Healthcare professionals working in intensive care units are often involved in end-of-life decision-making. No research has been done so far about these processes taking place in Croatian ICUs. The aim of this study was to investigate the perceptions, experiences, and challenges healthcare professionals face when dealing with end-of-life decisions in ICUs in Croatia. A qualitative study was performed using professionally homogenous focus groups of ICU nurses and physicians of diverse professional and clinical backgrounds at three research sites. In total, six (...) institutions at the tertiary level of healthcare were included. The constant comparative analysis method was used in the analysis of the data. Differences were found between the perceptions and experiences of nurses and physicians in relation to end-of-life decisions. Nurses’ perceptions were more focused on the context and features of immediate care, while physicians’ perceptions also included the wider sociocultural context. However, the critical issues these specific professional groups face when dealing with end-of-life decisions seem to overlap. A high variability of practices, both between individual practitioners and between different organizational units, was omnipresent. The lack of adequate legal, professional, and clinical guidelines was commonly expressed as one of the most critical source of difficulties. (shrink)

BackgroundDecisions about limitations of life sustaining treatments are made for end-of-life patients in intensive care units. The aim of this research was to explore the professional and ethical attitudes and experiences of medical professionals on treatment of end-of-life patients in ICUs in the Republic of Croatia.MethodsA cross-sectional study was conducted among physicians and nurses working in surgical, medical, neurological, and multidisciplinary ICUs in the total of 9 hospitals throughout Croatia using a questionnaire with closed and open type questions. Exploratory factor (...) analysis was conducted to reduce data to a smaller set of summary variables. Mann–Whitney U test was used to analyse the differences between two groups and Kruskal–Wallis tests were used to analyse the differences between more than two groups.ResultsLess than third of participants stated they were included in the decision-making process, and physicians are much more included than nurses. Sixty two percent of participants stated that the decision-making process took place between physicians. Eighteen percent of participants stated that ‘do-not-attempt cardiopulmonary resuscitations’ orders were frequently made in their ICUs. A decision to withdraw inotropes and antibiotics was frequently made as stated by 22.4% and 19.9% of participants, respectively. Withholding/withdrawing of LST were ethically acceptable to 64.2% of participants. Thirty seven percent of participants thought there was a significant difference between withholding and withdrawing LST from an ethical standpoint. Seventy-nine percent of participants stated that a verbal or written decision made by a capable patient should be respected. Physicians were more inclined to respect patient’s wishes then nurses with high school education. Nurses were more included in the decision-making process in neurological than in surgical, medical, or multidisciplinary ICUs. Male participants in comparison to female, and physicians in comparison to nurses with high school and college education displayed more liberal attitudes about LST limitation.ConclusionsDNACPR orders are not commonly made in Croatian ICUs, even though limitations of LST were found ethically acceptable by most of the participants. Attitudes of paternalistic and conservative nature were expected considering Croatia’s geographical location in Southern Europe. (shrink)

The paper joins Horwich’s criticism of stipulationist accounts of a priori knowledge, and raises some problems for his own account of the a priori. It first questions the assumed separability of scientific investigation and non-scieentific assertoric practices in regard to norms of adequacy. It also questioned Horwich’s Restriction Assumption according to which only the former are answerable to the standards of empirical adequacy and overall simplicity (which threaten apriority in the case of science). Finally, it criticises his argument that inability (...) to think otherwise might guarantee apriority, pointing to science-driven reflective revisability of possibly innate beliefs. (shrink)

In this article, I examine the consequences of Mamou’s recent solution to the so-called problem of reindividuation. The problem is first proposed by John Broome as an argument against the Humean view of rationality and subjective decision theory. Essentially, Broome argues that the reindividuation of outcomes must be constrained in some way if the axioms of rationality are not to be vacuous, but the constraints on individuation cannot be consistent with the Humean view of rationality. Mamou offers an elegant Humean (...) solution to this problem. We do not need such rules for reindividuation since the subjective decision theory operates under the assumption of maximal relevance of description, and only under that assumption do the axioms tell anything. Thus the problem of reindividuation dissolves in a quite natural and simple way. However, I argue that if we connect this solution to the topic of justification for the requirements of rationality, problems arise. I examine the influence of the solution on the common argument for the axioms of decision theory, the so-called money-pump arguments. These arguments are a staple in the justification of the axioms of subjective decision theory. I argue that they are in collision with Mamou’s solution. This collision brings us to the dilemma: either accept Broome’s conclusions or lose the money-pump arguments as an effective tool for justification of the axioms. I conclude that neither of the options is really good for the defenders of the Humean view of rationality. (shrink)

The first, critical part of the paper summarizes J. R. Brown’s Platonic view of thought experiments (TEs) and raises several questions. One of them concerns the initial, particular judgments in a TE. Since they seem to precede the general insight, Brown’s Platonic intuition, and not to derive from it, the question arises as to the nature of the initial particular judgment. The other question concerns the explanatory status of Brown’s epistemic Platonism. The second, constructive descriptive-explanatory part argues for an alternative, (...) i.e. the view of TE as reasoning in, or with help of, mental models which can accommodate all the relevant data within a non-aprioristic framework (or, at worst, within a minimally “aprioristic”, nativist one). The last part turns to issues of justification and argues that the mental model proposal can account for justification of intuitional judgments and can also support the view of properly functioning intuition as an epistemic virtue, all within a more naturalist framework than the one endorsed by Brown. (shrink)

Translated by Aleksandar B. Nedeljkovi? Since the end of the conflict in the Balkans in 1995, there has been an uneasy peace between the rival factions. What were the causes of the tragic disintegration of the former Yugoslavia and what is likely to happen next? Nenad Kecmanovi?, who witnessed and actively participated in many of the key events in Serbia and Bosnia-Herzegovina, offers a perceptive, seasoned analysis of the many challenges that threaten political stability in this powder keg region (...) of Eastern Europe. Both a professor of political science and a former politician who served in many high-ranking posts, Kecmanovi? brings rich, first-hand knowledge—theoretical and practical—to his discussion of the many explanations proposed for the troubles in the former Yugoslavia. Among the issues he considers are the renewal of ancient tribal hatreds, the emergence of nationalism as the last stage of communism, how the interests of outside powers have complicated the situation, whether the conflict represents a clash of civilizations, the difficulties of building democracy on the basis of an authoritarian political culture, and the possibility that democracy in this region acts as a great solvent that dissolves former political unions. Looking to the future, he discusses the rapid and potentially explosive developments in Serbia, Macedonia, and Bosnia-Herzegovina, where there is continuing unrest among ethnic minorities. In conclusion, he assesses the chances that the European Union will someday incorporate the individual states of the former Yugoslavia vs. the potential for another outbreak of war. This sobering, in-depth overview of the current tense situation in the Balkans is must reading for anyone with an interest in the future of Europe. (shrink)

The paper places the work of G. Gaus into the tradition of political thought experimenting. In particular, his strategy of modeling moral decision by the heuristic device of idealized Members of the Public is presented as an iterated thought experiment, which stands in marked contrast with more traditional devices like the veil of ignorance. The consequences are drawn, and issues of utopianism and realism briefly discussed.

U ovom eseju autor ispituje jedan od mogucih puteva u postfilozofiju koja ne postoji.

The main goal of this essay is to provide an in-depth analysis of the trajectory of the Colourful Revolution in North Macedonia as a social movement. From a more general perspective, the paper engages with the growing interest in the literature that explores the correlation between social movements and democratisation processes, especially in societies that fall into the category of hybrid regimes. The Colourful Revolution is a good example of a protest movement that has created effective regime change. It presented (...) a complex social movement encompassing many fragmented social and political groups gathered around the idea of a common adversary. Additionally, the Colourful Revolution has one particularity: it is a social movement that has undergone a full developmental circle - formation through utilization of political opportunity frameworks, a period of activity and success and dissolution. Drawing on literature of the political process, opportunity frameworks and cycles of social movements, the paper argues that social movements such as the Colourful Revolution are not just temporary and unstable structures but are also highly dependent on the existence of a common target of the social activism in question. The removal from power of political actors that have been the reason for mobilisation of a complex and diverse network of social and political activism resulted in an absence of an adhesive factor holding together all the parts of this complex system. The absence initiated gradual discord and dissolution of different factions within the social movement and reveals its true nature - temporary, ideologically diverse, conflictual, and even undemocratic in some respects. (shrink)

Dealing with deductive reasoning, performed by ‘real-life’ reasoners and expressed in natural language, the paper confronts Harman’s denying of normative relevance of logic to reasoning with a logicist thesis, a principle that is supposed to contribute for solving the problem of incongruence between descriptive nature of logic and normativity of reasoning. The paper discusses in detail John MacFarlane’s (2004) and Hartry Field’s (2009) variants of “bridge principle”. Taking both variants of bridge principles as its starting point, the paper proceeds arguing (...) that there is more than one logical formalism that can be normatively suitable for deductive reasoning, due to the fact that reasoning can assume different forms that are guided by different goals. A particular reasoning processing can be modelled by specific formalism that can be shown to be actually used by a real human agent in a real reasoning context. (shrink)

In this paper we shall concentrate on the issue of those ways of knowing in mathematics that have traditionally been taken to support apriorism. We shall do it by critizing pragmatic naturalism in the philosophy of mathematics, and in particular its historical approach in denying any role to apriority in mathematical epistemology. The version of pragmatic naturalism we shall be analyzing is Kitcher’s. In the paper we shall first set out a brief survey of the relevant features of Kitcher’s pragmatic (...) naturalism in the philosophy of mathematics and then indicate the points that provoke our disagreement.U ovome radu ćemo se koncentrirati na pitanje onih načina spoznaje u matematici za koje se tradicionalno smatralo da podržavaju apriorizam. To ćemo učiniti kritizirajući pragmatički naturalizam u filozofiji matematike, posebice njegov povijesni pristup u negiranju ikakve uloge apriorizma u matematičkoj epistemologiji. Verzija pragmatičkog naturalizma koju ćemo razmatrati je Kitcherova. U radu ćemo prvo iznijeti sažeti pregled relevantnih obilježja Kitcherovog pragmatičkog naturalizma u filozofiji matematike te potom naznačiti točke koje izazivaju naše neslaganje.Dans cet article, nous nous concentrerons sur la question des modes de la connaissance en mathématiques qui ont traditionnellement été considérés comme soutenant l’apriorisme. Nous le ferons en critiquant le naturalisme pragmatique dans la philosophie des mathématiques, notamment son approche historique de la négation de tout rôle de l’apriorité dans l’épistémologie mathématique. La version du naturalisme pragmatique que nous analyserons est celle de Philip Kitcher. Dans l’article, nous présenterons d’abord un court examen des aspects pertinents du naturalisme pragmatique de Philip Kitcher dans la philosophie des mathématiques, puis indiquerons les points qui suscitent notre désaccord.Im vorliegenden Paper konzentrieren wir uns auf die Problematik jener Wege der Erkenntnis innerhalb der Mathematik, denen traditionell Unterstützung des Apriorismus beigemessen wird. Wir verwirklichen dies, indem wir den pragmatischen Naturalismus in der Philosophie der Mathematik kritisieren, namentlich dessen historische Herangehensweise bei der Verneinung jeglicher Rolle der Apriorität in der mathematischen Epistemologie. Die Version des pragmatischen Naturalismus, der wir auf den Grund gehen, ist die von Kitcher. In der Abhandlung machen wir erstens einen Streifzug durch die relevanten Wesenszüge von Kitchers pragmatischem Naturalismus in der Philosophie der Mathematik und geben anschließend Anhaltspunkte an, die unseren Dissens hervorrufen. (shrink)

In traditional semantic theory the meaning of a word or operator (logical constant) is permeated with normativity. It is held that if one grasps the meaning of a word (or logical constant), one ought to behave in a certain way. This view is labelled as normativism here. Normativists hold that meaning is intrinsically and irreducibly normative. The naturalistic approach to semantics, on the other hand, which tries to reconcile the traditional approach to meaning with a naturalistic world-view, has to naturalise (...) the normative character ofmeaning. Naturalists employ several strategies of argumentation, two of which I deem to be particularly significant. These two strategies are exemplified by P. Horwich’s revisionistic and C. Peacocke’s reductionistic approaches. This paper elucidates and critiques the former. My criticism tries to show that Horwich’s theory does not offer a successful answer to the normativist challenge. (shrink)

Virtually all epistemologists agree that truth is a necessary condition for knowledge. Assuming that our three-dimensional world is nested within a higher-dimensional space, I use multidimensional geometry to present a type of case which undermines this fundamental principle of epistemology. I further argue that we would be unlikely to revise our epistemic practices in light of new discoveries even if our world turned out to be substantially different and many of our beliefs turned out to be false.

The contemporary global crisis can be explored in different perspectives. This text focuses on constitutionalism. It asks whether constitutionalism still matters. Responding to this question requires revisiting the basic analytical and normative concepts that shape individual autonomy, polity, law and democracy in the context of globalization. Part I of the article introduces the question of the crisis of constitutionalism. It briefly explores the dispute between proponents of state and post-state constitutionalism, and proceeds with an analysis of societal constitutionalism. The critical (...) reading of this theory prepares the ground for a positive normative argument. Part II of the article argues for the return to the moral core of constitutionalism. It defends the claim that justice at the global stage requires establishing a minimum common denominator that would be composed of universalizable substantive principles. The institutional question follows. Its focus should be on the authoritative identification, protection and advancement of the core values of constitutionalism in the social and legal-political realms of the world society. (shrink)

U ovom eseju autor ispituje jedan od mogucih puteva u postfilozofiju koja ne postoji.

Sake i ostali inkongruentni protivdelovi su dovoljni da odbacimo relacionizam, ili je bar tako mislio Kant, jos od nekih svojih prekritickih spisa. Argumenti sa inkongruentnim protivdelovima su elegantni i efektni, i privukli su prilicno veliku paznju kod odredjenog broja autora, koji su argumente kritikovali na razne nacine, ili ih branili. Rasprave su se pritom odaljile od originalnog Kantovog argumenta, i od duha tog vremena, i primila obelezja moderne filozofije i geometrije. U ovom tekstu bi trebalo da pokazem da Kant, kao (...) i oni koji su ga kasnije branili, nisu postigli svoj cilj - nije dat konkluzivan argument protiv relacionizma. (shrink)

The evolution of belt conveyors, as an important type of continuous conveying machinery, is examined here in a historical perspective. For this purpose, the selected period is from the ancient time, i.e. occurrence of conveying equipment, and up to the end of the nineteenth century. The basic postulation of a modern machine, including conveyors, is often interlinked to that of its ancestor, which may be simple and primitive. Ancient machines and principles of their work were the basis for later improvements (...) which also brought the inventions in engineering. For instance, Archimedes lifted water to high altitude with a screw, which was regarded as the ancestor of today’s screw conveyor and essentially his design has not changed since then. Bucket elevators also have their predecessors dating back to ancient times. In the concrete case of belt conveyors, a first trace can be found in the beginning of the seventeenth century, even classified as primitive example. During the Industrial Revolutions, various machines, such conveyors, appeared. The first modern-like belt conveyors are dedicated to the late eighteenth century due to the invention of Oliver Evans in USA and to the nineteenth century, by Lyster in England, Lopatine in Russia and Thomas Robins in USA. The technical solutions developed by the end of the nineteenth century were forerunners of the today’s belt conveyors, while the key operational principles have not changed. (shrink)

Xenophobia is one of the key drivers of marginalisation, discrimination, and conflict, yet many prominent machine learning fairness frameworks fail to comprehensively measure or mitigate the resulting xenophobic harms. Here we aim to bridge this conceptual gap and help facilitate safe and ethical design of artificial intelligence (AI) solutions. We ground our analysis of the impact of xenophobia by first identifying distinct types of xenophobic harms, and then applying this framework across a number of prominent AI application domains, reviewing the (...) potential interplay between AI and xenophobia on social media and recommendation systems, healthcare, immigration, employment, as well as biases in large pre-trained models. These help inform our recommendations towards an inclusive, xenophilic design of future AI systems. (shrink)

In my paper, I document a “travel” journey of concept formation and its concrete expression in law, which also constituted a literal travel journey across continents. Through poetic-hermeneutical approaches to language, guided by previously existing concepts stemming from experiences of the Holocaust, communism, and African-American feminist analyses of rape as an attack on a racial/ethnic group, a previously invisible domain of the human condition was charted. Throughout history, sexual atrocities have been committed within the context of wars, but their weaponisation (...) as acts of genocide remained unarticulated. This changed in the 1990s with Serbia-Yugoslavia’s genocidal wars against its neighbours (Editorial comment: The author uses the term Serbia-Yugoslavia to refer to the entity that succeeded the breakup of the Socialist Federal Republic of Yugoslavia after Croatia and Slovenia declared independence on June 25th, 1991. The SFRY up to that point consisted of the six republics Bosnia and Herzegovina, Croatia, Macedonia, Montenegro, Serbia (including the so-called autonomous regions of Kosovo and Vojvodina), and Slovenia. Further declarations of independence by Macedonia and Bosnia and Herzegovina on April 27, 1992, left only Serbia and Montenegro who the same day declared themselves to be the Federal Republic of Yugoslavia (FRY). In 2003, the Federal Republic of Yugoslavia was reconstituted as the State Union of Serbia and Montenegro, which existed until Montenegro and Serbia declared their independence (on June 3rd and June 5th, 2006, respectively)). I sketch the genesis of the concept of sexual atrocities as genocide in connection with my personal journey and how it guided legal prosecution of this “new” crime. My own travel-experience began with my association with Asja Armanda, and her discovery of coordinated mass rapes, when she came to the aid of survivors fleeing the Serbian attacks on Croatia, crimes she attempted to bring to international attention to prevent their expansion into Bosnia-Herzegovina and Kosovo. Testimonials reached me in the U.S. as well. I went to Croatia to join Armanda, where we named the crime “sexual atrocities as genocide.” On the basis of this new concept, we filed a lawsuit in New York against Bosnian Serb leader Radovan Karadžić, pioneering this crime’s recognition under international law. I conclude with philosophical questions that Putin’s similar genocidal attack on Ukraine raises today. (shrink)

Democracy is in serious difficulties. Three features of the crisis stand out. First is the dominant culture of disillusionment in democracy, which transpires as the mistrust in constitutionalist institutions and values. Second, political authority, both at domestic and international levels, is largely substituted by the rule of non-transparent and unpredictable social powers. Third, democratic states are deprived of much of their capacity to govern, but they retain a non-negligible capacity to coerce.The article is structured as follows. Section I introduces Karl (...) Polanyi’s concept of embeddedness and juxtaposes it to the theoretical defense of market disembeddedness advanced by the classical political economy. It then points to the challenge that the complexity of the contemporary society poses to the idea of embeddedness and identifies the need for further analytical clarification of the idea. Section II tries to explain why the idea of embeddedness is intuitively suspect. One reason is found in the domi... (shrink)

The subject of the book is responsibility for collective crime. Collective crime is an act committed by a significant number of the members of a group, in the name of all members of that group, with the support of the majority of group members, and against individuals targeted on the basis of their belonging to a different group.The central claim is that all members of the group in whose name collective crime is committed share responsibility for it. This book's special (...) interest is with analytical and normative defense of arguments that purport to explain reasons for, and the character of, responsibility of decent people. Those who did not intend, support, or committed wrong, are still accountable in a non-vicarious manner. The basis of their responsibility is the crime-specific relationship between group identity and personal identity. (shrink)

Autonomy, understood as self-rule, is almost routinely accepted as one of the core liberal concepts. Still, a closer view reveals that both the status and meaning of autonomy are controversial. The text departs from a short summary of the main theoretical disputes surrounding the concept. A critique of the standard internalist account is followed by an attempt to offer reasons for accepting a relational reading of autonomy. The central question of the text is context-specific. It asks about the possibility and (...) meaning of liberal autonomy in a society whose past is marked by mass regime-sponsored crimes. The background assumption is that mass crime leaves actors in heteronomous condition. At stake is reestablishing individual autonomies of two types of actors, whose group-specific identities have been created by crime: the ethical community of those who share collective identity with victims, and the ethical community of those who share collective identity with perpetrators. nema. (shrink)

In this article I ask how moral relativism applies to the analysis of responsibility for mass crime. The focus is on the critical reading of two influential relativist attempts to offer a theoretically consistent response to the challenges imposed by extreme criminal practices. First, I explore Gilbert Harman’s analytical effort to conceptualize the reach of moral discourse. According to Harman, mass crime creates a contextually specific relationship to which moral judgments do not apply any more. Second, I analyze the inability (...) thesis, which claims that the agents of mass crime are not able to distinguish between right and wrong. Richard Arneson, Michael Zimmerman and Geoffrey Scarre do not deny the moral wrongness of crime. However, having introduced the claim of authenticity as a specific feature of the inability thesis, they maintain that killers are not responsible. I argue that these positions do not hold. The relativist failure to properly conceptualize responsibility for mass crime follows from the mistaken view of moral autonomy, which then leads to the erroneous explanation of the establishment, authority and justification of moral judgments. (shrink)

Graham Priest has brilliantly analyzed Hegel's dialectics, as far as its logical and abstract ontological (metaphysical) structure goes, and has successfully related it to his own logically sophisticated dialethism. After briefly reminding the reader of his account, the paper turns to the other, not purely logical side of Hegel's dialectics, and points to his strategy of bringing together ontological, anthropological and historical matters together with the logical structure, in a manner quite foreign to analytic tradition. It concludes with the proposal (...) that Hegel's way of directly connecting logical ontological, anthropological and historical matters has played the crucial role in the birth of what later became known as specifically ``continental'' philosophy. The paper concludes by raising the question of the relation between the two, the abstract logico-ontological approach, favored by Priest, and the rich, anthropologically and historically informed one found in all major works of Hegel. (shrink)

The Concept of Intrinsic Evil and Catholic Theological Ethics examines the origin and meaning of the concept of intrinsic evil and its use in sexual ethics in the teachings of the Catholic Church, and in the construction of a systematic approach to theological ethics. It concludes with a suggestion of how the concept might be used in future ethical discourse.

In Equal Recognition, Alan Patten argues that in a proper relationship between normative political theory and democratic politics, we must make a clear distinction between two questions related to cultural rights: (a) authority (who should decide?) and (b) the substance of deliberation. The question he wants to explore, however, is not the authority question but the substantive question. The aim of this article is to show that an account of equal recognition cannot bracket out the democratic element. It argues, first, (...) that Equal Recognition does not live up to its initial promise, as it contains a number of reflections and recommendations (on language rights, on secession, on the rights of migrants’ cultures) that either explicitly or implicitly include the democratic element. Second, it points at other important areas of political decision-making – such as electoral system design, districting, referendums, quotas – in which it is quite clear that in order to extend equal recognition to minority cultures, we are obliged to take decisions related to the design of democratic institutions. (shrink)

“That a being should be born resembling in certain characters an ancestor removed by two or three, and in some cases by hundreds or even thousands of generations, is assuredly a wonderful fact. . . . If . . . we suppose . . . that many characters lie dormant in both parents during a long succession of generations, the foregoing facts are intelligible.” In October 2006, a group of fishermen working off the west coast of Japan, in the whaling (...) town of Taiji, found a bottlenose dolphin with an extra pair of flippers protruding at the back in the proximity of the tail. They might have guessed that it would become an immediate headline snatcher (Tabuchi 2006). What was less obvious at that moment was that their .. (shrink)

The paper discusses Lehrer's pioneering approach to the topic of wisdom. His pithy proposal, that wisdom is preference of merit justified by an evaluation system and undefeated by error, fits well within the grand philosophical tradition of thinking about wisdom, offering a very clear and original formulation of its target. The first part of the paper puts it on a map of philosophical options concerning wisdom (anthropo-, theo- and cosmo-centric ones) and then raises questions about it: does preference have to (...) motivate, what is the relation between factual and evaluative knowledge in the evaluation system, and how is the objectivity of merit secured? The second part briefly develops an alternative proposal inspired by Lehrer's work. It is a two-level picture. Wisdom combines the virtues of the first-order production of decision and action (reliability and practical validity) with second-order reflective endorsement of the first-order picture. The first-order production yields phronesis-generated action-guiding desires which constitute practical wisdom in the narrow sense, and the second level the more refined and sophisticated wisdom of philosophers and their kin. (shrink)

Many authors have argued that we should make a clear conceptual distinction between mononational and multinational states. Yet the number of empirical examples they refer to is rather limited. France or Germany are usually seen as mononational, whereas Belgium, Canada, Spain and the UK are considered multinational. How should we classify other cases? Here we can distinguish between (at least) two approaches in the literature: statistical (i.e., whether significant national minorities live within a larger state and, especially, whether they claim (...) self-government) and subjective (i.e., when citizens feel allegiance to sub-state national identities). Neither of them, however, helps us to resolve the problem. Is Italy multinational (because it contains a German-speaking minority)? Is Germany really mononational (in spite of the official recognition of the Danes and the Sorbs in some Länder)? On the other hand, is Switzerland the “most multinational country” (Kymlicka)? Let us assume that there is no definite answer to this dilemma and that it is all a matter of degree. There are probably few (if any) clearly mononational states and few (if any) clearly multinational states. Should we abandon this distinction in favour of other concepts like “plurinationalism” (Keating), “nations-within-nations” (Miller), “postnational state” (Abizadeh, Habermas), or “post-sovereign state” (MacCormick)? The article discusses these issues and, in conclusion, addresses the problem of stability and shared identity “plural” societies. (shrink)

International law has recently recognized that sexual atrocities can be acts of genocide. This precedent was pioneered through a landmark lawsuit in New York against Radovan Karadžić, head of the Bosnian Serbs (Kadic v. Karadzic, 1993–2000), a case in which I played a central role. I argue that we may situate this development philosophically in relation to Hannah Arendt’s Eichmann in Jerusalem: A Report on the Banality of Evil. She aims to secure a better understanding of genocide than was achieved (...) at the Nuremberg Trials (1945) and at the Eichmann trial (1961). Arendt claims that these trials were limited by formalism because they applied familiar paradigms onto these new experiences in a manner that obscured what was distinctive about them and that demanded original thinking and a new paradigm. Nuremberg obscured genocide by miscasting it as a traditional “war crime,” a problem that the Jerusalem court exposed butcould have better clarified. Through a first-hand account, I show how we too had to secure a new paradigm by treating the facts on their own terms and coining the crime as “genocidal rape.” We had to wrest this paradigm from a prevailing approach that also formally applied the category of “war crimes” onto these experiences in a way that obscured them and interfered with justice. (shrink)