The VIDAS data set presents data from 200 participants from different countries and language backgrounds. They completed an oral expression and interaction test in the context of a Spanish certification exam for adult migrants. The aim of the VIDAS data set is to provide researchers in psycholinguistics and second language acquisition with a Spanish spoken corpus of traditionally marginalized and underrepresented learners, providing a compelling data set of oral interactions by migrants and refugees. The corpus contains more than 29 h (...) of recordings of the oral interactions of the participants with trained interviewers, as well as background information about the participants. It furthermore contains the scores obtained by the participants in the oral expression and interaction exam. The VIDAS corpus allows for the development of studies on L2 spoken language comprehension and processing, as well as for comparative analyses of language acquisition between different L1 groups at different linguistic levels. (shrink)

The European Commission has recently proposed the introduction of legally binding quotas for women on corporate boards of European companies. This proposal has put the spotlight on the question of whether increasing female representation on the board brings economic benefits to the firm. In order to shed light on the issue, this study investigates the direct and indirect effects of women on the board on firm value. We use a simultaneous equation model to estimate the effects of women on the (...) board on firm value, financial performance, and compliance with ethical and social principles adopted by the firm. We find no evidence that a higher female representation on the board directly affects firm’s value. However, we find indirect effects. Women on the board are positively related with financial performance (measured in terms of return on assets and return on sales) and with ethical and social compliance, which in turn are positively related with firm value. The findings in this study suggest that greater female representation on corporate boards of large European firms can increase firm value indirectly. Further, part of the indirect effect comes from stronger compliance with ethical principles, something that is not captured by accounting-based financial performance. (shrink)

This book presents papers that deal with Hans Kelsen's legal philosophy, and includes contributions from Hedley Bull, J.W. Harris, Phillip Pettit, Joseph Raz, Jes Bjarup, and Stanley L. Paulson.

Provability, Computability and Reflection.

ABSTRACT If it could be shown that law is, in some sense, a moral system the apparent contradiction between (moral) autonomy and (legal) heteronomy might be challenged. In order to prepare for such a challenge this paper questions the prevailing view that law is not in the business of enforcing morals. That is done primarily by using decisions of the criminal courts to show that the law does not always criminalise conduct merely to prevent harm to others. Paternalism is distinguished (...) from the harm principle in order to show that the law (rightly or wrongly) sometimes seeks to secure that which is (thought to be) morally good, irrespective of the prevention of harm, at least overall harm. If such an insight is well founded there are consequences for legal theory in that neither of the ruling paradigms (naturalism and positivism) seems able adequately to accommodate the view of law which emerges. Consequently, an attempt is made in the essay to develop a middle theory of law, between naturalism and positivism, which is referred to as ‘normative positivism‘. The theory presented has, in turn, consequences for political practice. If law can be seen as community morality rather than as merely the morality of officials, then everyone has a stake in the moral content of law and there may be good moral reasons for disobeying official laws. Civil disobedience is the citizen's ultimate resort against the official morality that has appropriated to itself the eulogistic name of ‘law‘. That law may be seen as community morality also calls into question some ruling paradigms as to the nature of morality but, if the claim can be sustained, then the legal system may be seen as applied moral philosophy in action. (shrink)

This paper presents a way of classifying different forms of naturalness and unnaturalness. Three main forms of (un)naturalness are found as the following: history- based (un)naturalness, property-based (un)naturalness and relation-based (un)naturalness. Numerous subforms (and some subforms of the subforms) of each are presented. The subforms differ with respect to the entities that are found (un)natural, with respect to their all-inclusiveness, and whether (un)naturalness is seen as all-or-nothing affair, or a continuous gradient. This kind of conceptual analysis is needed, first, because (...) discussion concerning (un)naturalness is common in current bioethics and environmental ethics, and second, because the terms natural and unnatural are highly ambiguous. Thus, the lack of an exact definition of the type of (un)naturalness may lead into equivocation, other forms of bad argumentation, or at least vagueness. (shrink)

The author suggests that law is best represented, understood, and taught in the form of open‐ended, defeasible, normative, conditional propositions. The meaning, role, and significance of defeasibility is explained by presenting three ‘canonical forms’ and by distinguishing exceptions and overrides. The role of equity in the law of contract, as understood by the author, is taken as an exemplar of override and parallels are drawn with policy in the English law of tort and with mercy in the criminal law of (...) England and Wales. The third and preferred canonical form is sequenced and internally differentiated and seeks a satisfactory middle way between all‐or‐nothing rules and wild‐card discretion and a reconciliation of the surface demands of legal rules and the deeper values embedded in law. The suggested approach therefore resists closure and seeks a conceptual restructuring of law which opens it up to the influence of notions such as justice and equity and locates them as open‐ended conditions of defeasance inhabiting the express or implied ‘unless…’ clause which is taken to be an element in every fully‐formed statement of law. This approach accommodates law as a locus not only of traditional rule‐based reasoning, but also of open‐ended internal moral reasoning invoking deeper values inherent in law and only imperfectly captured and implemented by formal legal rules. (shrink)

This article explores how meanings around risk, health/safety, and workers’ bodies are constructed in an academic context. I do so through the study of a single academic in Australia who sustained a back injury at work. Through an analysis of in-depth interviews and documents, I attempt to show the embodied experience of an injured worker’s struggle for care, recovery, and survival in the neoliberal academy. Writing from the nexus of workplace health and safety and critical management literatures, the raw testimony (...) of this injured academic lays bare the violences that are enabled within a wider culture of self-discipline, individualism, and performativity in the university. The story presented in this article exposes how physiological and psychological injuries can be exacerbated through the very health and safety procedures that are designed to prevent and alleviate harm. Please note that this article contains references to suicide and suicidal ideation. (shrink)

We show that Dedekind, in his proof of the principle of definition by mathematical recursion, used implicitly both the concept of an inductive cone from an inductive system of sets and that of the inductive limit of an inductive system of sets. Moreover, we show that in Dedekind’s work on the foundations of mathematics one can also find specific occurrences of various profound mathematical ideas in the fields of universal algebra, category theory, the theory of primitive recursive mappings, and set (...) theory, which undoubtedly point towards the mathematics of twentieth and twenty-first centuries. (shrink)

Given statements like these about current developments in intellectualizing about law in America it is an exciting time to look at American legal philosophy. Given the ferment in the law schools and the volume of literature in the law journals it is also a difficult task confidently to extract the main lines of current thought and adequately to assess the significance of current intellectual movements. American lawyers are inclined to point out that there is no such thing as ‘American law’. (...) Rather, in addition to Federal law and the Supreme Court's jurisdiction there are some fifty jurisdictions each with its own Constitution, Legislature and Supreme Court and consequently diversity rather than uniformity is the rule. Equally, the very idea that there is some single, coherent and widely accepted theory of law deserving description as ‘American legal philosophy’ obviously begs all manner of significant questions. (shrink)

The aim of this article is to explore the Irish dancing body by combining the growing social science interest in mobility with the established area of the body as a site of culture. On the basis of ethnographic observations and interviews about dance and culture in Ireland, I will discuss the Irish dancing body in relation to the construction of social memory, the embodiment of values linked to Irish national identity, mobility, dance competitions and global touring. First, I will detail (...) three distinct movement sequences from different dance forms in Ireland: competitive Irish dancing, dance theatre and Riverdance(the commercial Irish dance show). Second, I will look at how dance can be said to travel around Ireland, north and south, as well as back and forth to Ireland. The idea of the Irish dancing body offers an example of the unity of body and mind in dance, revealing also that abstract dance and movement communicate stories about their societies. In Irish dance, these stories feature displacement, longing and resistance, often steeped in the history. I conclude that this social memory connects a distinct Irish tradition with European modernity. (shrink)

Terror may have dire implications for the public’s behavior. According to Kirschenbaum (J Homel Secur Emerg Manag 3(1/3):1–33, 2006), in order to minimize the expected impact of a terror incident the public has to adopt a “survival strategy”. According to the underlying research hypothesis of the study, the longer the terror incidents continue, the more the public accepts the possibility that it will be in this situation for the long term; therefore, the extent of its deviation from its ordinary consumer (...) behavior steadily declines after each terror incident. By using daily trade data and an Event Studies econometric methodology, we found the existence of an adaptation trend among the consumer public. Thus, over time, the Israeli public internalized the realization that if it wishes to sustain a reasonable standard of living, it must minimize the disparity between its consumer economic behavior before a terror event and its behavior afterwards. Announcing more assassinations of terrorists was found to calm the public’s fears, when fears are judged by a return to more normal consumption patterns. Another finding is the existence of variance in the pace of this adaptation as a dependency of the type of good consumed: consistently, the adaptation is faster in regard to non-durable goods than to durable goods. This outcome is subject to interpretation, since durable goods may be viewed as “half-consumption goods, half-capital goods,” it stands to reason that capital goods would be more strongly affected than consumption goods. (shrink)

Is food’s naturalness conceptually connected to its healthiness? Answering the question requires spelling out the following: (1) What is meant by the healthiness of food? (2) What different conceptual meanings the term natural has in the context of food? (3) Are some of those meanings connected to the healthiness of food? In this paper the healthiness of food is understood narrowly as food’s accordance with nutritional needs of its eater. The connection of healthiness to the following five food-related senses of (...) the term “natural’’ is analyzed: naturalness as nutritive suitability, naturalness as moderate need satisfaction, naturalness as lack of human influence, naturalness as authenticity, and naturalness as familiarity. It is concluded that some very common current uses of the term “natural,” such as naturalness as lack of human influence, are not conceptually connected to the healthiness of food. Nevertheless, the first two senses of naturalness are strongly conceptually connected to healthiness in the food context and the last one may be indirectly related to it. Thus, desire for natural food is not necessarily mistaken and misguided. (shrink)

The education of the emotions is a valuable tool not always taken into account in the development of the democratic, egalitarian background essential to empower citizens. Perhaps the difficulty lies in the fact that, firstly, it is necessary to probe the possibilities of educability of emotions. Martha Nussbaum is one of the contemporary philosophers who have devoted much of their work to the study of emotions, and from her theory, conclusions can be drawn about the question of their educability. Her (...) theory of emotions can be situated within a set of theories that understand emotions as cognitive, which turns literature into a useful tool for their education. However, the author does not put forward an explicit methodology for such development from narrative. To this end, in this interview Nussbaum is asked about the concept of self-conscious reflection as a feasible proposal to enable the education of emotions, as well as about whether a list of “democratic emotions” can be built from her theory. Also, in this context, Nussbaum responds and elaborates on these themes. (shrink)

It must be considered that a man who only does what everyone of the society to which he belongs would do is not a dishonest man.A lack of confidence in the ability of a tribunal correctly to estimate evidence of states of mind and the like can never be sufficient ground for excluding from enquiry the most fundamental element in a rational and humane criminal code.

The social construction of space -- The anatomy of taste -- Towards a theory of cultural practice --Fields of cultural production -- Cultural practice, reflexivity and political action.

The role of values in the scientific process is widely debated. But evidence and values cannot be neatly separated. Instead, values infuse the entire scientific process, starting with the choice of research questions. Research avenues are selected based on prior beliefs about the workings of the world. In fact, informally assigned prior probabilities and normalizing constants play an essential role in distinguishing causes from correlations and ignoring irrelevant associations that would otherwise be suggested by raw data. But since these initial (...) probabilities often have a heterogeneous pedigree – often not all that went into their formation is known or knowable – it becomes difficult to cleanly separate evidence from values. At the same time, this reality does not undermine science’s unique status in generating knowledge. This is because it is not the evidence per se generated by science, but rather the method by which science generates it, that justifies science’s privileged role. (shrink)

This article seeks to clarify the concepts of risk and uncertainty, restricting its focus to environmental problems and to three strands of reflection. Firstly, I suggest that we should apply the label riscophrenia to the tendency to envisage most environmental problems excessively in terms of probabilistic risk, erecting the concept to a core dogma of certainty based on the image it offers of safety and control of the random. Looking at the most serious environmental problems of the twenty-first century through (...) the prism of "animal spirits" is above all an exercise which shows that unpredictability and uncertainties are constituent elements of human existence and social life. Secondly, I argue that the assessment of uncertainty has political and normative implications. I hold that uncertainty may make it possible to invoke precautionary, not just preventive, measures, and that alternative "contextualised" research strategies, open to a variety of points of view, are possible. Lastly, I claim that the language of risk and its excessive application is generally laden with a type of ambiguity which tends not to emphasize society's current problems, and so facilitates the continuation rather than the questioning of our society's dominant technocratic and technological model. (shrink)

Acting for the good of the patient is the most fundamental and universally acknowledged principle of medical ethics. However, given the complexity of modern medicine as well as the moral fragmentation of contemporary society, determining the good is far from simple. In his philosophy of medicine, Edmund Pellegrino develops a conception of the good that is derived from the internal morality of medicine via the physician-patient relationship. It is through this healing relationship that rights, duties, and privileges are defined for (...) both physicians and patients. Moreover, this relationship determines the characteristics or virtues that are necessary to engage in the medical telos. This paper addresses the role of the moral virtues in clinical medicine and the physician-patient relationship. First, it provides a brief background of the Aristotelian foundations of virtue-ethics. Second, it delves into Pellegrino’s philosophy of medicine understood as a practice oriented towards a teleological goal. Third, it relates the telos of medicine to the notion of the medical community as a fundamentally moral community. Finally, it concludes with a section that creates a dialogue between virtue ethics and principlism. (shrink)

In this article we examine the association between national welfare regime and the propensity of middle–aged and older individuals with adult children of their own to provide social support to aged parents. Using data from mature adults (50+) in 26 European countries, we examine whether older and younger generations compete for the time resources of the middle “sandwiched” generation, and whether national policy context shapes this competition. Contrary to expectations, we found that sandwich generation members were less likely to provide (...) support to their parents in Conservative–Mediterranean and East European regimes, but more likely to do so in universalistic Social–Democratic regimes. This evidence supports the hypothesis that well–developed welfare states “crowd–in” family support to older individuals. Middle generation members who provided social support to their adult children tended to provide to their older parents as well. This was particularly true in the two regimes where resources and public benefits tend to be more generous and may be interpreted as state benefits that reduce intergenerational competition. Findings are discussed in terms of the capacity of state policies to shape the allocation of family resources to older adults where extended family lineages have become the norm. (shrink)

In most western countries, there is a 'human organ shortage' with waiting lists for the performance of transplantation. In a recent report of the UNOS Ethics Committee it is stated that there are approximately 31,000 potential recipients on waiting lists, but only one fourth of potential donors give their specific consent. Xenotransplantation--defined as the transplantation of animal cells, tissues or organs into human beings--is associated with particular ethical dilemmas, namely the problems of efficiency and safety of this medical procedure. The (...) objective of this study is to analyse the ethical dilemmas in xenotransplantation with the background of a personal view of moral life. Also, xenotransplantation will be evaluated as far as the legal regulation of transplantation is concerned. In particular, we will consider patients rights in accordance with existing laws on organ and tissue transplantation, animal research and clinical trials. (shrink)

Purpose The purpose of this paper is to report on empirical work conducted to open up algorithmic interpretability and transparency. In recent years, significant concerns have arisen regarding the increasing pervasiveness of algorithms and the impact of automated decision-making in our lives. Particularly problematic is the lack of transparency surrounding the development of these algorithmic systems and their use. It is often suggested that to make algorithms more fair, they should be made more transparent, but exactly how this can be (...) achieved remains unclear. Design/methodology/approach An empirical study was conducted to begin unpacking issues around algorithmic interpretability and transparency. The study involved discussion-based experiments centred around a limited resource allocation scenario which required participants to select their most and least preferred algorithms in a particular context. In addition to collecting quantitative data about preferences, qualitative data captured participants’ expressed reasoning behind their selections. Findings Even when provided with the same information about the scenario, participants made different algorithm preference selections and rationalised their selections differently. The study results revealed diversity in participant responses but consistency in the emphasis they placed on normative concerns and the importance of context when accounting for their selections. The issues raised by participants as important to their selections resonate closely with values that have come to the fore in current debates over algorithm prevalence. Originality/value This work developed a novel empirical approach that demonstrates the value in pursuing algorithmic interpretability and transparency while also highlighting the complexities surrounding their accomplishment. (shrink)

This article identifies the main issues of justice that arise in international trade and critically evaluates contemporary philosophical debates over how to understand them. I focus on three central questions of distributive justice, as applied to trade. What is it about trade that makes it a subject of justice? Which aspects of the international trading system should our principles of justice regulate? What do duties of justice or fairness in trade demand? I show how debates over these questions turn not (...) only on empirical disagreements specific to trade but also on deeper and more general disputes in moral and political philosophy. I argue that trade is a domain in which diverse moral concerns complexly intersect and that a satisfying account of it must do justice to this complexity by itself exhibiting substantial pluralism. (shrink)

Background: Dignity is a multidimensional construct that includes perception, knowledge, and emotions related to competence or respect. Attitudes to aging are a comprehensive personal view of the experience of aging over the course of life, which can be influenced by various factors, such as the levels of health and self-sufficiency and social, psychological, or demographic factors. Aim: The purpose of this study was to explore the attitudes to aging of home-dwelling and inpatient older adults, and whether dignity and other selected (...) factors belong among the predictors influencing attitudes to aging in these two different groups of older adults. Research design: Cross-sectional study using a set of questionnaires: Patient Dignity Inventory, Attitudes to Aging Questionnaire, and Barthel Index. Pearson and Spearman correlation analyses and multivariable linear regression were used for statistical processing. Participants and research context: 233 inpatients and 237 home-dwelling older adults participated in the research in two regions of the Czech Republic. Ethical considerations: Institutional Review Board approval was received from the authors’ university. Findings: The inpatients had more negative attitudes to aging. The predictors of their attitudes to aging were gender and dignity. Women and inpatients with poor dignity ratings had more negative attitudes to aging. The predictors for home-dwelling older adults were education, living arrangement, and dignity. More negative attitudes to aging were found in older adults with lower levels of education who lived alone and rated their dignity as low. Discussion and Conclusions: The results of this study add to the understanding that a sense of dignity is an important predictor of attitudes to aging for both home-dwelling older adults and inpatients. (shrink)

Decision-making capacity is the gatekeeping element for a patient’s right to self-determination with regard to medical decisions. A DMC evaluation is not only conducted on descriptive grounds but is an inherently normative task including ethical reasoning. Therefore, it is dependent to a considerable extent on the values held by the clinicians involved in the DMC evaluation. Dealing with the question of how to reasonably support clinicians in arriving at a DMC judgment, a new tool is presented that fundamentally differs from (...) existing ones: the U-Doc. By putting greater emphasis on the judgmental process rather than on the measurement of mental abilities, the clinician as a decision-maker is brought into focus, rendering the tool more of an evaluation guide than a test instrument. In a qualitative study, the perceived benefits of and difficulties with the tool have been explored. The findings show on the one hand that the evaluation aid provides basic orientation, supports a holistic perspective on the patient, sensitizes for ethical considerations and personal biases, and helps to think through the decision, to argue, and to justify one’s judgment. On the other hand, the room for interpretation due to absent operationalisations, related ambiguities, and the confrontation with one’s own subjectivity may be experienced as unsettling. (shrink)

The Covid-19 induced United Kingdom-wide lockdown in 2020 saw choirs face a unique situation of trying to continue without being able to meet in-person. Live networked simultaneous music-making for large groups of singers is not possible, so other “virtual choir” activities were explored. A cross sectional online survey of 3948 choir members and facilitators from across the United Kingdom was conducted, with qualitative analysis of open text questions, to investigate which virtual choir solutions have been employed, how choir members and (...) facilitators experience these in comparison to an “in-person” choir, and whether the limitations and opportunities of virtual choir solutions shed light on the value of the experience of group singing as a whole. Three virtual choir models were employed: Multi-track, whereby individuals record a solo which is mixed into a choral soundtrack; Live streamed, where individuals take part in sessions streamed live over social media; Live tele-conferencing, for spoken interaction and/or singing using tele-conferencing software. Six themes were identified in the open text responses: Participation Practicalities, encompassing reactions to logistics of virtual models; Choir Continuity, reflecting the responsibility felt to maintain choir activities somehow; Wellbeing, with lockdown highlighting to many the importance of in-person choirs to their sense of wellbeing; Social Aspects, reflecting a sense of community and social identity; Musical Elements, whereby the value of musical experience shifted with the virtual models; Co-creation through Singing, with an overwhelming sense of loss of the embodied experience of singing together in real-time, which is unattainable from existing virtual choir models. The experiences, activities and reflections of choir singers during lockdown present a unique perspective to understand what makes group singing a meaningful experience for many. Co-creation through Singing needs further investigation to understand the impact of its absence on virtual choirs being able re-create the benefits of in-person choirs. (shrink)

Future global food insecurity due to growing population as well as changing consumption demands and population growth is sometimes suggested to be met by increase in aquaculture production. This raises a range of ethical issues, seldom discussed together: fish welfare, food security, human health, climate change and environment, and public concern and legislation, which could preferably be seen as pieces in a puzzle, accepting their interdependency. A balanced decision in favour of or against aquaculture needs to take at least these (...) issues into consideration. It is further argued that in the parallel discussion on increased livestock production animal welfare is an inevitable element both in relation to current legislation in many countries but also in relation to our perception of moral, whereas awareness of fish welfare is low. Both EU legislation and labelling concerning fish is mainly limited to environmental aspects. It is argued that EU shows a split perception of fish, on the one hand acknowledging scientific evidence of fish capacities but on the other excludes fish from detailed legislation. Combining the claim of the Treaty of Lisbon to pay full regard to animal welfare and scientific evidence fish are sentient it is concluded that fish welfare need to be considered in any farming practice and any ethical consideration of increased aquaculture. This might be facilitated taking a basis in our own vulnerability and interdependence, combined with moral responsibility to show sentient beings a ‘loving kindness’—an extension of Cora Diamond’s argument regarding mammals. (shrink)