Although the ethical and legal worlds are often at odds, a wealth of information is gained by evaluating legal decisions from an ethical perspective. Evaluating court decisions from an ethical viewpoint, increases our knowledge, and helps to beneficially influence future court precedent. Of particular importance to the relationship between the law, business, and ethics, is the ideal of beneficence and non-maleficence. It is the court’s role to protect the rights of individuals, especially with regards to their health care provision. These (...) issues are especially present in conflicts that relate to the availability and access to health care and insurance coverage. Patient autonomy, physician malpractice and informed consent are all influenced by such current court precedent as addressed bythe Employee Retirement Income and Security Act of 1974 (ERISA). This leads us to the central theme of this discussion on the ethical implications of the Supreme Court precedent on ERISA. (shrink)
Henri Lefebvre has considerable claims to be the greatest living philosopher. His work spans some sixty years and includes original work on a diverse range of subjects, from dialectical materialism to architecture, urbanism and the experience of everyday life. The Production of Space is his major philosophical work and its translation has been long awaited by scholars in many different fields. The book is a search for a reconciliation between mental space and real space. In the course of his (...) exploration, Henri Lefebvre moves from metaphysical and ideological considerations of the meaning of space to its experience in the everyday life of home and city. He seeks, in other words, to bridge the gap between the realms of theory and practice, between the mental and the social, and between philosophy and reality. In doing so, he ranges through art, literature, architecture and economics, and further provides a powerful antidote to the sterile and obfuscatory methods and theories characteristic of much recent continental philosophy. This is a work of great vision and incisiveness. It is also characterized by its author's wit and by anecdote, as well as by a deftness of style which Donald Nicholson-Smith's sensitive translation precisely captures. (shrink)
The work of Henri Bergson, the foremost French philosopher of the early twentieth century, is not usually explored for its political dimensions. Indeed, Bergson is best known for his writings on time, evolution, and creativity. This book concentrates instead on his political philosophy—and especially on his late masterpiece, _The Two Sources of Morality and Religion_—from which Alexandre Lefebvre develops an original approach to human rights. We tend to think of human rights as the urgent international project of protecting all (...) people everywhere from harm. Bergson shows us that human rights can also serve as a medium of personal transformation and self-care. For Bergson, the main purpose of human rights is to initiate all human beings into love. Forging connections between human rights scholarship and philosophy as self-care, Lefebvre uses human rights to channel the whole of Bergson's philosophy. (shrink)
Henri Bergson is primarily known for his work on time, memory, and creativity. His equally innovative interventions into politics and religion have, however, been neglected or dismissed until now. In the first book in English dedicated to Bergson as a political thinker, leading Bergson scholars illuminate his positions on core concerns within political philosophy: the significance of emotion in moral judgment, the relationship between biology and society, and the entanglement of politics and religion. Ranging across Bergson's writings but drawing mainly (...) on his last book, _The Two Sources of Morality and Religion_, the contributors consider Bergson's relevance to contemporary discussions of human rights, democratic pluralism, and environmental ethics. _Contributors._ Keith Ansell-Pearson, G. William Barnard, Claire Colebrook, Hisashi Fujita, Suzanne Guerlac, Vladimir Jankélévitch, Frédéric Keck, Leonard Lawlor, Alexandre Lefebvre, Paola Marrati, John Mullarkey, Paulina Ochoa Espejo, Carl Power, Philippe Soulez, Jim Urpeth, Melanie White, Frédéric Worms. (shrink)
When we think of human rights we assume that they are meant to protect people from serious social, legal, and political abuses, and to advance global justice. In _Human Rights and the Care of the Self_, Alexandre Lefebvre turns this assumption on its head, showing how the value of human rights also lies in enabling ethical practices of self-transformation. Drawing on Foucault's notion of 'care of the self', Lefebvre turns to some of the most celebrated authors and activists (...) in the history of human rights–such as Mary Wollstonecraft, Henri Bergson, Eleanor Roosevelt, and Charles Malik–to discover a vision of human rights as a tool for individuals to work on, improve, and transform themselves for their own sake. This new perspective allows us to appreciate a crucial dimension of human rights, one that can help us to care for ourselves in light of pressing social and psychological problems, such as loneliness, fear, hatred, patriarchy, meaninglessness, boredom, and indignity. (shrink)
The French Marxist philosopher and sociologist Henri Lefebvre meditates on the relationship between jouissance, space, and architecture. Commissioned as a part of a study on tourist new towns in Spain, the book identifies spaces devoted to pleasure, enjoyment, sensuality, and desire as sites where the possibilities for a society moving beyond Fordism are manifested. In order to study these possibilities, architecture needs to be redefined as a mode of imagination rather than being restricted to a specialized practice or a (...) collection of monuments. Taking the practices of habitation as the starting point of the inquiry, Toward an Architecture of Enjoyment is understood as a production of space on all scales, from the domestic interiors, through urban spaces, to landscapes. Extending the focus of the book from “architecture” to “space of jouissance” within a transdicisplinary perspective, Lefebvre opens the discussion towards questions of subversive spaces, rhythmanalysis of the body, and pedagogy of senses. He proposes a Marxist take of architecture different from and alternative to the voice of Manfredo Tafuri, which since then has dominated critical architectural theory and history. Toward an Architecture of Enjoyment not only fundamentally changes our view on French and international architecture culture after 1968 but it gives new impulses for today’s debates about architecture and the urban society. (shrink)
This paper primarily reports the findings of content analyses of seventy-five codes of ethics ofFinancial Post 500 corporations. The contents of each code were comprehensively evaluated along sixty-one criteria according to four levels. It was found that the focus of these codes was the protection of the firm. While some of them refer to issues of social responsibility, they are principally concerned with conduct against the firm.
The notion of “responsible luxury” may appear as a contradiction in terms. This article investigates the influence of two defining characteristics of luxury products—scarcity and ephemerality—on consumers’ perception of the fit between luxury and corporate social responsibility (CSR), as well as how this perceived fit affects consumers’ attitudes toward luxury products. A field experiment reveals that ephemerality moderates the positive impact of scarcity on consumers’ perception of fit between luxury and CSR. When luxury products are enduring (e.g., jewelry), a scarce (...) product is perceived as more socially responsible than a more widely available one and provokes positive attitudes. However, this effect does not appear for ephemeral luxury products (e.g., clothing). The perceived fit between luxury and CSR mediates the combined effects of scarcity and ephemerality on consumers’ attitudes toward luxury products. This study provides valuable insights that luxury brand managers can use to design their CSR and marketing strategies. (shrink)
: Is Peirce's esthetic relevant for the philosophy of art—what is usually referred to today as aesthetics? At first glance Peirce's idiosyncratic esthetic seems quite unconcerned with issues of art. Yet a careful examination reveals that this is not the case. Thus, rather than attempt to "apply" Peirce's views to some aspect of the practice or the theory of art (e.g., creativity, historiography of art, style, genre), or even to a particular work of art, my intention is to examine how (...) art fits into Peirce's own conception of his esthetic theory. The argument is divided into two parts. In the first section I present Peirce's conception of esthetics in the context of the normative sciences. I argue that esthetics connects with various strands of Peirce's philosophy, most notably his cosmology, his agapasm and with the way that important aspects of them hang together around the principle of abduction and the corresponding notion insight. In the second section, I consider in what way art may be said to be admirable, to contribute to the summum bonum. I try to show that Peirce's esthetic suggests that what attracts us towards art is first and foremost a semeiotic quality qua quality of mind or quality of Thirdness. (shrink)
The Image of Law is the first book to examine law through the work of Gilles Deleuze, activating his thought within problems of jurisprudence and developing a concept of judgment that acknowledges its inherently creative capacity.
Ostracism—being excluded and ignored—thwarts satisfaction of four fundamental needs: belonging, self-esteem, control, and meaningful existence. The current study investigated whether training participants to focus their attention on the here-and-now reduces distress from an ostracism experience. Participants were first trained in either focused or unfocused attention, and then played Cyberball, an online ball-tossing game for which half the participants were included or ostracized. Participants reported their levels of need satisfaction during the game, and after a short delay. Whereas both training groups (...) experienced the same degree of need-threat in the immediate measure, participants who were trained in focused attention showed more recovery for the delayed measure. We reason that focused attention would not reduce the distress during the ostracism experience, but it aided in recovery by preventing participants from reliving the ostracism experience after it concludes. (shrink)
The ratio bias––according to which individuals prefer to bet on probabilities expressed as a ratio of large numbers to normatively equivalent or superior probabilities expressed as a ratio of small numbers––has recently gained momentum, with researchers especially in health economics emphasizing the policy importance of the phenomenon. Although the bias has been replicated several times, some doubts remain about its economic significance. Our two experiments show that the bias disappears once order effects are excluded, and once salient and dominant incentives (...) are provided. This holds true for both choice and valuation tasks. Also, adding context to the decision problem does not change this outcome. No ratio bias could be found in between-subject tests either, which leads us to the conclusion that the policy relevance of the phenomenon is doubtful at best. (shrink)
The ratio bias—according to which individuals prefer to bet on probabilities expressed as a ratio of large numbers to normatively equivalent or superior probabilities expressed as a ratio of small numbers—has recently gained momentum, with researchers especially in health economics emphasizing the policy importance of the phenomenon. Although the bias has been replicated several times, some doubts remain about its economic significance. Our two experiments show that the bias disappears once order effects are excluded, and once salient and dominant incentives (...) are provided. This holds true for both choice and valuation tasks. Also, adding context to the decision problem does not alter this finding. No ratio bias could be found in between-subject tests either, which leads us to the conclusion that the policy relevance of the phenomenon is doubtful at best. (shrink)
This article examines Henri Bergson’s conception of human rights in The Two Sources of Morality and Religion. I claim that he provides an original view of human rights. Rather than understand human rights primarily as an institution to protect all human beings from serious social, legal, and political abuse, Bergson conceives of them as a medium of personal transformation. In particular, I argue that for him the true potential of human rights is to initiate all human beings into a way (...) of life open to love and joy. (shrink)
We argue that the operational definition proposed by Ramsey et al. does not represent a significant improvement for students of innovation, because it is so restrictive that it might actually prevent the testing of hypotheses on the relationships between innovation, ecology, evolution, culture, and intelligence. To avoid tautological thinking, we need to use an operational definition that is taxonomically unbiased and neutral with respect to the hypotheses to be tested.
We propose that black holes may serve as a physical substratum for intelligent beings, based on(1) The descriptions of brain and psyche are complementary to each other, as internal and external observers of a black hole in the Susskind-t'Hooft's schema.(2) There is an aspect of the inner structure of a black hole that is isomorphic to the structure of the human subjective domain in the psychological model of reflexion.(3) Both black holes and the brain-psyche system have a facet that can (...) be represented using thermodynamic concepts.(4) Both lend themselves to a holographic description. (shrink)
Résumé : L’article propose une démarche méthodologique permettant d’identifier la réflexion professionnelle chez des stagiaires en formation à l’enseignement. En effet, la capacité d’analyser sa pratique de façon réflexive est une composante d’une compétence professionnelle à développer selon le Ministère de l’Éducation du Québec. Une certaine forme de réflexion chez les étudiants est donc à acquérir et, du point de vue des tuteurs de stage, à faire acquérir. Quels sont les critères implicites que les enseignants associés des écoles ou les (...) superviseurs universitaires identifient afin d’évaluer la présence ainsi que la qualité de la compétence réflexive chez le stagiaire ? L’étude identifie une dizaine de points de repère afin de favoriser chez les tuteurs de stage l’évaluation de la compétence réflexive de leurs stagiaires. L’article valide ces critères à partir d’un extrait de discours de stagiaire, puis confronte cet extrait à une autre approche, consistant à détecter des reconceptualisations chez les stagiaires pour dépister de la réflexion. Une certaine cohérence s’établit avec les critères empiriques d’identification de la réflexion identifiés par induction chez les tuteurs de stage. S’ensuit une discussion sur ces critères en lien avec les approches méthodologiques adoptées. La recherche utilise un devis qualitatif et s’appuie sur des entretiens semi-structurés. Abstract : This article proposes a methodological process aimed at identifying professional reflection among student teachers in teacher education. The ability to analyze one’s practice reflectively is a component of one of the professional competencies that must be developed according to Quebec’s Ministry of Education. A certain form of reflection must therefore be acquired by students, and, from the standpoint of practicum supervisors, it must be developed in students. What are the implicit criteria that mentor teachers in schools or university-based supervisors identify in order to assess the presence and quality of student teachers' reflective competence? This study identifies a dozen guideposts to assist supervisors in this direction. The article first validates these criteria based on an excerpt of a student teachers’ statements, then submits the same excerpt to another approach aimed at detecting the student teacher’s reconceptualizations with a view to pinpointing reflection. A certain degree of coherence is established with the empirical criteria for identifying reflection as identified inductively by practicum supervisors. A discussion follows on these same criteria in line with the methodological approaches adopted. This research is based on a qualitative study and draws on semi-structured interviews. (shrink)
Sociality may not be a defining feature of social learning. Complex social systems have been predicted to favour the evolution of social learning, but the evidence for this relationship is weak. In birds, only one study supports the hypothesis that social learning is an adaptive specialisation to social living. In nonhuman primates, social group size and social learning frequency are not correlated. Though cetaceans may prove an exception, they provide a useful group with which to test these ideas.
ExcerptIt is often observed by H. L. A. Hart, and also by his friends and interpreters, that when he accepted Oxford's Chair of Jurisprudence in 1952 his field was in a bad way. Looking back in an interview, Hart remarks that at the time British jurisprudence “had no broad principles, no broad faith; it confronted no large questions…. It focused on technical, legal problems. There were no large-scale inquiries into the philosophical dimensions of law…. There was no legal philosophy. Jurisprudence (...) had become a kind of closed subject, and very few people had ever thought of revising it.”1 Indeed, shortly…. (shrink)
A recurrent problem in Spinoza's ethical and political philosophy is what beings can do, what their affects are, and how these affects may be diminished or enhanced. This paper focuses on Spinoza's Theological-Political Treatise to examine how natural and positive law engages a constitutive relationship with our affective capacity or, in Spinoza's language, our modal power and conatus. This paper begins with a critique of interpretations of Spinoza as a precursor of liberal political and juridical philosophies, and proceeds to argue (...) that far from grounding a stable polity in individual right, law and natural right, Spinoza establishes a political landscape without finalist significance and in pursuit of an embodied activity of establishing new affects. Law in Spinoza will be seen not as a duty or a constraint but as a measure and an exercise of affectivity and power, a productive and phenomenological force that casts human affects into creative and unforeseeable figurations. (shrink)
Kant proposes a unique and necessary presupposition of our faculty of judgment. Empirical nature, together with its diverse laws, must be judged as if it were a coherent unity. In a teleological judgment, we add that nature must be judged as if it were purposively designed for our faculty of judgment. In this article, I argue that Kant's insights on reflective teleological judgment - the least commentedupon element of the Critical philosophy - are adopted by Dworkin towards a philosophy of (...) law and adjudication. I claim Dworkin's concept of integrity strictly, but tacitly, partakes of the structure of Kant's teleological judgment in its presumption of systematicity in juridical laws and unity of community which designs and abides its own principles. Throughout, I draw on Gilles Deleuze - a philosopher who complains of being against judgment and wishes to have done with judgment - to critique both the presuppositions and effects of such teleological judgment and the image of law it proposes. Using Deleuze I hope to characterize and criticize the teleological theory of judgment and also fruitfully engage Deleuze with problems of law scarcely addressed either by himself or by commentary. Key Words: Gilles Deleuze Ronald Dworkin integrity judgment Immanuel Kant law principle teleology. (shrink)