Recent years have witnessed major developments in philosophical inquiry concerning the nature of law and, with the growth of transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stock of current debates on the nature of law and the aims and methods of legal philosophy.

The paper presents a renewed Habermasian view on transnational multi-stakeholder initiatives and assesses the institutional characteristics of the Equator Principles Association from a deliberative democracy perspective. Habermas’ work has been widely adopted in the academic literature on the political responsibilities of corporations, and also in assessing the democratic qualities of MSIs. Commentators, however, have noted that Habermas’ approach relies very much on ‘nation-state democracy’ and may not be applicable to democracy in MSIs—in which nation-states are virtually absent. We argue that (...) Habermas’ detailed conceptualization of the institutionalization of deliberative democracy can be applied to transnational MSIs if these initiatives can be said to have their own ‘dèmoi’ that can be represented in associational decision-making. Therefore, we develop a definition of the dèmos of an MSI based on the notion of collective agency. Subsequently, we explain how Habermas’ approach to democracy can be applied to MSIs and show that it has more to offer than hitherto has been uncovered. Our illustrative analysis of the EPA confirms the criticisms regarding this MSI which have recently been articulated by researchers and practitioners, but also yields new findings and possible avenues for the further development of the EPA: That is, although our assessment suggests that the EPA in its current state is still far from being a democratic MSI, the possibility of a sensible analysis of its democratic character indicates that transnational MSIs can, in principle, help to fill governance gaps in a democratic way. (shrink)

Pupils' humour aimed at teachers is all too often seen as baiting or misbehaviour. Suspecting that this was probably not the case, we took a sample. Looked at from the perspective of the intention behind the humour, it appears that pupils' humour directed at teachers makes a predominantly positive contribution to the relationship between pupil and teacher.

The community of Syi’a Islma’iliyya constitute the second largest Syi’i community after the Twelvers in the Muslim world. They live in more then twenty countries of Asia, Africa, Europe and America. Some of its community consider Aga Khan as their spiritual leader in this era.

A portfolio model was developed which can serve as an alternative to the literature study with practical processing, the predominant dissertation model used in teacher education courses in Flanders. Using a pre‐ and post‐test quasi‐experimental design with 174 teacher students and 44 supervisors, we examined whether the use of portfolio as a dissertation model has a greater effect on the students’ capacity for independent learning than the literature study with practical processing, using three questionnaires. The research shows that portfolio results (...) in students acquiring greater metacognitive knowledge. It also appears that students only get the chance to use their metacognitive skills when supervisors give them sufficient autonomy. However, supervisors experience loss of control and therefore tend to restrict students’ autonomy. This leads us to the paradox of independent learning: students will only learn independently when they are given the opportunity to learn independently. Supervisors need to transfer learner control. (shrink)

On the basis of ethnographic and historical material this article makes a comparative analysis of the relationship between public events, ceremonies and academic rituals, institutional identity, and processes of transition and power at two universities, one in Mexico and the other in South Africa. The public events examined here play a major role in imagining and bringing about political shifts within universities as well as between universities and external actors. It shows how decisive local histories and constituencies are in mediating (...) and transfiguring identity projects initiated from above. (shrink)

So cial re search is no lon ger fo cused on the “ob ject” of re al ity, but on and from an af fec tive space relationality in which the “ob jects” form part of the sig nif i cance and sym bol iza tion re la - tions of the sub jects that act inter-sub jec tively. In view of this co-existencial t..

Two cases from the UK are discussed to explore why, in the author's terms, women wilfully disempower themselves in religion and spiritual contexts. A case study of a women's prayer group shows how they resist acknowledging their own power or the idea that they are engaging in informal ritual equally important to their male counterparts. Second, qualitative data from a large study of people's beliefs are used to show how women willingly submit to a higher male power through a process (...) of self-denigration. It is argued that the women are making rational, strategic choices in an increasingly secular and patriarchal world. (shrink)

On the basis of ethnographic and historical material this article makes a comparative analysis of the relationship between public events, ceremonies and academic rituals, institutional identity, and processes of transition and power at two universities, one in Mexico and the other in South Africa. The public events examined here play a major role in imagining and bringing about political shifts within universities as well as between universities and external actors. It shows how decisive local histories and constituencies are in mediating (...) and transfiguring identity projects initiated from above. (shrink)

Illative combinatory logic consists of the theory of combinators or lambda calculus extended by extra constants (and corresponding axioms and rules) intended to capture inference. The paper considers 4 systems of illative combinatory logic that are sound for first-order propositional and predicate calculus. The interpretation from ordinary logic into the illative systems can be done in two ways: following the propositions-as-types paradigm, in which derivations become combinators, or in a more direct way, in which derivations are not translated. Both translations (...) are closely related in a canonical way. In a preceding paper, Barendregt, Bunder and Dekkers, 1993, we proved completeness of the two direct translations. In the present paper we prove completeness of the two indirect translations by showing that the corresponding illative systems are conservative over the two systems for the direct translations. In another version, DBB (1997), we shall give a more direct completeness proof. These papers fulfill the program of Church and Curry to base logic on a consistent system of $\lambda$ -terms or combinators. Hitherto this program had failed because systems of ICL were either too weak (to provide a sound interpretation) or too strong (sometimes even inconsistent). (shrink)

In the whole theory of the Latin tenses there is no more popular item than this explanation by Roby of the use of the pluperfect indicative in unreal conditional sentences. Far the most familiar instance is that in Horace , ‘me truncus illapsus cerebro sustulerat, nisi Faunus ictum dextra leuasset.’.

Illative combinatory logic consists of the theory of combinators or lambda calculus extended by extra constants (and corresponding axioms and rules) intended to capture inference. In a preceding paper, [2], we considered 4 systems of illative combinatory logic that are sound for first order intuitionistic propositional and predicate logic. The interpretation from ordinary logic into the illative systems can be done in two ways: following the propositions-as-types paradigm, in which derivations become combinators, or in a more direct way, in which (...) derivations are not translated. Both translations are closely related in a canonical way. In the cited paper we proved completeness of the two direct translations. In the present paper we prove that also the two indirect translations are complete. These proofs are direct whereas in another version, [3], we proved completeness by showing that the two corresponding illative systems are conservative over the two systems for the direct translations. Moreover we shall prove that one of the systems is also complete for predicate calculus with higher type functions. (shrink)

The extent of a company’s responsibility for the criminal conduct of its employees, as far as such a concept is legally recognised at all, differs between jurisdictions. There has been a shift in r...

This paper is an exploration of the concept equal value as it applies to pay equity. Following a brief discussion of several standard objections to pay equity legislation, the paper considers a number of different criteria which are employed in determining equal value or worth. Two in particular are isolated for extended discussion: the desert and the contribution criteria. The paper concludes with a major concern about the phrase equal value to the employer. This concern becomes pressing once the desert (...) and contribution criteria are distinguished. (shrink)

This book assembles leading legal, political, and moral philosophers to examine the legacy of the work of Ronald Dworkin. They provide the most comprehensive critical treatment of Dworkin's accomplishments focusing on his work in all branches of philosophy, including his theory of value, political philosophy, philosophy of international law, and legal philosophy. The book's organizing principle and theme reflect Dworkin's self-conception as a builder of a unified theory of value, and the broad outlines of his system can be found throughout (...) the book. The first section addresses the most abstract and general aspect of Dworkin's work--the unity of value thesis. The second section explores Dworkin's contributions to political philosophy, and discusses a number of political concepts including authority, civil disobedience, the legitimacy of states and the international legal system, distributive justice, collective responsibility, and Dworkin's master value of dignity and the associated values of equal concern and respect. The third section addresses various aspects of Dworkin's general theory of law. The fourth and final section comprises accounts of the structure and defining values of discrete areas of law. (shrink)

Illative combinatory logic consists of the theory of combinators or lambda calculus extended by extra constants intended to capture inference. In a preceding paper, [2], we considered 4 systems of illative combinatory logic that are sound for first order intuitionistic propositional and predicate logic. The interpretation from ordinary logic into the illative systems can be done in two ways: following the propositions-as-types paradigm, in which derivations become combinators, or in a more direct way, in which derivations are not translated. Both (...) translations are closely related in a canonical way. In the cited paper we proved completeness of the two direct translations. In the present paper we prove that also the two indirect translations are complete. These proofs are direct whereas in another version, [3], we proved completeness by showing that the two corresponding illative systems are conservative over the two systems for the direct translations. Moreover we shall prove that one of the systems is also complete for predicate calculus with higher type functions. (shrink)

.This paper explores the ambiguous notion of bodily integrity, focusing on male and female circumcision. In the empirical part of the study we describe and analyse the various meanings that are given to the notion of bodily integrity by people in their daily lives. In the philosophical part we distinguish between a person-oriented and a body-oriented approach and between four levels of interpretation, i.e. bodily integrity conceived of as a biological wholeness, an experiential wholeness, an intact wholeness, and as an (...) inviolable wholeness. We argue that bodily integrity is a prima facie principle in its own right, closely connected with, but still fundamentally different from, the principle of personal autonomy, that is, autonomy over the body. (shrink)

The French feminist philosopher Michèle Le Doeuff has taught us something about “the collectivity,” which she discovers in women’s struggle for access to the philosophical, but also about “the unknown” and “the unthought.” It is the unthought which will matter most to what I intend to say today about a fundamental ignorance on which speaker vulnerability is built. On International Women’s Day, it seems appropriate to speak about – or, at least, to evoke – the silencing which has been imposed (...) on women by an oppressive form of ignorance. My question is: how do our resounding voices as women – on 8 March 2016 – avoid what feminist philosophers have distinguished as wilful forms of silencing? Silencing exploits vulnerability; and speaker vulnerability is an exposure either to violence or affection, in its dependence on an audience. My response seeks to undo the silencing of women by transforming an ignorance of vulnerability into a distinctively ethical avowal. To see the significance of this undoing, we will consider how our contemporary global world reduces vulnerability to an openness to violence, ignoring what has been unthought: an openness to affection. A wilful ignorance of vulnerability develops not as a lack of knowledge but its disavowal – on which various forms of oppression are built. An active disavowal of thinking is the other side of a striving for invulnerability; and this striving is encouraged by a social world which remains ignorant of its own wounding, as well as its own potential for ethical relations in vulnerability. Like la mauvaise foi of the French existentialist, invulnerability is a form of self-deception; and those who claim it embrace ignorance of their own and others’ vulnerability too. (shrink)