Is Leo Strauss truly an intellectual forebear of neoconservatism and a powerful force in shaping Bush administration foreign policy? _The Truth about Leo Strauss_ puts this question to rest, revealing for the first time how the popular media came to perpetuate an oversimplified view of a complex and wide-ranging philosopher. In doing so, it corrects our perception of Strauss, providing the best general introduction available to the political thought of this misunderstood figure. Catherine and Michael Zuckert—both former students of Strauss—guide (...) readers here to a nuanced understanding of how Strauss’s political thought fits into his broader philosophy. Challenging the ideas that Strauss was an inflexible conservative who followed in the footsteps of Nietzsche, Heidegger, and Carl Schmitt, the Zuckerts contend that Strauss’s signature idea was the need for a return to the ancients. Through their work, they conclude that Strauss was a sober defender of liberal democracy, aware of both its strengths and its weaknesses. Balanced and accessible, _The Truth about Leo Strauss_ is a must-read for anyone who wants to more fully comprehend this enigmatic philosopher and his much-disputed legacy. “_The Truth about Leo Strauss_ is the most balanced and insightful book yet written about Strauss’s thought, students, and political influence. It dispels myths promulgated by both friends and foes and persuasively traces the conflicting paths that American thinkers indebted to Strauss have taken.”—William Galston, BrookingsInstitution. (shrink)
In 2010, a cluster of suicides at the electronics manufacturing giant Foxconn Technology Group sparked worldwide outcry about working conditions at its factories in China. Within a few short months, 14 young migrant workers jumped to their deaths from buildings on the Foxconn campus, an all-encompassing compound where they had worked, eaten, and slept. Even though the language of workplace dignity was invoked in official responses from Foxconn and its business partner Apple, neither of these parties directly examined workers’ dignity (...) in their ensuing audits. Based on our analysis of media accounts of life at Foxconn, we argue that its total institution structure imposed unique indignities on its workers that both raised questions of their self-respect and self-worth, as well as gave rise to multiple episodes of disrespectful communication. We interpret our findings in light of the larger cultural context and meanings of work in China to understand more fully the experience of dignity of Foxconn’s migrant workforce. (shrink)
Farm to institution (FTI) efforts aim to increase the amount of locally produced foods, typically fruits and vegetables, served by institutions such as schools, colleges, hospitals, senior meal sites, and correctional facilities. Scholars have cited these efforts as contributing to public health and community-based food systems goals. Prior research has found that relationships based on shared values have played a critical role in motivating and sustaining FTI efforts. We review previous studies, discussing values that motivate participation, and affect practices (...) and relationships in FTI supply chains. We use semi-structured interviews to better understand supply chain actors’ values and motivations and how they affect behaviors, with the aim of informing efforts to increase the scope and effectiveness of FTI efforts. All participants are currently engaged in FTI efforts. We find a mix of social and economic values were present for farmers, distributors, and buyers. Our implications focus on the importance of shared values and relationships, the benefit of local food for businesses along the supply chain, and the potential of non-school institution markets as entry points for farmers. (shrink)
CETTE THESE SE VEUT UNE CONTRIBUTION A LA COMPREHENSION DE LA DERNIERE PHILOSOPHIE DE MERLEAU-PONTY, EN PRENANT COMME FIL CONDUCTEUR LA NOTION D'INSTITUTION. NOUS ESSAYONS D'ABORD DE DELIMITER LE CHAMP D'INTERROGATION DE LA NOTION D'INSTITUTION, TELLE QU'ELLE EST PRESENTEE DANS SES DEUX PREMIERS OUVRAGES. DEUXIEMEMENT, LA DESCRIPTION DE QUATRE ORDRES DE L'INSTITUTION SYMBOLIQUE (ANIMALITE ET VIE; STYLE ARTISTIQUE; LANGUE ET IDEALITE; SYSTEME SOCIAL) QUE NOUS NOUS EFFORCONS DE RECONSTITUER A L'AIDE DES MANUSCRITS INEDITS CONDUIT A DEVOILER LES (...) MOTIVATIONS DE LA RADICALISATION DE LA QUESTION PHENOMENOLOGIQUE. ENFIN, NOTRE PROBLEMATIQUE SE PRESENTE DANS LE DERNIER OUVRAGE COMME UN PROJET DE L'INSTITUTION DE LA PHILOSOPHIE ELLE-MEME. CE PROJET A SA PORTEE HISTORIQUE, SE PROPOSANT DE METTRE EN EVIDENCE LES MOMENTS FECONDS DANS L'HISTOIRE DE LA PHILOSOPHIE, DE MANIERE A LEVER LES DIFFICULTES DE L'ONTOLOGIE ACTUELLE. (shrink)
In the 1930s and 1940s a research school developed among scientists at the Scripps Institution of Oceanography in La Jolla, California. Although that was due in large part to Harald U. Sverdrup, a prominent Norwegian oceanographer who served as Scripps director from 1936 to 1948, this paper emphasizes the adaptive, evolving character of that research school. Conditions at Scripps prior to Sverdrup's arrival influenced his efforts in successfully organizing a group of scientists. Once at Scripps Sverdrup proved to be (...) an able leader, but he also had to adapt to the local scientific culture. Trained in a tradition that emphasized the study of physics, chemistry and meteorology, Sverdrup's emphasis on dynamical oceanography had a powerful impact on his new colleagues. But in the process his understanding of oceanography also evolved. He became more fully aware of the importance of biological and geological investigations, and it was only through close interaction with and reliance on a diverse group of scientists that there emerged an ecological understanding of the oceans that became a hallmark of Scripps oceanography. Emphasizing the importance of adaptation and interaction, and the work of other scientists in addition to a group leader, this paper offers new insights into the formation of research schools. (shrink)
The relation between violence and the institution was truly thematized for the first time in the writings of Hume, and in an entirely different way in Saint-Just's texts on the Republic and the institution. Gilles Deleuze's early works represent an original attempt at reconstruction of a possible dialogue between these two dissimilar authors. Regardless of the possibility of reconstruction of Deleuze's own theory of the institution , and analysis of the various combinations of the terms institution (...) and revolution, the intention is above all to examine the link between violence and the institution. Deleuze's attempt to make a preliminary systematic examination of the figure of the institution came about as a result of the conjoining of several fragments of his famous predecessors. (shrink)
The present paper proposes a theoretical model of institutional quality of a higher education institution (HEI) which, in addition to the internal dimensions of quality, incorporates also the external dimension, i.e. the outcomes dimension. This dimension has been neglected by the quality standards and models examined in our paper. Furthermore, the standards and models analyzed consider stakeholders as one of the quality factors of a HEI. The stakeholders’ perspective is seen as a lens through which stakeholders define, control and (...) assess the quality of a HEI. The proposed model therefore gives stakeholders greater significance compared to the dimensions of institutional quality of a HEI. The model has been validated from the employers’ perspective. On the basis of 339 completed questionnaires or a 39.74 % response rate we concluded that outcomes constitute the most important dimension of institutional quality of a HEI from the perspective of employers in Slovenia. The outcomes dimension is followed, in descending order, by the non-financial resources and inputs, sustainable development, value chain, and, finally, the financial resources and inputs dimensions. The results of the study have shown that of the 44 quality factors of a HEI the following data are of key importance to employers: information on the participation of students in practical training, achievements of graduates at the workplace, implementation of a HEI’s research achievements in practice, graduate employability, and a HEI’s responsiveness to the demands and changes in the environment. (shrink)
After defining, for each many-sorted signature Σ = (S, Σ), the category Ter ( Σ ), of generalized terms for Σ (which is the dual of the Kleisli category for , the monad in Set S determined by the adjunction from Set S to Alg ( Σ ), the category of Σ -algebras), we assign, to a signature morphism d from Σ to Λ , the functor from Ter ( Σ ) to Ter ( Λ ). Once defined the mappings (...) that assign, respectively, to a many-sorted signature the corresponding category of generalized terms and to a signature morphism the functor between the associated categories of generalized terms, we state that both mappings are actually the components of a pseudo-functor Ter from Sig to the 2-category Cat . Next we prove that there is a functor Tr Σ , of realization of generalized terms as term operations, from Alg ( Σ ) × Ter ( Σ ) to Set , that simultaneously formalizes the procedure of realization of generalized terms and its naturalness (by taking into account the variation of the algebras through the homomorphisms between them). We remark that from this fact we will get the invariance of the relation of satisfaction under signature change. Moreover, we prove that, for each signature morphism d from Σ to Λ , there exists a natural isomorphism θ d from the functor to the functor , both from the category Alg ( Λ ) × Ter ( Σ ) to the category Set , where d * is the value at d of the arrow mapping of a contravariant functor Alg from Sig to Cat , that shows the invariant character of the procedure of realization of generalized terms under signature change. Finally, we construct the many-sorted term institution by combining adequately the above components (and, in a derived way, the many-sorted specification institution), but for a strict generalization of the standard notion of institution. (shrink)
In this essay we analyse and elucidate the method to establish and clarify the scope of logic theorems offered within the theory of institutions. The method presented pervades a lot of abstract model theoretic developments carried out within institution theory. The power of the proposed general method is illustrated with the examples of interpolation and definability, as they appear in the literature of institutional model theory. Both case studies illustrate a considerable extension of the original scopes of the two (...) classical theorems. Our presentation is rather narrative with the relevant logic and institution theory concepts introduced and explained gradually to the non-expert reader. (shrink)
Ce n’est pas seulement la théorie de la Décision qui permet de définir ce qu’on entend aujourd’hui par « évaluation », c’est aussi la théorie de l’Institution, chère à Maurice Hauriou, qui permet d’éclairer le concept d’« évaluer » ainsi que d’enrichir celui de « tiers partagé » de Nicolas Dodier.It is not only the theory of decision-making which enables us to define what is known today as « evaluation ». The theory of the Institution, dear to the (...) heart of Maurice Hauriou, also enables us to clarify the concept of « evaluation » as well as of enriching that of Nicolas Dodier’s idea of the « shared third ». (shrink)
Though better recognized for its immediate endeavors in human embryo research, the Carnegie Department of Embryology also employed a breeding colony of rhesus macaques for the purposes of studying human reproduction. This essay follows the course of the first enterprise in maintaining a primate colony for laboratory research and the overlapping scientific, social, and political circumstances that tolerated and cultivated the colony's continued operation from 1925 until 1971. Despite a new-found priority for reproductive sciences in the United States, by the (...) early 1920s an unfertilized human ovum had not yet been seen and even the timing of ovulation remained unresolved. Progress would require an organized research approach that could extend beyond the limitations of working with scant and inherently restrictive human subjects or with common lab mammals like mice. In response, the Department of Embryology, under the Carnegie Institution of Washington (CIW), instituted a novel methodology using a particular primate species as a surrogate in studying normal human reproductive physiology. Over more than 40 years the monkey colony followed an unpremeditated trajectory that would contribute fundamentally to discoveries in human reproduction, early embryo development, reliable birth control methods, and to the establishment of the rhesus macaque as a common model organism. (shrink)
We should investigate whether the phrase l’institution révolutionnaire best describes Deleuze’s imaginary theory of the institution, as well as his engagement with the theory more generally. The preliminary difficulty, which immediately questions and devalues our commentary, is Deleuze’s own refusal to thematize the institution and his own effort, and thus actually answer his own questions from the 1950s: what is it that explains the institution? And what should perfect institutions be like, that is, ones opposed to (...) all agreement, and which suppose a minimum of laws? Deleuze’s carelessness and effectively his abandonment of his own early attempt at thinking the institution, could possibly mark his intuition and recognition that the thematization of the institution is, as of yet, an impossible task. (shrink)
This collection is the first extended investigation of the relation between time and memory in Maurice Merleau-Ponty’s thought as a whole as well as the first to explore in depth the significance of his concept of institution. It brings the French phenomenologist’s views on the self and ontology into contemporary focus. Time, Memory, Institution argues that the self is not a self-contained or self-determining identity, as such, but is gathered out of a radical openness to what is not (...) self, and that it gathers itself in a time that is not merely a given dimension, but folds back upon, gathers, and institutes itself. Access to previously unavailable texts, in particular Merleau-Ponty’s lectures on institution and expression, has presented scholars with new resources for thinking about time, memory, and history. These essays represent the best of this new direction in scholarship; they deepen our understanding of self and world in relation to time and memory; and they give occasion to reexamine Merleau-Ponty’s contribution and relevance to contemporary Continental philosophy. This volume is essential reading for scholars of phenomenology and French philosophy, as well as for the many readers across the arts, humanities, and social sciences who continue to draw insight and inspiration from Merleau-Ponty. Contributors: Elizabeth Behnke, Edward Casey, Véronique Fóti, Donald Landes, Kirsten Jacobson, Galen Johnson, Michael Kelly, Scott Marratto, Glen Mazis, Caterina Rea, John Russon, Robert Vallier, and Bernhard Waldenfels. (shrink)
The goal of our article is to review the widespread anthropological figure, according to which we can achieve a better understanding of humans by contrasting them with animals. This originally Herderian approach was elaborated by Arnold Gehlen, who characterized humans as “deficient beings” who become complete through culture. According to Gehlen, humans, who are insufficiently equipped by instincts, indirectly stabilize their existence by creating institutions, i.e., complexes of habitual actions. On the other hand, Maurice Merleau-Ponty shows that corporeal relationship to (...) the world is already indirect because it is based on preestablished and readjusted “standards” or “norms” of interaction with the environment. Merleau-Ponty then calls these norms “institutions” and views culture as readjustment of institutions which operate already on the level of corporeal existence. The anthropological figure of confronting humans and animals thus cannot produce, as in Gehlen, a contrast between an allegedly “direct” relationship to the world in animals and a supposedly “indirect” relationship to the world in humans. The Herderian approach can be meaningfully retained only if interpreted as an invitation to confront the norms of indirect interaction with the world in animals and in people, that is, if viewed as a comparison of their respective institutions. (shrink)
Avant de qualifier la théorie du 'radical' de Rosenzweig de messianisme, il me semble important de localiser le 'registre du sacrifice' dans ce système de connaissance. Du reste, c'est la première innovation de Rosenzweig par rapport ŕ la tradition. Rosenzweig n'a ni essayé ni eu le temps de thématiser en détail la figure du 'sacrifice' ou du korban comme le nom le plus générique d'une telle activité. Tout ce que nous possédons se résume ŕ quelques fragments répartis sur plusieurs années (...) de correspondance avec ses amis, auxquels Rosenzweig enseigne la pensée du sacrifice et ses limites, et ŕ quelques-unes de ses notes sur la difficulté de traduire et d'effacer le mot allemand Opfer. Cependant, depuis le tout début, lorsqu'il 'traduit' et 'pense' le sacrifice comme 'don' ou 'offrande', son effort est tout ŕ fait transparent: Rosenzweig ne fait qu'interroger le rapprochement de Dieu ou d'Autrui. (shrink)
Abstract: After exploring MacIntyre’s (1985) practice—institution distinction, the article demonstrates its applicability to business-as-practice and to corporations as institutions. It then considers the implications of MacIntyre’s schema to ethical schizophrenia, to the claim that the market is a source of the virtues and to the opposite claim that capitalism corrodes character. A fully worked out modern virtue ethics, based on MacIntyre’s work, is then established and the claim is made and substantiated that such an understanding of MacIntrye’s work revitalises (...) it and makes it directly applicable to business and to corporations. (shrink)
This article investigates corporate social responsibility (CSR) as an institution within UK multi-national corporations (MNCs). In the context of the literature on the institutionalization of CSR and on critical CSR, it presents two main findings. First, it contributes to the CSR mainstream literature by confirming that CSR has not only become institutionalized in society but that a form of this institution is also present within MNCs. Secondly, it contributes to the critical CSR literature by suggesting that unlike broader (...) notions of CSR shared between multiple stakeholders, MNCs practise a form of CSR that undermines the broader stakeholder concept. By increasingly focusing on strategic forms of CSR activity, MNCs are moving away from a societal understanding of CSR that focuses on redressing the impacts of their operations through stakeholder concerns, back to any activity that supports traditional business imperatives. The implications of this shift are considered using institutional theory to evaluate macro-institutional pressures for CSR activity and the agency of powerful incumbents in the contested field of CSR. (shrink)
This paper argues that the practical implementation of blockchain technology can be considered an institution of property similar to legal institutions. Invoking Penner's theory of property and Hegel's system of property rights, and using the example of bitcoin, it is possible to demonstrate that blockchain effectively implements all necessary and sufficient criteria for property without reliance on legal means. Blockchains eliminate the need for a third-party authority to enforce exclusion rights, and provide a system of universal access to knowledge (...) and discoverability about the property rights of all participants and how the system functions. The implications of these findings are that traditional property relations in society could be replaced by or supplemented with blockchain models, and implemented in new domains. (shrink)
When I was an undergraduate in Oxford, we were taught economics almost as though it were a natural science. The subject matter of economics might be different from physics, but only in the way that the subject matter of chemistry or biology is different from physics. The actual results were presented to us as if they were scientific theories. So when we learned that savings equals investment, it was taught in the same tone of voice as one teaches that force (...) equals mass times acceleration. And we learned that rational entrepreneurs sell where marginal cost equals marginal revenue in the way that we once learned that bodies attract in a way that is directly proportional to the product of their mass and inversely proportional to the square of the distance between them. At no point was it ever suggested that the reality described by economic theory was dependent on human beliefs and other attitudes in a way that was totally unlike the reality described by physics or chemistry. Some years ago, when I published The Construction of Social Reality, I was aware that it had implications for the ontology of economics, but I was not aware that there had already been an important revival of the tradition of institutional economics. It would be an understatement to say that I welcome this interest in institutions; I enthusiastically support it. But I think that in the institutional literature there is still an unclarity about what exactly an institution is. What is the ontology, the mode of existence, of institutional reality? This article tries to add to this discussion. Economics as a subject matter, unlike physics or chemistry, is largely concerned with institutional facts. Facts about money and interest rates, exchange and employment, corporations and the balance of payments, form the very heart of the subject of economics. When Lionel Robbins, in a classic work, tells us that “Economics is a study of the disposal of scarce commodities,”2 he takes for granted a huge invisible institutional.... (shrink)
Institution in personal and public history. Introduction -- Institution and life -- Institution of a feeling -- The institution of a work of art -- Institution of a domain of knowledge -- The field of culture -- Historical institution: particularity and universality -- Summary for Thursday's course: Institution in personal and public history -- The problem of passivity: sleep, the unconscious, memory. The philosophy and the phenomenon of passivity -- For an ontology of (...) the perceived world -- Sleep -- Perceptual consciousness and imagining consciousness -- Symbolism -- Dreams -- The Freudian unconscious -- Delusions: gradiva -- The case of Dora -- The problem of memory -- Appendix: three notes on the Freudian unconscious -- Summary for Monday's course: the problem of passivity: sleep, the unconscious, memory. (shrink)
Role conflict occurs when a job possesses inconsistent expectations incongruent with individual beliefs, a situation that precipitates considerable frustration and other negative work outcomes. Increasing interest in processes that reduce role conflict is, therefore, witnessed. With the help of information collected from a large sample of individuals employed at an education-based healthcare institution, this study identified several factors that might decrease role conflict, namely mindfulness and organizational ethics. In particular, the results indicated that mindfulness was associated with decreased role (...) conflict, and that perceived ethical values and a shared ethics code were associated with decreased role conflict and increased mindfulness. Despite the study's limitations, these findings imply that companies might better manage role conflict through the development of mindfulness and organizational ethics. (shrink)
This article sets up a dialogue between Lefort’s view on the relationship between state and modern society and Foucault’s thesis of a governmental turn in the modern power regime. Whereas Lefort’s political ontology leaves room for divergent agencies from which the symbolic institution of the social may unfold, his preoccupation with democracy leads him to link the symbolic institution of modern society inseparably with the functioning of the modern state. By contrast, Foucault’s history of governmentality documents a shift (...) in the regime of the symbolic institution of modern society. Where that institution hitherto relied on the state, today, a symbiosis of state and neoliberal governmentality seems to take over. Foucault’s highlighting of the neoliberal conception of a generalized market may thus undermine the ontological role Lefort formerly ascribed to the state. In conclusion it is suggested that this shift in power regime is by and large responsible for the readjustment of the instituting representations of contemporary society, the de-politicization of political and social relations, and the erosion of democracy. (shrink)
We formulate a general institution-independent (i.e. independent of the details of the actual logic formalised as institution) version of the Craig Interpolation Theorem and prove it in dependence of Birkhoff-style axiomatizability properties of the actual logic.We formalise Birkhoff-style axiomatizability within the general abstract model theoretic framework of institution theory by the novel concept of Birkhoff institution.
Research in Mendelian heredity was first given permanent institutional support in the U.K. at the John Innes Horticultural Institution. The path by which this was achieved is described. It is shown that Brooke-Hunt in the Board of Agriculture played a decisive part in redirecting the John Innes Bequest from a school for gardeners as intended by the testator to an institute given to research on plants of importance to the horticultural trade. The choice of William Bateson as the institute's (...) first director is traced to the influence of a lobby of academic biologists led by J. B. Farmer. The effects of Bateson's appointment on the shape taken by the new institute and on its subsequent history are described. (shrink)
We prove an institutional version of A. Robinson ’s Consistency Theorem. This result is then appliedto the institution of many-sorted first-order predicate logic and to two of its variations, infinitary and partial, obtaining very general syntactic criteria sufficient for a signature square in order to satisfy the Robinson consistency and Craig interpolation properties.
The purpose of this article is to show that in Merleau-Ponty’s lesser known works, one can find a path leading toward a phenomenology of the body that would not risk the “ambiguity of the flesh,” as The Visible and the Invisible is often charged with, but instead would sustain the ontology of nature that one finds in the “Working Notes” added to Merleau-Ponty’s last writings. Analyzing first his concept of nature, as it was developed in his courses at the Collège (...) de France, the proposed aim of this text is to question anthropological difference by focusing on Merleau-Ponty’s interpretation of the contemporary sciences, whereby the Ineinander between the physical, living, and human orders is re-founded by a new, negative concept of nature. By deconstructing classical ontology and its understanding of space, time, and objectivity, and by returning to the domain of perception, this new concept offers a novel way to reveal the advent of life in nature, its institution, and the emergence of a new corporeity in life itself. The model of Merleau-Ponty’s essential concept of institution becomes birth, and therefore the human body will no longer be interpreted as “one’s own body,” but rather will be understood, in a radically a-subjective way, as from, and based on, the participation of our perception with animality. Thereby, the concept of “ownness” becomes secondary; however, the notion of institution, established against the lexicon of consciousness and subjectivity, opens another sense of anthropological difference, one that is based only on the experiences of corporeity. (shrink)
This paper considers the resources MacIntyre provides for undertaking empirical work using his goods-virtues-practices-institutions framework alongside the attendant challenges of doing such work. It focuses on methods that might be employed in judging the extent to which observed social arrangements mayconform to the standards required by a practice-embodying institution. It concludes by presenting the outline of an empirical project exploring at a music facility in the North East of England, The Sage Gateshead.
A few results generalizing well-known classical model theory ones have been obtained in institution theory these last two decades (e.g. Craig interpolation, ultraproduct, elementary diagrams). In this paper, we propose a generalized institution-independent version of the Beth definability theorem.
The fundamental importance of theology in the work of Carl Schmitt has been the subject of much recent literature on this controversial figure. However, there has been little consensus on the precise nature of Schmitt's own political theologydecisionisminstitutional thinking,” in order to reveal the theological basis for his understanding of the new regime. I will then argue that Schmitt's institutional approach had in fact always been central to his earlier, better-known writings on law and the state. Schmitt's concept of the (...)institution, which had roots in French legal theory, grounded a political theology that was in the end less a metaphysical approach to the state than one that drew on the concrete example of the legal institutional order of the Catholic Church. (shrink)
This paper argues that business can be helpfully conceived of as a mediating institution. Drawing upon neo-conservative theology, the author argues that mediating institutions serve a vital function in a free society to provide social justice out of an expanded civil society and provide a framework for a flourishing free market. Such institutions also nourish the attitudinal orientation of solidarity in applying the principle of subsidiarity by which self-interest becomes fulfilled through concern for others.The author further argues that businesses (...) also be conceived of as mediating institutions and thereby be held to criteria of meeting associationalneeds. In addition to normative reasons for revising the social contract so that businesses do serve the role of mediating institutions, contemporary management theories demonstrate that businesses can also meet their social obligations of creating wealth while meeting associational needs. (shrink)
The shortcomings of Merleau-Ponty’s crucial concept of “institution” led him into a turning point where the way out he selected was actually much inferior, as regards the prospects of fulfillment that were latent in his thought, to the alternative path he did not take.
La question du sacerdoce des femmes dans l'Occident chrétien doit être examinée à la lumière des catégories sociales (masculin/féminin, laïc/ecclésiastique) imaginées par l'Église durant le Moyen Age. C'est en forgeant, entre le IIIe et le XIIe siècle, des systèmes de classification adaptés à leur insertion croissante dans la société que les clercs en vinrent à exclure catégoriquement les femmes du ministère sacerdotal, tout en définissant des fonctions socio-religieuses spécifiquement féminines. Au cours du XIIIe siècle, alors que l'ordre social défini par (...) les clercs était ébranlé par des expériences religieuses originales, qui furent le fait de femmes contestant (plus ou moins explicitement) leur état de subordination au sein de l'Église, l'institution ecclésiale surmonta l'épreuve en éradiquant toute forme de contestation et en réaffirmant de manière nouvelle les classifications qu'elle avait élaborées durant les siècles précédents. (shrink)
There is a gap between health economic evaluation methods and the value judgments of coverage decision makers, at least in Germany. Measuring preference satisfaction has been claimed to be inappropriate for allocating health care resources, e.g. because it disregards medical need. The existing methods oriented at medical need have been claimed to disregard non-consequentialist fairness concerns. The aim of this article is to propose a new, contractarian argument for justifying needs-based economic evaluation. It is based on consent rather than maximization (...) of some impersonal unit of value to accommodate the fairness concerns. This conceptual paper draws upon contractarian ethics and constitution economics to show how economic evaluation can be viewed as an institution to overcome societal conflicts in the allocation of scarce health care resources. For this, the problem of allocating scarce health care resources in a society is reconstructed as a social dilemma. Both disadvantaged patients and affluent healthy individuals can be argued to share interests in a societal contract to provide technologies which ameliorate medical need, based on progressive funding. The use of needs-based economic evaluation methods for coverage determination can be interpreted as institutions for conflict resolution as far as they use consented criteria to ensure the social contract’s sustainability and avoid implicit rationing or unaffordable contribution rates. This justifies the use of needs-based evaluation methods by Pareto-superiority and consent. The view of economic evaluation presented here may help account for fairness concerns in the further development of evaluation methods. This is because it directs the attention away from determining some unit of value to be maximized towards determining those persons who are most likely not to consent and meeting their concerns. Following this direction in methods development is likely to increase the acceptability of health economic evaluation by decision makers. (shrink)
According to the classical paradigm of the judicial act, the courthouse is a temple and the hearing is a ceremony. Even when secularized, justice rests upon a ritual and a ceremonial which confer on it both its sacredness and its authority. The origins of this staging are rooted in myth, religion and cosmogony which stem from the mediation of symbols. Through this ornamentation, the paternal figure is made present and guarantees, in a kind of irrational way, the authority of the (...)institution. Since the mid nineties, the judicial institution has been emancipated from its staging. The modern goals of functionality and transparency of public services have progressively led to the abandoning of the sacredness of the judicial act, thus threatening its symbolic function. The purpose of this contribution is to highlight, through a semiotic approach, the dialectic opposing modernity and the authority of the judicial institution. (shrink)