British equality law protections for sex and gender reassignment have grown fraught as activists tussle over legal and social categories of gender, gender transitioning, and sex. This article considers the future of gender-related equality protections in relation to ‘decertification’—an imagined reform that would detach sex and gender from legal personhood. One criticism of decertification is that de-formalising gender membership would undermine equality law protections. This article explores how gender-based equality law could operate in conditions of decertification, drawing on legal thoughtways (...) developed for two other protected characteristics in equality law—religion and belief, and disability—to explore the legal responses and imaginaries that these two grounds make available. Religious equality law focuses on beliefs, communities, and practices, deemed to be stable, multivarious, and subject to deep personal commitment. Disability equality law focuses on embodied disadvantage, approached as social, relational, and fluctuating. While these two equality frameworks have considerable limitations, they offer legal thoughtways for gender oriented to both its hierarchies and its expression, including as disavowal. (shrink)

This article considers what the implications of decertification would be for single-sex services such as domestic and sexual violence support. Some reform options attached to decertification could (re)allocate authority away from the state to organisations or individuals to determine gender criteria. What would the consequences of such re-allocation be in determining eligibility to receive or access services or excluding people on the basis of a characteristic protected under equality law? Engaging with this in the context of domestic and sexual violence (...) support service provision raises a number of questions. Firstly, does the existence of gender-based violence and/or of the effects it produces require a stable category in order to address them? What benefits may emerge from providing single-sex spaces that could not be replicated in other settings? And finally, what criteria of exclusion and inclusion are currently used to determine access to spaces beyond legal gender status? (shrink)

A l'approche de l'oeuvre philosophique d'Emmanuel Levinas, le lecteur peut remarquer que deux descriptions du sujet se dégagent : dans certains passages, le moi paraît irrémédiablement tourné vers lui-même et seulement préoccupé par son propre bien-être ; tandis que d'autres textes présentent un moi complètement tendu vers autrui, et prêt à se sacrifier pour lui. Levinas retrace l'entrée du sujet dans l'éthique comme le passage de l'un à l'autre de ces états. Pourtant ces deux attitudes semblent si radicalement opposées qu'il (...) est légitime de s'interroger : l'éthique lévinassienne est-elle vraiment possible? Flora Bastiani propose donc de lire Levinas à partir de l'étrangeté de ce saut qualitatif du moi en direction de l'autre, ce que Levinas nomme l'éthique. Cette question engagera à expliquer les concepts majeurs tels que l'altérité, le visage, la responsabilité, la substitution, la passivité ou encore la fécondité. (shrink)

This article considers a postcolonial approach to comparative philosophy of education as comprising four key features: ethnography, translation, hybridity, and critique. This conception of comparative philosophy of education is first located in the postcolonial context that demands sensitivity to the ongoing dangers of orientalism. Each of these four identified aspects of comparative philosophy of education is illustrated with reference to the comparative work of a prominent contemporary Chinese philosopher, Zehou Li (李泽厚). It concludes with some observations about the challenges that (...) face a postcolonial comparative philosophy of education. (shrink)

Pourquoi les lecteurs du Contrat social devraient-ils s’intéresser au chapitre consacré aux comices romains? Dans ce texte encore souvent négligé, à tort, Rousseau s’appuie sur les sources historiques les plus fiables de son temps, notamment Carlo Sigonio, pour se confronter à un problème central de sa philosophie politique : la mise en pratique durable et effective de l’intérêt commun. En termes moins théoriques, il pose une question toujours d’actualité : comment le peuple peut-il participer à la vie publique? Et comment (...) cette intervention populaire dans la politique peut-elle s’effectuer de manière à garantir le maintien d’un gouvernement républicain, c’est-à-dire non assujetti à des intérêts particuliers? Lire ce chapitre à la lumière du récent ouvrage Res publica permet d’en voir encore plus nettement les enjeux théoriques, du fait des convergences saisissantes que l’on peut remarquer entre l’analyse de Rousseau et celle de Claudia Moatti. L’article étudie notamment les occurrences de l’expression « chose publique » dans le Contrat social afin d’éclairer la coexistence de deux conceptions distinctes de la « république » chez Rousseau, l’une définie principalement par le droit de vote des citoyens, l’autre par l’impératif de défendre l’État. Or, ces deux visions correspondent à l’antagonisme que Claudia Moatti observe dans l’histoire romaine. Étudier aujourd’hui l’usage de l’histoire ancienne dans la pensée politique de Rousseau, c’est poser la question toujours actuelle de la compatibilité possible entre ces deux idées de la République. (shrink)

I offer a novel interpretation of Aristotle's psychology and notion of rationality, which draws the line between animal and specifically human cognition. Aristotle distinguishes belief (doxa), a form of rational cognition, from imagining (phantasia), which is shared with non-rational animals. We are, he says, “immediately affected” by beliefs, but respond to imagining “as if we were looking at a picture.” Aristotle's argument has been misunderstood; my interpretation explains and motivates it. Rationality includes a filter that interrupts the pathways between cognition (...) and behavior. This prevents the subject from responding to certain representations. Stress and damage compromise the filter, making the subject respond indiscriminately, as non-rational animals do. Beliefs are representations that have made it past the filter, which is why they can “affect [us] immediately.” Aristotle's claims express ceteris paribus generalizations, subject to exceptions. No list of provisos could turn them into non-vacuous universal claims, but this does not rob them of their explanatory power. Aristotle's cognitive science resolves a tension we grapple with today: it accounts for the specialness of human action and thinking within a strictly naturalistic framework. The theory is striking in its insight and explanatory power, instructive in its methodological shortcomings. (shrink)

Aristotle argues for and relies on the view that a constitutive norm prescribing true belief binds all rational subjects. This normativity is peculiar to belief, and derives but is distinct from the epistemic value of true belief, which is grounded in a teleological function that governs even non-rational cognition. Only rational creatures can have beliefs, and Aristotle uses the normative constraint on belief to distinguish it from imagining, its closest non-rational counterpart. This subjection to norms is therefore part of what (...) separates rational from non-rational cognition. (shrink)

In Switzerland, research with identifiable human tissue samples, and/or its accompanying data, must be approved by a research ethics committee before it can be allowed to take place. However, as the demand for such tissue has rapidly increased in recent years, and biobanks have been created to meet these needs, committees have had to deal with a growing number of such demands. Detailed instructions for evaluating every kind of tissue request are scarce. Committees charged with evaluating research protocols therefore sometimes (...) face uncertainty in their decision-making. We examine how a pool of Swiss REC members deal with a number of cases involving human tissue, in order to determine the standards they adhere to, and their understanding and implementation of existing laws and guidelines. There is considerable divergence in the approaches and decisions of Swiss REC members regarding human tissue sample requests, particularly concerning the issue of informed consent. Despite recent trends towards less strict consent requirements for biosample research, many of our respondents continue to employ demanding standards for researchers. The question of informed consent, and the circumstances in which it is required, continues to result in differences of opinion. While room for local and cultural interpretation is essential to the workings of an REC, misunderstanding of existing guidelines, or an absence of regulation in sensitive areas, will only lead to suboptimal functioning of the REC itself. Our data suggests that there is uncertainty and disagreement on the question of consent for human tissue sample, which existing laws and guidelines may not fully clarify. Methods to address these uncertainties should be implemented in order to ensure efficient and harmonious review of research protocols. (shrink)

O presente artigo objetivou relacionar dois teóricos que, conquanto pertencessem a momentos históricos distintos, suas ideias guardam relação e compõem a trajetória do pensamento jurídico e político da Modernidade; um, figurando como um precursor; o outro, como representante do ápice do positivismo jurídico moderno. A partir da análise dos pontos de encontro entre tais teorias, é possível refletir, de forma mais ampla, sobre a autoridade e coação do Estado exercidas pela sanção diante das tendências do pensamento jurídico atual, denominadas pós (...) positivistas. (shrink)

Les enfants atteints d’une aplasie d’oreille congénitale peuvent, en préadolescence, recourir à une chirurgie plastique reconstructrice, organisée en deux temps opératoires (technique de Nagata). Si l’aplasie est constitutive de l’image du visage dans le miroir, le self de l’enfant peut en être affecté, voire altéré. L’article souligne ainsi l’intérêt que constitue l’entretien clinique en amont d’une éventuelle chirurgie. La perspective de l’intervention en elle-même ne garantit pas la satisfaction du désir de réparation ; il semble nécessaire qu’un travail de conflictualisation (...) se mette en place du côté du préadolescent comme de ses parents. (shrink)

Pour répondre aux problématiques engendrées par la diffusion de plus en plus massive des corpus linguistiques et à l’hétérogénéité de leurs formats, nous proposons une méthode permettant de prendre en main des corpus langagiers oraux et de les convertir dans un format permettant leur exploitation outillée. Pour cette recherche, le corpus ESLO nous sert d’exemple par sa licence de diffusion, son format, son volume et ses atouts sociolinguistiques et diachroniques. Notre travail se fonde sur la compilation de ce corpus pour (...) le rendre compatible avec l’outil de textométrie TXM. Nous opérons un ensemble de transformations des données pour l’utiliser au mieux. Enfin, pour illustrer les apports de ces avancées méthodologiques, nous proposons une analyse fine et multidimensionnelle de l’usage des interrogatives dans le corpus ESLO. (shrink)

Recent work supports the role of reasoning in third-party moral judgment of harm transgressions. The dynamics of the underlying cognitive processes supporting moral judgment is however poorly understood. In two preregistered experiments, we addressed this issue using a two-response paradigm. Participants were presented with moral scenarios twice: they had to provide their first judgment about an agent under both time pressure and interfering load, and were then asked to respond a second time at their own pace. In Experiment 1, participants (...) were harsher toward a malevolent agent at the second response, assigning more moral wrongness and punishment to an agent who either attempted to harm or harmed intentionally. Experiment 2 replicated the effect of intention on response change in a paradigm contrasting accidental to intentional harm scenarios. Participants were not only harsher toward intentional transgressors at the second response, but they were also less harsh toward accidental transgressors at the second response. We discuss the possibility that decoding overall intent and assigning moral judgment based on the presence or absence of a malevolent intent may be a relatively costly process. (shrink)

_ Source: _Volume 63, Issue 2, pp 117 - 147 I argue that Plato, in the _Timaeus_, draws deep theoretical distinctions between sensation and affect, which comprises pleasure, pain, desire and emotion. Sensation is both ‘fine-grained’ and ‘immediate’. Emotions, by contrast, are mediated and coarse-grained. Pleasure and pain are coarse-grained but, in a range of important cases, immediate. The _Theaetetus_ assimilates affect to sensation in a way the _Timaeus_ does not. Smell frustrates Timaeus because it is coarse-grained, although unlike pleasure (...) and pain it is so by accident of physiology. (shrink)

Although never an easy feat, tracing the connections between sounds, spaces and objects becomes easier the higher up the social scale one goes in the Early Modern period. The survival of documentary and material evidence helps to identify musical repertories that were known to have been performed in specific spaces on particular instruments. Given the lack of comparative sources at lower social levels, is it possible to establish relationships between these three elements in non-courtly contexts? This chapter considers non-courtly ‘music-rooms’, (...) addressing how practical material and conceptual motivations forged links between music and domestic space in this period. It goes on to examine broader, perhaps unexpected, connections between musical sound and the material culture of the Early Modern domestic interior. (shrink)

Traditionally, research on affordances and emotions follows two separate routes. For the first time, this article explicitly links the two phenomena by investigating whether, in a discrimination task, the motivational states induced by emotional images can modulate affordances-related motor response elicited by dangerous and neutral graspable objects. The results show faster RTs: for both neutral and dangerous objects with neutral images; for dangerous objects with pleasant images; for neutral objects with unpleasant images. Overall, these data support a significant effect of (...) emotions on affordances. The article also proposes a brain neural network underlying emotions and affordance interplay. (shrink)

Flora Levin explores how and why music was so important to the ancient Greeks. She examines the distinctions that they drew between the theory of music as an art ruled by number and the theory wherein number is held to be ruled by the art of music. These perspectives generated more expansive theories, particularly the idea that the cosmos is a mirror-image of music's structural elements and, conversely, that music by virtue of its cosmic elements - time, motion, and (...) the continuum - is itself a mirror-image of the cosmos. These opposing perspectives gave rise to two opposing schools of thought, the Pythagorean and the Aristoxenian. Levin argues that the clash between these two schools could never be reconciled. Her book shows how the Greeks' appreciation of the profundity of music's interconnections with philosophy, mathematics, and logic led to groundbreaking intellectual achievements that no civilisation has ever matched. (shrink)

This paper articulates and defends a novel view of the strict distinction that Aristotle makes between human and non-human mental life. We examine two crucially relevant but overlooked arguments that turn on the human capacity for reasoning and inference (syl/logismos) to reconstruct his view of what makes some cognitive processes rational and how they differ from non-rational counterparts. A creature is rational just in case its occurrent cognitive states exhibit a sequential coherence wherein prior cognitive activity constrains subsequent activity for (...) the sake of attaining truth. Processes are rational, then, in virtue of how constituent states relate to each other, not whether any given state involves some peculiar content or grasps some distinct object. This study aids, but does not exhaust, a systematic examination of the rational soul in Aristotle’s writing, based on (a) the human/animal comparisons through which he often elucidates rational cognitive capacities and (b) the distinctions that he draws between elements of rational cognition and non-rational counterparts in terms of what minimally suffices to distinguish between them. (shrink)

Biobanks are essential tools for furthering a broad range of medical research areas. However, despite the plethora of national and international laws and guidelines which apply to them, the access and sharing policies of biobanks are only sparsely addressed by regulatory bodies. The ‘give and take’ process of biosample sharing is largely left up to biobank stakeholders themselves to oversee; it is therefore both in stakeholders' power, and in their interest, to ensure that sample accessibility is fair. This is an (...) important step in motivating researchers to collaborate and pool samples, and is crucial to fostering trust in the absence of universally accepted standard practices. To date, little attention has been paid to how fairness considerations affect scientific material sharing, and no empirical research has been carried out to determine the role that fairness plays in collaborative studies. In order to begin to gain understanding in this area, we interviewed 36 biobank stakeholders currently working in Switzerland, focusing on their perceptions of current and optimal fair sharing practices. Our findings reveal that fairness is an important feature of exchange situations for these stakeholders, and that they have well-formed notions about the practical elements of fair sample access, although ideas about the concept of fairness itself are vague. In order to support efforts to network biobanks, attention should be paid to this issue to reassure all involved that they are getting a fair share in their cooperative efforts. (shrink)

The ability to exchange samples and data is crucial for the rapidly growth of biobanking. However, sharing is based on the assumption that the donor has given consent to a given use of her or his sample. Biobanking stakeholders, therefore, must choose 1 of 3 options: obtain general consent enabling multiple future uses before taking a sample from the donor, try to obtain consent again before sharing a previously obtained sample, or look for a legally endorsed way to share a (...) sample without the donor's consent. In this study, we present the results of 36 semistructured qualitative interviews with Swiss biobanking stakeholders regarding these options and the role of ethics committees in the process of authorizing sharing. Our results show that despite a lack of legal or guideline-based barriers to general consent, some stakeholders and ethics committees have reservations about this method of consent. In most cases, however, a general consent form is already in use. Many interviewees describe processes involving the ethics committees as time-consuming and cumbersome and their requirements as too demanding for donors/patients. Greater awareness of donors' opinions and preferences and the content of guidelines and recommendations could therefore be helpful for a better justified perspective of biobanking stakeholders and ethical committee members, equally. Finally, it may be necessary to differentiate between procedures governing future samples, where general consent is clearly desirable, and the use of old yet still relevant samples, where the option of using them without consent can be highly beneficial for research. (shrink)

The embodied human subject is dynamically connected to his or her historico-sociocultural context, the soil from which a person’s psyche is nourished as multiplex meanings are absorbed and enable personal development. In each culture certain towering artistic works embody this perspective. The Dream of the Red Chamber introduces Jia Bao-yu—a scion of the prestigious Jia family—and his relationships with a large cast of characters. Bao-yu is controversial but, at the time of the family’s tragic collapse, he can be seen as (...) embodying a spiritual struggle in which his instinct, nature, sensitivity, and creativity are grounded in his transcendent relationship with a fragment of the world stone, an eternal source of energy and creativity. We are invited to draw on a metaphysical level of thought to consider his struggles with man-made hierarchies and a situated historico-sociocultural order in such a way as to live out his spiritual being. As such, the novel is closely relevant to questions of spirituality in bioethics. Through personal experiences, passions, creativity, and relationships with others, the body is inscribed, forming the soul, which may be misconstrued (for instance, through a medical or Cartesian reformulation of events) but which can be seen as the site of ethical and spiritual thought. (shrink)

L’ouvrage propose une nouvelle traduction italienne du traité 31 (V, 8) de Plotin « Sur la beauté intelligible », assortie de nombreux éléments de commentaire. Le tout est précédé d’une longue introduction issue d’un cours donné par l’auteur, dont les quatre parties offrent une perspective historico-philosophique sur le texte, par là resitué dans le cadre du développement de la pensée antique en général et de l’œuvre plotinienne en particulier. Réalisée à partir de l’editio maior de Henry et...

L’objectif de cet article est d’analyser les relations entre les mères ayant des enfants en situation de handicap ou présentant des difficultés développementales et les professionnelles au sein de crèches collectives dites inclusives. Dans le cadre d’une étude plus vaste, réalisée en France, portant sur le soutien des familles de jeunes enfants porteurs de handicap ou présentant des difficultés développementales, un entretien semi-directif a été réalisé auprès de neuf mères et de dix professionnelles pour analyser leurs relations. L’analyse qualitative de (...) données est réalisée selon l’approche de Braun et Clarke (2006). Les principaux résultats mettent en évidence, pour les mères, l’importance du partage d’informations, le soutien apporté par les professionnelles ainsi que leurs compétences. Les professionnelles, quant à elles, soulignent l’échange d’informations et leur rôle d’accompagnement dans l’acceptation du handicap de l’enfant ou dans le processus de parentalité. Les résultats sont discutés et des pistes d’intervention sont proposées. (shrink)

Background: Multi-collaborator research is increasingly becoming the norm in the field of biomedicine. With this trend comes the imperative to award recognition to all those who contribute to a study; however, there is a gap in the current “gold standard” in authorship guidelines with regards to the efforts of those who provide high quality biosamples and data, yet do not play a role in the intellectual development of the final publication. -/- Methods and findings: We carried out interviews with 36 (...) individuals working in, or with links to, biobanks in Switzerland, in order to understand how they interpret, apply and value authorship criteria in studies involving biosamples. The majority of respondents feel that authorship is an important motivating factor in working and publishing collaboratively. However, our findings suggest that in some cases, authorship guidelines are being ignored in favor of departmental standards which recognize “scientific work” as meriting authorship. -/- Conclusions: Our results support the current calls in the literature for an alternative method of crediting biomaterial contributions, in order to ensure appropriate authorship inclusion and promote collaborative research involving biobanks. (shrink)

We have far less evidence for Aristotle’s reception of Protagoras than we like to think, and the evidence we do have is somewhere we hardly ever look. With one exception, every reference Aristotle makes to the Measure Doctrine—Protagoras’ claim that humans are the ‘measure of all things —concerns the Doctrine as amplified in Plato’s Theaetetus, and the ‘Protagoras’ in question is Plato’s fictional character as fictional. Metaph. I 1, 1053a35–b3 provides the only exception, where Aristotle offers an anomalous reading of (...) the Doctrine incompatible with the others. The chapter interprets I 1, 1053a35–b3 and concludes that Aristotle attributes the anomalous reading to Protagoras himself. The chapter argues further that every other reference to the Doctrine derives from the Theaetetus. Aristotle formulates ‘the theory of Protagoras’ according to Plato’s self-refutation argument, and his argument that it denies the Principle of Non-contradiction includes premisses from Plato’s argument that are out of place in Aristotle’s own. He moreover attributes to ‘Protagoras’ arguments and dialectical demands that the fictional Protagoras makes in his so-called ‘apology’, so his target is specifically a Platonic invention and not the historical person. This leaves only Metaph. I 1 1053a35–b3 to join his six other references to the historical Protagoras, which makes it Aristotle’s only engagement with the Measure Doctrine as the actual view of his predecessor. (shrink)

For several decades, business has operated according to the tenets of neoclassical economic theory, where the primary obligation of corporations is to maximize profit for shareholders. However, the larger social mandate for business has changed, represented by the rise of language such as "sustainable development", "corporate social responsibility" (CSR) and "stakeholder groups." Nevertheless, the theoretical shift implied by the use of such language has not occurred. Issues of sustainable development and CSR continue to be justified in the terms of neoclassical (...) economic theory through the rationalization of "doing well by doing good".Within this economic paradigm, CSR cannot move beyond enlightened self-interest (acting in socially responsible ways in order to further one''s own ends) because all behavior must be justified economically. This implies that corporate socially responsible behavior will simply cease when it becomes uneconomic, regardless of the impact on interrelated systems which in turn will re-impact the business realm. (shrink)

It has come to our attention that in the original article [1] information regarding dates was omitted. The data in this study were obtained in Switzerland four years before the entering into force of the new Swiss Human Research Act in 2014, when the guidelines of the Swiss Academy of Medical Sciences ceased to apply. It is important for readers to know that at the time of the study there was no binding law in Switzerland, only the more open SAMS (...) guidelines that have a different legal status. We would expect to find less variation of opinions among research ethics committee members if the study were repeated after the federal law came into force. (shrink)

Switzerland has an excellent culture of medical research and is a melting pot for medical experts with international expertise. Nevertheless, as in other countries, the resources available to medical researchers are not being fully used. Biological samples, which enable a host of medical research studies to be carried out without invasive methods involving patients, are frequently left unused or forgotten. The aim of this study is to examine the experiences of biobank stakeholders regarding the use or underuse of biosamples, in (...) order to develop paths to optimize biosample research. Interviews were carried out with 36 biobank stakeholders in Switzerland concerning their experiences with biosample use, and the possible obstacles at each stage of the process. Interviews revealed that standard operating procedures were the most frequently cited obstacle, although these were not judged to be severe hindrances. Despite a stated desire to develop biosample research, skepticism of sharing networks and wariness of new partnerships were strong themes. Biobanking still functions as an emerging field, in which exchange practices have yet to be established at the national and international levels. Sample exchange continues to function largely based on personal contacts; while this is an inherent feature of competitive medical research, opportunities for large-scale studies may be lost due to excessive caution. (shrink)

A sociological conceptualisation of space moves beyond the material to the relational, to consider space as a social process. This paper draws on research that explored the reproduction of legitimated knowledge and power structures in intensive care units during encounters, between patients, who were experiencing mental illness, and their nurses. Semi‐structured telephone interviews with 17 intensive care nurses from eight Australian intensive care units were conducted in 2017. Data were analysed through iterative cycling between participants' responses, the literature and the (...) theoretical framework. The material and relational aspects of space in this context constitute a dynamic process that is concerned with the reproduction of everyday life, the preservation of the biomedical authority of intensive care, and the social othering of people experiencing mental illness. The work of theorists such as Löw, Harvey and Foucault underpins the exploration of space as a multi‐dimensional, malleable social process that both produces and is the product of social interaction and the social world. In this paper, we argue that the performative work of knowledge and power production and reproduction, considered here in relation to intensive care spaces, enables ongoing othering and disenfranchisement of people experiencing mental illness. (shrink)

O artigo tenta compreender como o software livre tornou-se vetor de um movimento social militante para criação e difusão de bens comuns. Como, para além de suas características de “meio” esses softwares foram transformados em questões de política, economia, sociedade, cultura e ética? São emergência, os modos de organização e as ideologias desse movimento que o artigo se propõe a analisar.