positive rights cases because they feature a requirement that states commit to legislative amendment, yet performative acts of amendment may be continuous with underlying negative duties. (shrink)

According to some accounts, an individual participates in joint intentional cooperative action by virtue of conceiving of him- or herself and other participants as if they were parts of a single agent or body that performs the action. I argue that this notional singularization move fails if they act as if they were parts of a single agent. It can succeed, however, if the participants act as if to bring about the goal of a properly functioning single (...) body in action of which they would be parts. This latter version of the move manages to capture the cooperative character of joint intentional cooperative action. It does this without requiring of participants that they act on higher-order interlocking intentions. (shrink)