The article deals with the concept of the court’s fault in the action for damages against a state suffered due to infringement of European Union law. The author searches for the right position of the criterion in the system of the conditions of state liability and discusses whether European Union law establishes a uniform standard of fault, or at least the guidance on the application of the criterion that would enable uniform national judicial practices concerning state liability for the infringements (...) attributable to the courts of last instance. The article also analyses national legal regulation and jurisprudence of several Member States such as France, Belgium and Italy, providing the definitions of different forms of fault and (or) examples of their practical implementation. (shrink)

L'approche historique des films souffre en France d'une double myopie : soit on sauve selon des critères cinéphiliques hérités de la « politique des auteurs » quelques chefs-d'œuvre qui transcendent leur époque ; soit on évalue les films selon des critères politiques ou idéologiques exogènes, comme « reflets » des débats de l'heure. Nous avons tenté d'élaborer des hypothèses à partir de ce dont parlent la plupart des films de fiction en France : les relations entre les hommes et les (...) fe... (shrink)

L'approche historique des films souffre en France d'une double myopie : soit on sauve selon des critères cinéphiliques hérités de la « politique des auteurs » quelques chefs-d'œuvre qui transcendent leur époque ; soit on évalue les films selon des critères politiques ou idéologiques exogènes, comme « reflets » des débats de l'heure. Nous avons tenté d'élaborer des hypothèses à partir de ce dont parlent la plupart des films de fiction en France : les relations entre les hommes et les (...) fe... (shrink)

O presente texto não pretende ser um artigo analítico sobre Bourdieu mas um ensaio escrito da perspectiva de uma cientista política sobre as possibilidades abertas pela teoria desenvolvida pelo sociólogo francês para o estudo dos fenômenos da política. Com este propósito trabalharei com as noções de campo e capitais.

Trata-se de relato de experiência sobre a rede de atençao psicossocial com populaçoes vulneraveis, populaçoes de imigrantes africanos e estrangeiros em geral que vivem no contexto francês através do Centro de Acolhimento a Refugiados. A reflexao busca estabelecer um eixo de consideraçao sobre a realidade do nordeste brasileiro com as perspectivas da epistemologia da Terapia Comunitaria criada pelo professor e médico psiquiatra Adalberto Barreto, e consideraçoes da pedagogia de Paulo Freire a fim de exercer o cuidado em saude mental para (...) pessoas expostas a extremas violências de ordem étnica, cultural, psiquica, econômica, social e moral. O relato revela que os conhecimentos e experiência brasileira estao sendo aprofundados e desenvolvidos por profissionais da saude mental no contexto francês através da clinica da antropologia médica, junto ao Polo de Pesquisa Médica Psicologica Associaçao Minkoviska em Paris com apoio do Ministerio da Saude da França. (shrink)

Les deux auteurs qui nous ont déjà donné en 1996, sur un sujet similaire, La Drôle de guerre des sexes du cinéma français : 1930-1956 (dont Brigitte Rollet a rendu compte dans Clio HFS, n°7) se livrent là à un exercice difficile qui représente un vrai tour de force : faire en 128 pages un bilan des approches genrées dans les études cinématographiques, une étude comparée entre la France et les États-Unis et une mise au point sur des films tournés (...) des années 1930 au plus contemporain. Ce bilan... (shrink)

Dernier ouvrage en date de l'excellente série dirigée par Michel Marie de l'Université de Paris III, le livre de Noël Burch et de Geneviève Sellier marque à bien des égards un moment important dans la recherche sur le cinéma en France. Bien que le cinéma de cette période trouble et troublée de l'histoire contemporaine ait déjà été traitée par d'autres (voir Jacques Siclier et François Garçon par exemple), l'approche méthodologique adoptée par les auteurs renouvelle radicalement le disc..

Dernier ouvrage en date de l'excellente série dirigée par Michel Marie de l'Université de Paris III, le livre de Noël Burch et de Geneviève Sellier marque à bien des égards un moment important dans la recherche sur le cinéma en France. Bien que le cinéma de cette période trouble et troublée de l'histoire contemporaine ait déjà été traitée par d'autres (voir Jacques Siclier et François Garçon par exemple), l'approche méthodologique adoptée par les auteurs renouvelle radicalement le disc...

L’ouvrage de Delphine Chedaleux, tiré d’une thèse soutenue en 2011, présente bien des attraits. Son auteure propose de revisiter le cinéma des « années noires » à la croisée des stars studies et des études sur les rapports sociaux de genre. Dans le sillage de Noël Burch et de Geneviève Sellier (La Drôle de guerre des sexes du cinéma français, Nathan, 1996), l’auteure exhume des films populaires, délégitimés par la culture dominante, qu’elle érige en observatoires des imaginaires sociaux de (...) la... (shrink)

In Intricate Ethics, Kamm questions the moral importance of some non-consequentialist distinctions and then introduces and argues for the moral importance of ...

Among the cognitive capacities of evolved creatures is the capacity to represent. Theories in cognitive neuroscience typically explain our manifest representational capacities by positing internal representations, but there is little agreement about how these representations function, especially with the relatively recent proliferation of connectionist, dynamical, embodied, and enactive approaches to cognition. In this talk I sketch an account of the nature and function of representation in cognitive neuroscience that couples a realist construal of representational vehicles with a pragmatic account of (...) mental content. I call the resulting package a deflationary account of mental representation and I argue that it avoids the problems that afflict competing accounts. (shrink)

Much of computational cognitive science construes human cognitive capacities as representational capacities, or as involving representation in some way. Computational theories of vision, for example, typically posit structures that represent edges in the distal scene. Neurons are often said to represent elements of their receptive fields. Despite the ubiquity of representational talk in computational theorizing there is surprisingly little consensus about how such claims are to be understood. The point of this chapter is to sketch an account of the nature (...) and function of representation in computational cognitive models. (shrink)

A common kind of explanation in cognitive neuroscience might be called functiontheoretic: with some target cognitive capacity in view, the theorist hypothesizes that the system computes a well-defined function (in the mathematical sense) and explains how computing this function constitutes (in the system’s normal environment) the exercise of the cognitive capacity. Recently, proponents of the so-called ‘new mechanist’ approach in philosophy of science have argued that a model of a cognitive capacity is explanatory only to the extent that it reveals (...) the causal structure of the mechanism underlying the capacity. If they are right, then a cognitive model that resists a transparent mapping to known neural mechanisms fails to be explanatory. I argue that a functiontheoretic characterization of a cognitive capacity can be genuinely explanatory even absent an account of how the capacity is realized in neural hardware. (shrink)

In epistemology the nagging voice of the sceptic has always been present, whispering that 'You can't know that you have hands, or just about anything else, because for all you know your whole life is a dream.' Philosophers have recently devised ingenious ways to argue against and silence this voice, but Bryan Frances now presents a highly original argument template for generating new kinds of radical scepticism, ones that hold even if all the clever anti-sceptical fixes defeat the traditional (...) sceptic. Sharp, witty, and fun to read, Scepticism Comes Alive will be highly provocative for anyone interested in knowledge and its limits. (shrink)

This paper presents results found through searching publicly available U.S. data sources for information about how to handle incidental fndings (IF) in human subjects research, especially in genetics and genomics research, neuroimaging research, and CT colonography research. We searched the Web sites of 14 federal agencies, 22 professional societies, and 100 universities, as well as used the search engine Google for actual consent forms that had been posted on the Internet. Our analysis of these documents showed that there is very (...) little public guidance available for researchers as to how to deal with incidental fndings. Moreover, the guidance available is not consistent. (shrink)

When is industry self-regulation (ISR) a legitimate form of governance? In principle, ISR can serve the interests of participating companies, regulators and other stakeholders. However, in practice, empirical evidence shows that ISR schemes often under-perform, leading to criticism that such schemes are tantamount to firms marking their own homework. In response, this paper explains how current management theory on ISR has failed to separate the pragmatic legitimacy of ISR based on self-interested calculations, from moral legitimacy based on normative approval. The (...) paper traces three families of management theory on ISR and uses these to map the pragmatic and moral legitimacy of ISR schemes. It identifies tensions between the pragmatic and moral legitimacy of ISR schemes, which the current ISR literature does not address, and draws implications for the future theory and practice of ISR. (shrink)

Morality, Mortality as a whole deals with certain aspects of ethical theory and with moral problems that arise primarily in contexts involving life‐and‐death decisions. The importance of the theoretical issues is not limited to their relevance to these decisions; however, they are, rather, issues at the heart of basic moral and political theory. This first volume comprises three parts. Part I, Death: From Bad to Worse, has with four chapters, and an appendix, discussing death and why it is bad for (...) the person who dies. Part II, Saving Lives: General Issues, has six chapters, and explores a cluster of moral problems that arise in saving lives. The general question raised is whether we should always, in aiding life, act so as to save the greater number of lives or to produce the greatest amount of good. Part III, Scarce Resources: Theoretical Issues, Specific Recommendations, and Organ Transplants, has five chapters, and deals with the problem of the acquisition and distribution of organs for transplantation. It allows us to apply the theoretical discussion of saving lives and relevant/irrelevant utilities presented in the previous parts. However, the discussion can be understood independently of the first two parts, and the conceptual issues and procedures on which it focuses are relevant to dealing with any scarce resource, including money and time, which are needed to use other plentiful resources. Although the book contains much theoretical and methodological argument, it is firmly grounded in practical ethical issues, and is illustrated throughout by examples. (shrink)

What personal truths reside in biological ties that are absent in adoptive ties? And why do we think adoptive and biological ties are essentially different when it comes to understanding who we are? At a time when interest in DNA and ancestry is exploding, Frances Latchford questions the idea that knowing one's bio-genealogy is integral to personal identity or a sense of family and belonging. Upending our established values and beliefs about what makes a family, Steeped in Blood examines (...) the social and political devaluation of adoptive ties. It takes readers on an intellectual journey through accepted wisdom about adoption, twins, kinship, and incest, and challenges our naturalistic and individualistic assumptions about identity and the biological ties that bind us, sometimes violently, to our families. Latchford exposes how our desire for bio-genealogical knowledge, understood as it is by family and adoption experts, pathologizes adoptees by posing the biological tie as a necessary condition for normal identity formation. Rejecting the idea that a love of the self-same is fundamental to family bonds, her book is a reaction to the wounds families suffer whenever they dare to revel in their difference. A rejoinder to rhetoric that defines adoptees, adoptive kin, and their family intimacies as inferior and inauthentic, Steeped in Blood's view through the lens of critical adoption studies decentres our cultural obsession with the biological family imaginary and makes real the possibility of being family in the absence of blood. (shrink)

Frances Tustin's classic text _Autistic States in Children_ put forward convincing clinical evidence that some forms of childhood autism are psychogenic and respond to methods of treatment very different from the behavioural techniques often adopted without success. Her pioneering work with such children has gained ground since the book was first published and she herself has revised her understanding of the aetiology of psychogenic autism. This revised edition of the book incorporates her new thinking based on recent infant observational (...) studies and her own clinical experience. (shrink)

This volume continues the examination of issues of life and death which F.M. Kamm began in Morality, Mortality, Volume I. Kamm continues her development of a non-consequentialist ethical theory and its application to practical ethical problems. She looks at the distinction between killing and letting die, and between intending and foreseeing, and also at the concepts of rights, prerogatives, and supererogation. She shows that a sophisticated non-consequentialist theory can be modelled which copes convincingly with practical ethical issues, and throws considerable (...) light on some of the key distinctions and concepts of ethical discourse. (shrink)

This article examines arguments concerning enhancement of human persons recently presented by Michael Sandel (2004). In the first section, I briefly describe some of his arguments. In section two, I consider whether, as Sandel claims, the desire for mastery motivates enhancement and whether such a desire could be grounds for its impermissibility. Section three considers how Sandel draws the distinction between treatment and enhancement, and the relation to nature that he thinks each expresses. The fourth section examines Sandel's views about (...) parent/child relations and also how enhancement would affect distributive justice and the duty to aid. In conclusion, I briefly offer an alternative suggestion as to why enhancement may be troubling and consider what we could safely enhance. (shrink)

Businesses promote their environmental awareness through green buildings, eco-labels, sustainability reports, industry pledges and clean technologies. When are these symbols wasteful corporate spin, and when do they signal authentic environmental improvements? Based on twenty years of research, three rich case studies, a strong theoretical model and a range of practical applications, this book provides the first systematic analysis of the drivers and consequences of symbolic corporate environmentalism. It addresses the indirect cost of companies' symbolic actions and develops a new concept (...) of the 'social energy penalty' - the cost to society when powerful corporate actors limit the social conversation on environmental problems and their solutions. This thoughtful book develops a set of tools for researchers, regulators and managers to separate useful environmental information from empty corporate spin, and will appeal to researchers and students of corporate responsibility, corporate environmental strategy and sustainable business, as well as environmental practitioners. (shrink)

The Trolley Problem Mysteries considers whether who turns the trolley and/or how it is turned affect the moral permissibility of acting and suggests general proposals for when we may and may not harm some people to help others.

Researchers in the health sciences regularly discover information of potential health importance unrelated to their object of study in the course of their research. However, there appears to be little guidance available on what researchers should do with this information, known in the scientific literature as incidental findings. The study described here was designed to determine the extent of guidance available to researchers from public sources. This empirical study was part of a larger two-year project funded by the National Human (...) Genome Research Institute to generate guidance on how incidental findings should be managed in human subjects research, especially genetics, genomics, and imaging research. We generated empirical analysis of publicly available guidance and consent forms to help guide a multidisciplinary Working Group of experts in their formulation of normative recommendations reported in this symposium. (shrink)

In their important paper “Autonomous Agents”, Floridi and Sanders use “levels of abstraction” to argue that computers are or may soon be moral agents. In this paper we use the same levels of abstraction to illuminate differences between human moral agents and computers. In their paper, Floridi and Sanders contributed definitions of autonomy, moral accountability and responsibility, but they have not explored deeply some essential questions that need to be answered by computer scientists who design artificial agents. One such question (...) is, “Can an artificial agent that changes its own programming become so autonomous that the original designer is no longer responsible for the behavior of the artificial agent?” To explore this question, we distinguish between LoA1 (the user view) and LoA2 (the designer view) by exploring the concepts of unmodifiable, modifiable and fully modifiable tables that control artificial agents. We demonstrate that an agent with an unmodifiable table, when viewed at LoA2, distinguishes an artificial agent from a human one. This distinction supports our first counter-claim to Floridi and Sanders, namely, that such an agent is not a moral agent, and the designer bears full responsibility for its behavior. We also demonstrate that even if there is an artificial agent with a fully modifiable table capable of learning* and intentionality* that meets the conditions set by Floridi and Sanders for ascribing moral agency to an artificial agent, the designer retains strong moral responsibility. (shrink)

Infallibilism is the view that a belief cannot be at once warranted and false. In this essay we assess three nonpartisan arguments for infallibilism, arguments that do not depend on a prior commitment to some substantive theory of warrant. Three premises, one from each argument, are most significant: if a belief can be at once warranted and false, then the Gettier Problem cannot be solved; if a belief can be at once warranted and false, then its warrant can be transferred (...) to an accidentally true belief; if a belief can be at once warranted and false, then it can be warranted and accidentally true. We argue that each of these is either false or no more plausible than its denial. Along the way, we offer a solution to the Gettier Problem that is compatible with fallibilism. (shrink)

Regardless of who you are or how you live your life, you disagree with millions of people on an enormous number of topics from politics, religion and morality to sport, culture and art. Unless you are delusional, you are aware that a great many of the people who disagree with you are just as smart and thoughtful as you are - in fact, you know that often they are smarter and more informed. But believing someone to be cleverer or more (...) knowledgeable about a particular topic usually won’t change your mind. Should it? This book is devoted to exploring this quandary - what should we do when we encounter disagreement, particularly when we believe someone is more of an authority on a subject than we are? The question is of enormous importance, both in the public arena and in our personal lives. Disagreement over marriages, beliefs, friendships and more causes immense personal strife. People with political power disagree about how to spend enormous amounts of money, about what laws to pass, or about wars to fight. If only we were better able to resolve our disagreements, we would probably save millions of lives and prevent millions of others from living in poverty. The first full-length text-book on this philosophical topic, Disagreement provides students with the tools they need to understand the burgeoning academic literature and its perspectives. Including case studies, sample questions and chapter summaries, this engaging and accessible book is the perfect starting point for students and anyone interested in thinking about the possibilities and problems of this fundamental philosophical debate. (shrink)

Based on a non-consequentialist ethical theory, this book critically examines the prevalent view that if a fetus has the moral standing of a person, it has a right to life and abortion is impermissible. Most discussion of abortion has assumed that this view is correct, and so has focused on the question of the personhood of the fetus. Kamm begins by considering in detail the permissibility of killing in non-abortion cases which are similar to abortion cases. She goes on to (...) consider the case for the permissibility of abortion in many types of pregnancies, including ones resulting from rape, voluntary pregnancy, and pregnancy resulting from a voluntary sex act, even if the fetus is considered a person. This argument emerges as part of a broader theory of creating new people responsibly. Kamm explores the implications of this argument for informed consent to abortion; responsibilities in pregnancy that is not aborted, and the significance of extra-uterine gestation devices for the permissibility of abortion. (shrink)

As software developers design artificial agents , they often have to wrestle with complex issues, issues that have philosophical and ethical importance. This paper addresses two key questions at the intersection of philosophy and technology: What is deception? And when is it permissible for the developer of a computer artifact to be deceptive in the artifact’s development? While exploring these questions from the perspective of a software developer, we examine the relationship of deception and trust. Are developers using deception to (...) gain our trust? Is trust generated through technological “enchantment” warranted? Next, we investigate more complex questions of how deception that involves AAs differs from deception that only involves humans. Finally, we analyze the role and responsibility of developers in trust situations that involve both humans and AAs. (shrink)

A common kind of explanation in cognitive neuroscience might be called functiontheoretic: with some target cognitive capacity in view, the theorist hypothesizes that the system computes a well-defined function (in the mathematical sense) and explains how computing this function constitutes (in the system’s normal environment) the exercise of the cognitive capacity. Recently, proponents of the so-called ‘new mechanist’ approach in philosophy of science have argued that a model of a cognitive capacity is explanatory only to the extent that it reveals (...) the causal structure of the mechanism underlying the capacity. If they are right, then a cognitive model that resists a transparent mapping to known neural mechanisms fails to be explanatory. I argue that a functiontheoretic characterization of a cognitive capacity can be genuinely explanatory even absent an account of how the capacity is realized in neural hardware. (shrink)

This is a short essay that presents what I take to be the main questions regarding the epistemology of disagreement.

This paper compares two theories of the firm used to interpret firms’ corporate social strategies in order to derive new insights and questions in this research area. Researchers from many branches of strategic management agree that firms can strategically allocate resources in order to achieve both long-term social objectives and competitive advantage. However, despite some progress in investigating corporate social strategy, studies rely on fundamentally diverging theoretical approaches. This paper will identify, compare and begin to integrate two competing theories of (...) the firm implicit in corporate social strategy scholarship: the resource-based and behavioural theories of the firm. I discuss the implications of these two theories for both researchers and practitioners on key debates within corporate social strategy, and conclude by suggesting several fruitful avenues for future research based on the emerging integration of these two theories of the firm within the strategy literature. (shrink)