This article describes a case study on the Machiguenga, a remote Indigenous tribe affected by the Camisea Gas Project in the Peru. We introduce the anthropological concept of 'glocalization' and integrate this with organizational knowledge of 'identity work'. Our findings demonstrate that identity work is a multi-faceted and boundary spanning process that significantly affects stakeholder relations and contributes to conflict between local communities and oil and gas companies. Indigenous identity can be both threatened and strengthened in response to natural gas (...) development and is related to how individuals, communities and the Machiguenga (as a collective) engage in identity work. We also discuss broader implications for management ethics, including a discussion of how Indigenous self-identify processes create a challenge for stakeholder theory. (shrink)
Job evaluation systems are becoming increasingly important in Europe to counter sex‐discrimination, but evaluation criteria can themselves be discriminatory. Dr Jeanne de Bruijn is Professor in Women and Policy at the Free University of Amsterdam.
In Western countries a considerable number of older people move to a residential home when their health declines. Institutionalization often results in increased dependence, inactivity and loss of identity or self-worth (dignity). This raises the moral question as to how older, institutionalized people can remain autonomous as far as continuing to live in line with their own values is concerned. Following Walker's meta-ethical framework on the assignment of responsibilities, we suggest that instead of directing all older people towards more autonomy (...) in terms of independence, professional caregivers should listen to the life narrative of older people and attempt to find out how their personal identity, relations and values in life can be continued in the new setting. If mutual normative expectations between caregivers and older people are not carefully negotiated, it creates tension. This tension is illustrated by the narrative of Mr Powell, a retired successful public servant now living in a residential home. The narrative describes his current life, his need for help, his independent frame of mind, and his encounters with institutional and professional policies. Mr Powell sees himself as a man who has always cared for himself and others, and who still feels that he has to fulfil certain duties in life. Mr Powell's story shows that he is not always understood well by caregivers who respond from a one-sided view of autonomy as independence. This leads to misunderstanding and an underestimation of his need to be noticed and involved in the residential community. (shrink)
The sociobiological fashion has for a long time discouraged the development of theories of the immediate causation of behaviour. It is only recently that new approaches are being developed to improve on the classical ethological theory originated by Lorenz and Tinbergen. One new departure is behavioural field theory (BFT) which brings back the concept of energy in behaviour, without being susceptible to the drawbacks of the energy or fuel concept of classical theory. In this paper the new theory is explained (...) in some detail and it is shown to be illuminating, predictive and testable in examples of play-like and territorial behaviour. (shrink)
We provide a syntax and a derivation system fora formal language of mathematics called Weak Type Theory (WTT). We give the metatheory of WTT and a number of illustrative examples.WTT is a refinement of de Bruijn''s Mathematical Vernacular (MV) and hence:– WTT is faithful to the mathematician''s language yet isformal and avoids ambiguities.
In this contribution the prototypical argumentative patterns are discussed in which pragmatic argumentation is used in the context of legal justification in hard cases. First, the function and implementation of pragmatic argumentation in prototypical argumentative patterns in legal justification are addressed. The dialectical function of the different parts of the complex argumentation are explained by characterizing them as argumentative moves that are put forward in reaction to certain forms of critique. Then, on the basis of an exemplary case, the famous (...) Holy Trinity case, the way in which the U.S. Supreme Court uses pragmatic argumentation in this case is discussed by showing how the court instantiates general prototypical argumentative patterns in light of the institutional preconditions of the justification in the context of the specific case. (shrink)
This paper answers the question how pragmatic argumentation which occurs in a legal context, can be analyzed and evaluated adequately. First, the author surveys various ideas taken from argumentation theory and legal theory on the analysis and evaluation of pragmatic argumentation. Then, on the basis of these ideas, she develops a pragma-dialectical instrument for analyzing and evaluating pragmatic argumentation in a legal context. Finally she demonstrates how this instrument can be used by giving an exemplary analysis and evaluation of pragmatic (...) argumentation in a decision of the Dutch Supreme Court. (shrink)
In this paper, the author develops an instrument for the rational reconstruction of argumentation in which a judicial decision is justified by referring to the consequences in relation to the purpose of the rule. The instrument is developed by integrating insights from legal theory and legal philosophy about the function and use of arguments from consequences in relation to the purpose of a rule into a pragma-dialectical framework. Then, by applying the instrument to the analysis of examples from legal practice, (...) it is demonstrated that the instrument can offer a heuristic and critical tool for the analysis and evaluation of legal argumentation that can ‘bridge’ the gap between more abstract discussions of forms of legal argumentation on the one hand, and legal arguments as they occur in actual legal practice on the other hand. (shrink)
Evolutionary psychology is among the various evolutionary and cognitive perspectives that have been used to account for the origins of art. It sets out to explain modern human psychology by means of the evolutionary history of the species, and by determining why and how our extant cognitive machinery evolved as adaptations to past environmental surroundings or by-products of such adaptations. In the case of art, evolutionary psychologists seek to track down its cognitive foundations and establish its evolutionary rationale, for instance (...) by determining which function artistic behaviour as a whole might have performed. However, several methodological issues and gaps currently impede evolutionary psychological research on art: empirical support is often lacking, adaptationist claims are not adequately substantiated, and the definition and scope of basic aspects of evolutionary psychology often remain underspecified. This paper reviews the central themes that evolutionary psychology currently advances to account for the emergence of visual arts, music and fiction, addresses the most relevant methodological issues, and provides some suggestions that might help to develop evolutionary research on art. (shrink)
The author gives an analysis of the strategic manoeuvring in the justification of legal decisions from a pragma-dialectical perspective by showing how a judge tries to reconcile dialectical and rhetorical aims. On the basis of an analysis and evaluation of the argumentation given by the US Supreme Court in the famous Holy Trinity case, it is shown how in a case in which the judge wants to make an exception to a legal rule for the concrete case tries to meet (...) the dialectical reasonableness norm by seeing to it that his standpoint is sufficiently defended according to the requirements of the burden of proof of a judge in a rational critical discussion and how he tries at the same time to be rhetorically convincing for the legal audience by presenting the decision as a choice that is in line with the argumentation schemes and starting points that can be considered as accepted by the legal community in the US and by the US community as a whole. (shrink)
In this article the author develops a framework for a pragma-dialectical reconstruction of teleological argumentation in a legal context. Ideas taken from legal theory are integrated in a pragma-dialectical model for analyzing and evaluating argumentation, thus providing a more systematic and elaborate framework for assessing the quality of teleological arguments in a legal context. Teleological argumentation in a legal context is approached as a specific form of pragmatic argumentation. The legal criteria that are relevant for the evaluation of teleological argumentation (...) are discussed and translated in terms of critical questions that are relevant for the evaluation of the various forms of teleological argumentation. (shrink)
In legal theory, it is widely claimed that decisions in hard cases are based on weighing and balancing. However no reconstructions are given of the deep structure of the complex argumentation underlying the justification of these decisions. The author develops a model for the analysis of weighing and balancing of arguments in the justification of judicial decisions that are based on teleological-evaluative considerations. The justification is reconstructed as a complex argumentation that consists of different levels of argumentation and it is (...) explained how these levels of argumentation relate to the burden of proof of a judge who gives a decision that is based on a weighing and balancing in which teleological-evaluative considerations are invoked. (shrink)
A new system of dynamic logic is introduced and motivated, witha novel approach to variable binding for incremental interpretation. Thesystem is shown to be equivalent to first order logic and complete.The new logic combines the dynamic binding idea from DynamicPredicate Logic with De Bruijn style variable free indexing. Quantifiersbind the next available variable register; the indexing mechanismguarantees that active registers are never overwritten by newquantifiers actions. Apart from its interest in its own right, theresulting system has certain advantages over (...) Dynamic Predicate Logic orDiscourse Representation Theory. It comes with a more well behaved(i.e., transitive) consequence relation, it gives a more explicitaccount of how anaphoric context grows as text gets processed, and ityields new insight into the dynamics of anaphoric linking in reasoning.Incremental dynamics also points to a new way of handling contextdynamically in Montague grammar. (shrink)
In this contribution the author develops an argumentation model for the reconstruction of weighing and balancing on the basis of teleological-evaluative considerations. The model is intended as a heuristic and critical tool for the rational reconstruction of the justification of judicial decisions. From the perspective of a rational discussion, it makes explicit the choices underlying the weighing and balancing on the basis of goals and values so that they can be made explicit and submitted to rational critique.
In this paper, the author describes a dialogical approach tolegal argumentation from the perspective of argumentationtheory. In a pragma-dialectical approach of legalargumentation, the argumentation is considered to be part of acritical discussion aimed at the rational resolution of thedispute. The author describes how a pragma-dialecticalanalysis and evaluation of legal argumentation can be carriedout.
La misma serie editorial en la que aparecieron obras de Robert Walter, Hasso Höfman, Arthur Kaufmann o Robert Alexy ofrece ahora a los lectores interesados por el mundo de la argumentación jurídica una esmerada traducción de la obra de Eveline T. Feteris, Fundamentals of Legal Argumentation, editada por Kluwer Academic en 1999. En los doce capítulos que componen esta obra, Feteris consigue mostrar de manera a un tiempo sustantiva y concisa los problemas teóricos más importantes de las distintas tradiciones (...) que componen el ámbito de la argumentación jurídica. Sobre la base de esta exposición de naturaleza histórica, la profesora holandesa examina con detalle las teorías de la justificación de las decisiones judiciales sin perder de vista el hilo realmente vertebrador de esta investigación, a saber, la descripción de los componentes teóricos implícitos en las distintas concepciones sobre la argumentación jurídica. (shrink)
As crenças fazem parte de um sistema conceitual que se forma na infância e é refinado e estabelecido ao longo da vida. O presente estudo investiga associações entre crenças básicas e bem-estar pessoal em 1.588 adolescentes brasileiros, meninos e meninas com idade entre 12-16 anos (M= 14,13; DP=1,26)..