The theory of document acts is an extension of the more traditional theory of speech acts advanced by Austin and Searle. It is designed to do justice to the ways in which documents can be used to bring about a variety of effects in virtue of the fact that, where speech is evanescent, documents are continuant entities. This means that documents can be preserved in such a way that they can be inspected and modified at successive points (...) in time and grouped together into enduring document complexes. We outline some components of a theory of document acts, and show how it can throw light on certain problems in Searle’s ontology of social reality. (shrink)

This paper is an attempt to stage some questions concerning methodology and education, inspired by Ophelia in Shakespeare's Hamlet and by Jacques Derrida's poetic philosophical oeuvres. What are at stake are the long traditions of preferences of sanity over madness, friend over enemy, male over female and of clean, unambiguous univocal language over the poetic. I will argue that educators will have an extra responsibility towards challenging the ancient tradition of phallogocentrism, both in our teaching and in our research.

As is well known, speech acts such as acts of promising can have ontological consequences. For example an act of promising can give rise to a mutually correlated claim and obligation. Increasingly, speech acts in the narrow sense are being augmented by the use of documents of multiple different sorts. In this paper we analyze the results of this augmenta-tion from the ontological point of view, considering especially the domains of law and com-merce. We show how (...) class='Hi'>document acts are not isolated phenomena, but rather form large and complex systems with other entities, including occurrent entities such as acts of signing and inspecting, as well as speech acts for example of instructing people to sign or complete a doc-ument. The paper concludes with a consideration of some of the special problems associated with the use of digital documents, for example as concerns issues of security and provenance. (shrink)

Background: Since the passage of the Patient Self-Determination Act, numerous policy mandates and institutional measures have been implemented. It is unknown to what extent those measures have affected end-of-life care, particularly with regard to the do-not-resuscitate order.Methods: Retrospective cohort study to assess associations of the frequency and timing of DNR orders with advance directive status, patient demographics, physician’s specialty and extent of documentation of discussion on end-of-life care.Results: DNR orders were more frequent for patients on a medical service than on (...) a surgical service and were made earlier in the hospital stay for medicine than for surgical patients . 22.18% of all patients had some form of an advance directive in their chart, yet this variable had no impact on the frequency or timing of DNR ordering. Documentation of DNR discussion was significantly associated with the frequency of DNR orders and the time from DNR to death .Conclusions: The physician’s specialty continues to have a significant impact on the frequency and timing of DNR orders, while advance directive status still has no measurable impact. Additionally, documentation of end-of-life discussions is significantly associated with varying DNR ordering rates and timing. (shrink)

There are two important ways in which, when dealing with documents, we go beyond the boundaries of linear text. First, by incorporating diagrams into documents, and second, by creating complexes of intermeshed documents which may be extended in space and evolve and grow through time. The thesis of this paper is that such aggregations of documents are today indispensable to practically all complex human achievements from law and finance to orchestral performance and organized warfare. Documents provide for what we can (...) think of as a division of intellectual, instructional, and deontic labour, allowing plans, orders, and obligations to be enmeshed together in a way that often involves the use of diagrammatic elements, as for example in a musical score. (shrink)

We provide an overview of Searle's contributions to speech act theory and the ontology of social reality, focusing on his theory of constitutive rules. In early versions of this theory, Searle proposed that all such rules have the form 'X counts as Y in context C' formula – as for example when Barack Obama (X) counts as President of the United States (Y) in the context of US political affairs. Crucially, the X and the Y terms are here identical. A (...) problem arises for this theory for cases involving 'free-standing Y terms', as for example in the case of money in a computerized bank account. Here there is no physical X to which a status function might be attached. We conclude by arguing that Searle's response to this problem creates difficulties for his naturalistic framework. (shrink)

Memory, as is well known, makes up a large part of our identity (even though the criterion of this “identity” is controversial). Documents – understood as inscriptions – make up our external memory in a peculiar way: they constitute both a stable anchor and a reference-point for our personal transformations over time. There is, however, also an internal memory, residing in our brain. This is based in part on external documentation; but it is of course not exclusively tied thereto. Rather (...) it evolves dynamically over time, in part reflecting ethical debates which we carry on within ourselves and which is influenced also by emotional factors, for example as we try to erase memories that are unpleasant. If, for example, the internal memory of some offense against our person is erased, then the motivation to testify against those who offended against us no longer exists or is greatly reduced, and this is so even though the documents that record the offense remain. Our motivations here depend on the emotional factor in our memories; once this has been lost, even though the autobiographical, episodic memory still remains, then the value-significance of the event fades from our view, and with it the impulse to act. Emotions are in large part responsible for creating a bond with documents; they make it possible for our internal and external memories to have significance. There must be some degree of emotional resonance in inscriptions relating to events in the past, which arises out of our own experience of these events and from our memory of these experiences, for these inscriptions to have significance in our lives. Documents are thus fundamental. But for ourselves and for our social lives, they must be supplemented by internal memories. (shrink)

In societies with a non-elementary degree of complexity, we find institutions, social roles, promises, marriages, corporations, enterprises, and the large variety of what we can label “social objects”. On the one hand, we commonly speak and think of such entities as if they existed on a par with entities such as tables and persons. On the other hand, there is a clear link between what people think and how people behave and the social domain. We argue that the widespread “reductionist” (...) approach in social ontology fails to account for both those aspects of social reality, and put forward a new approach. The main idea is that a particular kind of social objects, namely documents – and more generally records of social acts – are the ground of social reality. The fundamental difference from the reductionist approach is that the content of collective intentions will turn out to be not so important in accounting for the ontological variety of complex social realities such as ours. (shrink)

This essay is a contribution to social ontology, drawing on the work of John Searle and of Hernando de Soto. At the center of the argument is the proposition advanced by de Soto in his Mystery of Capital to the effect that many of the entities which structure our contemporary social reality are entities which exist in virtue of the fact that there are (paper or digital) documents which support their existence. I here develop de Soto’s argument further, focusing specifically (...) on the ontological problems raised by a family of new types of social phenomena – exemplified most dramatically in the domain of finance for example in the form of what are called ‘structured investment vehicles’ – made possible as a result of the employment of computer technology in entity creation. I address also Searle’s most recent work on social ontology, and conclude with an appendix on the theory of documentality advanced by Maurizio Ferraris. (shrink)

This essay provides an overview of the prescriptions advanced by the Han-era Documents classic, since it was indisputably the Documents that served as the chief guide to political philosophy in the early empires for members of the elite with the requisite high cultural learning. It presents the authoritative pronouncements of the Documents on a number of key issues, such as, Who has the legitimacy to rule? How shall the good ruler and his officials act to retain legitimacy? What is the (...) best form of government? How are punishments to be applied? How are taxes and tribute, domestic and foreign policy, to be administered? It prescribes actions to further the virtues of foresightedness, compassion, and fairness. (shrink)

In this paper, we present a method for introducing law students to the writing of legal documents. The method uses a machine-readable representation of the legal knowledge to support document assembly and to help the students to understand how the assembly is performed. The knowledge base consists of enacted legislation, document templates, and assembly instructions. We propose a system called LEDAS (LEgal Document Assembly System) for the interactive assembly of legal documents. It guides users through the assembly (...) process and provides explanations of the interconnection between input data and claims stated in the document. The system acts as a platform for practicing drafting skills and has great potential as an education tool. It allows teachers to configure the system for the assembly of some particular type of legal document and then enables students to draft the documents by investigating which information is relevant for these documents and how the input data shape the final document. The generated legal document is complemented by a graphical representation of legal arguments expressed in the document. The system is based on existing legal standards to facilitate its introduction in the legal domain. Applicability of the system in the education of future lawyers is positively evaluated by the group of law students and their TA. (shrink)

I am interested in the epistemological status of «project(ion)», that is, the «act» or «strategy» of project(ion) in relation to various didactic protocols usually associated with an «author» and her intention or production. What is a plan, program, plot, platform, concept, conception, or even «meta-project»? Is a project or projection necessarily an «architectural matter»? Is it a prototypically Western or European procedure of specific use of time and space (literally, throwing forth into space/time)? I will attempt to explain some passages (...) from Eisenman, Cacciari, as well as a theory recently put forth by Armando and Durbiano (Teoria del progetto architettonico). (shrink)

Trouvant son origine dans un workshop organisé par Robert Brisart à l?Université de Luxembourg le 12 juin 2009, ce recueil de textes reflète, avant toutes choses, la volonté des contributeurs de mettre sur le tapis certaines questions philosophiques devenues, au fil de discussions animées, des sujets de préoccupations communes et récurrentes. En un sens ou dans un autre, l?expérience et l?empirisme en forment l?enjeu principal. Plus spécialement, la question était de savoir en quel sens et à quelles conditions la perception (...) peut être dite intentionnelle, comment l?expérience, au-delà des simples affects sensoriels, représente . Dans cette optique, l?espoir de l?éditeur est que les cinq essais présen­tés ici contribueront sensiblement, par l?analyse conceptuelle et histo­rique mais aussi par des prises de position nouvelles, à clarifier et à affiner un certain nombre de distinctions qui sont au centre de débats nourris dans la philosophie d?aujourd?hui, en particulier la distinction entre contenu senso­riel et acte intentionnel, la distinction entre concept et percept, celle entre le donné et le construit. Les auteurs et l?éditeur dédient les travaux qui suivent à la mémoire du professeur Paul Gochet, disparu le 21 juin dernier alors que le présent numéro était en préparation. Puisse-t-il trouver ici un hommage à son admirable ?uvre scientifique et à sa bienveillance sans failles. Sommaire. Présentation. (shrink)

Despite the recent advances in information and communication technology that have increased our ability to store and circulate information, the task of ensuring that the right sorts of information gets to the right sorts of people remains. We argue that the many efforts underway to develop efficient means for sharing information across healthcare systems and organizations would benefit from a careful analysis of human action in healthcare organizations. This in turn requires that the management of information and knowledge within healthcare (...) organizations be combined with models of resources and processes of patient care that are based on a general ontology of social interaction. The Health Level 7 (HL7) is one of several ANSI-accredited Standards Developing Organizations operating in the healthcare arena. HL7 has advanced a widely used messaging standard that enables healthcare applications to exchange clinical and administrative data in digital form. HL7 focuses on the interface requirements of the entire healthcare system and not exclusively on the requirements of one area of healthcare such as pharmacy, medical devices, imaging or insurance transactions. This has inspired the development of a powerful abstract model of patient care called the Reference Information Model (RIM). The present paper begins with an overview of the core classes of the HL7 (Version 3) RIM and a brief discussion of its “actcentered” view of healthcare. Central to this account is what is called the life cycle of events. A clinical action may progress from defined, through planned and ordered, to executed. These modalities of an action are represented as the mood of the act. We then outline the basis of an ontology of organizations, starting from the theory of speech Acts, and apply this ontology to the HL7 RIM. Special attention is given to the sorts of preconditions that must be satisfied for the successful performance of a speech act and to the sorts of entities to which speech acts give rise (e.g. obligations, claims, commitments, etc.). Finally we draw conclusions for the efficient communication and management of medical information and knowledge within and between healthcare organizations, paying special attention to the role that medical documents play in such organizations. (shrink)

Historically, recordkeeping has been an essential task for health professionals. Today, this mandatory task increasingly takes place as digital documentation. This study critically examines problem constructions in practical documents on digital documentation strategies in Danish municipal healthcare and how these problem constructions imply particular solutions. A document analysis based on the approach presented in Bacchi's “What's the problem represented to be?” was applied. Forty practical documents in the form of guidelines, strategies, and quality control documents were included. The analysis (...) uncovered three problem representations: lack of coherence between health services in a complex healthcare system, lack of assessable data for management and political prioritization, and inefficiency in the healthcare system. The proposed solution is a digitalized and standardized practice that transforms recordkeeping in the municipalities. However, municipal healthcare is at risk of being fragmented due to digital documentation's focus on the organizational management of health with task‐oriented practices supplied by an anonymous health professional. We find that digital documentation functions as an organizational micromanagement approach that assigns the health professional a subject position as an employee acting according to the organization's framework rather than the profession's normative framework. (shrink)

This article addresses the problem of automatically extracting legal indices which express the important contents of legal documents. Legal indices are not limited to single-word keywords and compound-word keywords, they are also clause keywords. We approach index extraction using structural information of Japanese sentences, i.e. chunks and clauses. Based on the assumption that legal indices are composed of important tokens from the documents, extracting legal indices is treated as a problem of collecting chunks and clauses that contain as many important (...) tokens as possible. Each token is assigned a weight which is a statistical score, e.g. TF–IDF and Okapi BM25, to indicate its importance. The importance of a chunk or clause is determined based on the average weight of tokens included in that chunk or clause. Then, highly weighted chunks and clauses are recognized as the indices for legal documents. The experimental results on Japanese National Pension Act data show that our proposed method achieves better performance than TextRank, the most popular unsupervised method in extracting single-word and compound-word keywords. In addition, this approach is also applicable to extract clause keywords with high performance. (shrink)

Despite recent efforts by the Artificial Intelligence (AI) community to move towards standardised procedures for documenting models, methods, systems or datasets, there is currently no methodology focused on use cases aligned with the risk-based approach of the European AI Act (AI Act). In this paper, we propose a new framework for the documentation of use cases that we call use case cards, based on the use case modelling included in the Unified Markup Language (UML) standard. Unlike other documentation methodologies, we (...) focus on the intended purpose and operational use of an AI system. It consists of two main parts: firstly, a UML-based template, tailored to allow implicitly assessing the risk level of the AI system and defining relevant requirements, and secondly, a supporting UML diagram designed to provide information about the system-user interactions and relationships. The proposed framework is the result of a co-design process involving a relevant team of EU policy experts and scientists. We have validated our proposal with 11 experts with different backgrounds and a reasonable knowledge of the AI Act as a prerequisite. We provide the 5 use case cards used in the co-design and validation process. Use case cards allows framing and contextualising use cases in an effective way, and we hope this methodology can be a useful tool for policy makers and providers for documenting use cases, assessing the risk level, adapting the different requirements and building a catalogue of existing usages of AI. (shrink)

Une inscription découverte près de l'agora d'Amathonte présente de multiples intérêts. Elle mentionne au moins quatre groupes de 30 lots de terre chacun, des noms de lieux-dits de la campagne environnante, qui ont laissé des traces dans la toponymie contemporaine, et des anthroponymes. Une étude comparative montre qu'il s''agit de la revente de lots clérouchiques attribués, sans doute après 153 av.n.è., par Ptolémée VI à ses marins ou soldats (le triakontorion et la triakas ont un équipage ou un effectif de (...) trente hommes), qui s'étaient opposés victorieusement à une attaque de l'île par son frère, Ptolémée VIII Physcon. La revente, acte politique grave et exceptionnel, a sans doute été le fruit de la vengeance de Ptolémée VIII, qui accède au pouvoir sur l'île et à Alexandrie en 145, après la mort de son frère. La numérotation des lots, exceptionnelle elle aussi, suppose l'archivage, sans doute dans un temple, non seulement des registres habituels, mais aussi d'un document cadastral graphique, qui préfigure, mieux que les cadastres romains à abscisses et ordonnées, nos cadastres modernes. (shrink)

In vitro fertilization (IVF) and surrogacy have enabled many to achieve their dreams of parenthood. With a turnover of $500 million, reproductive tourism in India has helped transform the country into a “global baby factory.” However, as the surrogacy industry grew, so did concerns of women’s exploitation, commodification of motherhood, and human rights violations. In an effort to prevent women from being exploited, the Indian government had taken successive administrative measures to regulate surrogacy. The Surrogacy (Regulation) Bill, 2016 and Assisted (...) Reproductive Technologies Bill 2008 were introduced in the Parliament to regulate various aspects of surrogacy arrangements. Yet, it was not until 25 January 2022, that the Surrogacy (Regulation) Act, 2021 went into effect. The Act does, however, leave certain important points unaddressed. The article claims that the legislation’s purposeful exclusion of the LGBTQ population and emphasis on “familial altruism” stinks of inequity and moral conservatism. It also delineates the mechanics of altruistic surrogacy by examining documents that illustrate how the connections between money and morality are framed via the framing of altruism. The article therefore demands that a comprehensive dialogue must be held considering the socio-economic realities of Indian society, or else India risks enacting yet another law that cannot be implemented or that society dislikes. (shrink)

The following work represents the extension of a debate that began in July of 2009. The authors felt it useful to commit to document their exchanges, and questions for one another, over the issues of building the Left project in the international context, where are the subjects to be found for alternative political projects, how are we to interpret the Iranian protest movement, and whether it is possible to resuscitate Marxism for our age.

Legislation that authorises controversial organ procurement strategies but ignores respect for autonomy is flawed in principle and predictably unworkable in practiceThe UK Human Tissue Act 2004,1 designed to regulate all activity involving human tissue, organs, or bodies, was introduced in the House of Commons in December 2003, received Royal Assent on 15 November 2004,2 and has been partially implemented by Commencement Orders from April 2005. The new act, which repeals and replaces the Human Tissue Act 1961, the Anatomy Act 1984, (...) and the Human Organ Transplants Act 1989, has its origins in events of serious public concern, namely the retained organs scandals at Bristol Royal Infirmary3 and the Royal Liverpool Childrens’ Hospital.4 The act is correspondingly dominated by regulation of postmortem examinations and retention of human tissue, with consistent emphasis on the need for fully informed consent. Compliance with these requirements is now mandatory with the threat of up to three years’ imprisonment and/or fines for any deviation.The impact of the original proposals within the bill on research and the clinical practice of pathology have been carefully considered and documented,5 with subsequent amendments to ameliorate professional concerns.6 The act, however, also carries significant implications for medical practice in areas where donor recruitment for transplantation can take place, and representations on these aspects during readings of the bill7 have produced neither clarification, justification, nor amendment within the final legislation.Section 43 will make it lawful for hospital authorities “to take steps for the purpose of preserving the part for use for transplantation and to retain the body for that purpose”. The original explanatory notes for the bill8 while it proceeded through parliament implied that such action, prior to consent to transplantation being sought, was then lawful, clause 44 as section 43 …. (shrink)

The article focuses on the analysis of curriculum documents from Taiwan to investigate how benchmarks for learning nature of science are positioned in different versions of the science curricula. Following a review of different approaches to the conceptualization of NOS and the role of NOS in promoting scientific literacy, an empirical study is reported to illustrate how the science curriculum documents represent different aspects of NOS. The article uses the family resemblance approach as the account of NOS and adapts it (...) for analysis of the curriculum documents. The FRA defines NOS as cognitive-epistemic and social-institutional systems that serve as constructs of knowledge categories with a high level of interconnectedness. The FRA was used as an analytical tool for investigating two sets of Taiwanese curriculum guidelines published 10 years apart, providing an opportunity to discuss how NOS is addressed in the curriculum reforms. The findings show a shift away from the excessive centralization of the cognitive-epistemic system to a consideration of the social-institutional system. Modifications to the benchmarks are proposed in order to achieve a more holistic and progressive approach to NOS. The article contributes to studies on NOS in science education by illustrating how the FRA can act as a tool for exploring interconnectedness of NOS ideas in the curriculum. (shrink)

The book presents the outcomes of an innovative research programme in the history of science and implements a Text Act Theory which extends Speech Act Theory, in order to illustrate a new approach to texts and textual communicative acts. It examines assertives (absolute or conditional statements, forecasts, insurance, etc.), directives, declarations and enumerations, as well as different types of textual units allowing authors to perform these acts: algorithms, recipes, prescriptions, lexical templates for terminological studies and enumerative structures. The (...) book relies on the study of a broad range of documents of the past dealing with various domains: mathematics, zoology, medicine, lexicography. The documents examined come from scholarly sources from different parts of the world, such as China, Europe, India, Mesopotamia and are written in a variety of European languages as well as Chinese, Cuneiform and Sanskrit. This approach proves fruitful in both history of science and Text Act Theory. (shrink)

The enemy must fear us. When this is over, there will be much more fear in the world. […] Give the government an ultimatum. Say, “This was just the trailer. Just wait till you see the rest of the film.”The overhanging statement – which draws attention to troubling links interconnecting action cinema and acts of terrorism – is delivered towards the end of Dan Reed’s Terror in Mumbai, an insightful documentary that unfolds a balanced enquiry into the November 2008 (...) massacre by the South Asian terrorist organization Lashkar-e-Tayyaba. The film weaves hours of phone intercepts between a Pakistani handler and Lashkar-e-Tayyaba agents into a collage of recovered CCTV footage, live... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:just Men and Just Acts in Plato's Republic JEROME SCHILLER I. Introduction Too MUCHhas already been written about Plato's Republic. But this, strangely enough, is why a little more needs to be written. For the book has been worked over so often that an obvious sign of fatigue has set in: critics are beginning to find such elementary flaws in the Republic that one wonders why he should (...) waste time on such a philosophically embarrassing work at all. It is to counter one of these recent criticisms and thus, hopefully, to help offset the fatigue, that this study is written. It purports not only to show the criticism mistaken, but also to sketch a way of looking at the Republic which should send the reader back for a further look at this incredibly rich work. The richness of the Republic is, indeed, a source of embarrassment for anyone writing on it. For because of its structure it is at least misleading to isolate one topic from the myriad others treated there, and because of its complexity, impossible to document interpretations of more than a few topics. I shall follow the time-honored practices here of merely expressing my bias on some topics (such as my non-political interpretation) and leaving it up to the reader to follow up hints of my interpretations of other topics (such as that of the Sun, Line, and Cave). II. Plato's Alleged Fallacy in the Republic David Sachs and A. W. H. Adkins have recently claimed that Plato commits the fallacy of equivocation in the Republic, not in the course of some minor argument, but in answering what is probably the central problem posed by the work: Why be just?1 Simply put, their objection goes like this: In the first book of the Republic, Socrates attempts to prove to Thrasymachus why justice is preferable to injustice. But even Socrates is dissatisfied with this answer and early in the second book, after a brilliantly fashioned defense of the Thrasymachean position by Glaucon and Adeimantus, the brothers ask for a more convincing demonstration from "You, [who have] passed your entire life in the consideration of this very matter." e Socrates seems to accept the challenge and proceeds to a search for the concept of justice writ large in the state. Now, claim Adkins and Sachs, Plato never does answer Glaucon's and AdeiDavid Sachs, A Fallacy in Plato s Republic, Philosophical Review, LX(XII (1963),141158 ;A. W. H. Adkins, Merit and Responsibility, A Study in Greek Values (Oxford,1960),p. 289. Adkins,in developingapolitical interpretation ofthe Republic, doesnot elaborate the criticism as does Sachs; hence I refer in this study primarily to the latter's article. sPlato, Republic 376e 2-3,trans. P. Shorey (2 vols.; Cambridge, Mass.: Loeb Classical Library, 1937-42).All subsequent quotations are from this translation. [1] HISTORY OF PHILOSOPHY mantus' request. For though he does eventually purport to show that justice is preferable to injustice, the justice he attempts to prove this of is not at all the same justice that Glaucon and Adeimantus have in mind. Plato has simply equivocated on the term "iustice," meaning at one time the set of acts generally considered just,s but at another time a certain order in the individual's soul. He has purported to show that an individual with a well-ordered soul reaps advantages, but unless he can show a clear relation between this "Platonic" notion of justice and the "vulgar" notion of justice, the notion which Cephalus, Polemarchus, Thrasymachus, Glaucon and Adeimantus have in mind, he will not have answered the brothers' question, and will thus have avoided the central problem of the Republic. The relation he has to establish is, Sachs claims, that Platonic justice is a necessary and a sufficient condition for vulgar justice. Then he could argue that since he has shown that a man reaps advantages just to the extent that he is Platonically just, (1) a vulgarly unjust individual will not reap more advantages than a vulgarly just one (on the grounds that Platonic justice entails vulgar justice), and (2) a vulgarly just man will reap more advantages than a vulgarly... (shrink)

When government officials can look you in the eye and invoke the Federal Freedom of Information Act, they know full well that they have donned a cloak of invisibility. They are saying, in effect, "You can't touch me," and they are calculating that you will get the message and go away. Worse yet, they are putting a premium on "access" journalism—they are elevating the importance of access, of authorized leaks, of journalists currying favor with the right government officials to get (...) information and to get information quickly, when they are on deadline and they need answers. Simply put, if journalists cannot rely on being able to go to source documents in a reasonably fast way, they are in a terribly weakened position when it comes to actually dealing day-in and day-out with high government officials. (shrink)

The paper focuses on the notion of disability in the documents of selected international organisations. The social model approach to disability has been implemented since the second half of the 20th century and consequently such terms as ‘invalid’, ‘madman’, ‘dumb’, ‘cripple’, ‘paralytic’, ‘the lame’ or ‘the blind’ were removed from the literature, legal acts, or documents of international organisations. Notions like ‘disability’, ‘disabled person’, or ‘a person with disability’ are considered ‘politically correct’ now. It is worth highlighting however that (...) great emphasis is put to replace the term ‘a disabled person’ with the term ‘a person with a disability or disabilities” as the latter notion does not refer to the person’s characteristics with one adjective only, hence it does not stigmatize him/her either. The trend is reflected in the terminology used in the documents and acts introduced at the international level. Nevertheless, there are still a lot of difficulties with translation into other languages, which is also the Polish case. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:just Men and Just Acts in Plato's Republic JEROME SCHILLER I. Introduction Too MUCHhas already been written about Plato's Republic. But this, strangely enough, is why a little more needs to be written. For the book has been worked over so often that an obvious sign of fatigue has set in: critics are beginning to find such elementary flaws in the Republic that one wonders why he should (...) waste time on such a philosophically embarrassing work at all. It is to counter one of these recent criticisms and thus, hopefully, to help offset the fatigue, that this study is written. It purports not only to show the criticism mistaken, but also to sketch a way of looking at the Republic which should send the reader back for a further look at this incredibly rich work. The richness of the Republic is, indeed, a source of embarrassment for anyone writing on it. For because of its structure it is at least misleading to isolate one topic from the myriad others treated there, and because of its complexity, impossible to document interpretations of more than a few topics. I shall follow the time-honored practices here of merely expressing my bias on some topics (such as my non-political interpretation) and leaving it up to the reader to follow up hints of my interpretations of other topics (such as that of the Sun, Line, and Cave). II. Plato's Alleged Fallacy in the Republic David Sachs and A. W. H. Adkins have recently claimed that Plato commits the fallacy of equivocation in the Republic, not in the course of some minor argument, but in answering what is probably the central problem posed by the work: Why be just?1 Simply put, their objection goes like this: In the first book of the Republic, Socrates attempts to prove to Thrasymachus why justice is preferable to injustice. But even Socrates is dissatisfied with this answer and early in the second book, after a brilliantly fashioned defense of the Thrasymachean position by Glaucon and Adeimantus, the brothers ask for a more convincing demonstration from "You, [who have] passed your entire life in the consideration of this very matter." e Socrates seems to accept the challenge and proceeds to a search for the concept of justice writ large in the state. Now, claim Adkins and Sachs, Plato never does answer Glaucon's and AdeiDavid Sachs, A Fallacy in Plato s Republic, Philosophical Review, LX(XII (1963),141158 ;A. W. H. Adkins, Merit and Responsibility, A Study in Greek Values (Oxford,1960),p. 289. Adkins,in developingapolitical interpretation ofthe Republic, doesnot elaborate the criticism as does Sachs; hence I refer in this study primarily to the latter's article. sPlato, Republic 376e 2-3,trans. P. Shorey (2 vols.; Cambridge, Mass.: Loeb Classical Library, 1937-42).All subsequent quotations are from this translation. [1] HISTORY OF PHILOSOPHY mantus' request. For though he does eventually purport to show that justice is preferable to injustice, the justice he attempts to prove this of is not at all the same justice that Glaucon and Adeimantus have in mind. Plato has simply equivocated on the term "iustice," meaning at one time the set of acts generally considered just,s but at another time a certain order in the individual's soul. He has purported to show that an individual with a well-ordered soul reaps advantages, but unless he can show a clear relation between this "Platonic" notion of justice and the "vulgar" notion of justice, the notion which Cephalus, Polemarchus, Thrasymachus, Glaucon and Adeimantus have in mind, he will not have answered the brothers' question, and will thus have avoided the central problem of the Republic. The relation he has to establish is, Sachs claims, that Platonic justice is a necessary and a sufficient condition for vulgar justice. Then he could argue that since he has shown that a man reaps advantages just to the extent that he is Platonically just, (1) a vulgarly unjust individual will not reap more advantages than a vulgarly just one (on the grounds that Platonic justice entails vulgar justice), and (2) a vulgarly just man will reap more advantages than a vulgarly... (shrink)

AGAINST THE BACKGROUND OF VARIOUS EUROPEAN LEGISLATIVE INITIAtlves dealing with medical-ethical decisions at the end of life and an introduction on the Belgian "Act on Euthanasia," in the first part of this essay I present a concise comparison between the Belgian law and the provisions of Dutch legislation. In the second part of the essay I aim at a better understanding of the Belgian legislation by documenting two opportunities that might have enhanced the outcome by addressing the complexity of end-of-life (...) decisions and the proper position of palliative care. I offer some preliminary conclusions in light of the implementation of the law in Catholic institutions as well as its first official evaluation. (shrink)

La langue latine du Moyen Age inclut dans sa substance même une réflexion sur le temps : langue du passé pourtant toujours présente, langue apprise sans être langue morte, et de ce fait inlassablement réinventée, au gré de leurs besoins, de leurs compétences ou de leurs aspirations, par ceux qui en usent, elle fournit le paradigme du rapport entre l'écoulement temporel et l'immutabilité de l'idéal. Dès lors, le thème du "sens du temps" a semblé aux organisateurs du VIIe Congrès du (...) Comité International de Latin médiéval, qui s'est tenu à Lyon du 10 au 13 septembre 2014, propre à favoriser le dialogue entre spécialistes de grammaire et d'historiographie, de philosophie et de poésie, d'histoire des sciences et de théologie, tous aptes à alimenter une réflexion sur le sujet à partir des documents les plus divers. C'est ce souci d'interdisciplinarité qu'entend refléter ici un large choix de communications présentées à l'occasion du Congrès. (shrink)

This article examines the temporal politics of the 2017 California Gender Recognition Act (CGRA). The author first offers a brief history of the dominant temporal requirements for “gender recognition” in prior legislation around sex/gender markers on identity documents in the United States and United Kingdom, focusing on how this legislation places temporal boundaries around legitimate gender identity. Then, turning directly to the CGRA, the author asks to what extent the act's emphasis on self-identification revises or intervenes in these prior conceptualizations (...) of time and identity by the state administration of sex/gender systems. The article closes with an exploration of the temporality of identity documentation itself, speculating about how this legislation might be placed more directly into conversation with the role of time in colonial and racial state building. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Art as a Political Act:Expression of Cultural Identity, Self-Identity, and Gender by Suk Nam Yun and Yong Soon MinHwa Young Choi Caruso (bio)IntroductionA number of artists of color, including Asian American women, are creating art from the basis of their lived experiences. Within minority groups searching for their cultural identity, establishing self-identity is an important process. For various psychological and sociological reasons, artists seem inspired to seek deeper meaning (...) and a broader participation in cultural work.1 Asian American women artists, in particular, are currently making art as a means of exploring self-identity, cultural identity, and gender issues. Korean/Korean American minority women artists are creating art as a reaction to their cultural upbringing, which questions issues of identity, gender, ethnicity, politics, cultural, and socioeconomic status. These contemporary artists are breaking away from traditional cultural expectations and overcoming social barriers as artists, women, and Koreans/Korean Americans. With the growing public awareness of women's consciousness and sense of self as women in Korea and as an ethnic minority in America, these artists are redefining their identity. Despite the traditional patriarchal Confucian hierarchy; lack of social, institutional, and political support; and stereotypic gender, cultural, and socioeconomic status expectations for women, a few have stepped out of their traditional roles as women and have become successful artists in Korea and America.The artworks of these artists are worthy of investigation because they appear to be a culturally, socially, and politically motivated artistic expression of the complex multifaceted Korean/Korean American life experiences as women and as Korean immigrant members of a cultural (ethnic) minority in American society. Therefore, two main research questions can be posed: [End Page 71]• Given that art can be constructed out of layers of different experiences and influences, to what extent do the dimensions of cultural identity, self-identity, and gender interweave and contribute to the function of art as a political act for Korean/Korean American women artists?• How do Korean/Korean American cultural, social, and female experiences influence the artistic expression of Korean/Korean American women artists?In order to answer these questions, I selected case study methodology2 and adapted elements of interpretive biography,3 and narrative approaches as developed by Wallace and Gruber.4 According to Denzin,5 interpretive biography involves the collection and analysis of personal experiences, life documents, stories, accounts, and narratives that describe turning-point moments in individuals' lives. Denzin argues that personal experiences and personal stories are derived from a larger cultural, ideological, and historical context. The intent of the biographical project is to problematize the social, economic, cultural, structural, and historical forces that shape, distort, and otherwise alter lived experiences.By using narrative case study methods, I explore elements of self-identity formation, cultural identity, gender issues, personal thoughts, artistic expression, meaning of artworks, professional achievement, and life circumstances. I examine each participant's life in the Korean and American historical, cultural, social, and political environments. I interpret participants' outer lives (what they do) and inner lives (feelings, thoughts, inner self) to capture their deep, profound life experiences. I examine salient themes of their art expression and how the role of art and artistic activity is a part of political, cultural, social, and feminist activism. I further investigate their professional activities in order to identify the multiple roles that contribute to personal and professional identity formation.For the purpose of this study, I selected the contemporary Korean woman artist Suk Nam Yun and the contemporary Korean American woman artist Yong Soon Min as primary participants. These two women artists, despite many social and cultural barriers, chose to become artists; feminists; and social, cultural, and political activists; in addition to fulfilling traditional Korean family and domestic roles. Yun and Min are regarded as the leading contemporary Korean/Korean American women artists whose artworks deal with issues of cultural, social, feminist, political, and hybrid identity and art as political activism.Lippard acknowledges that visual images play an increasingly important role in society.6 Art that connects everyday experience with social critique and creative expression becomes a vital means of reflecting upon the nature of society and social existence.7 Artworks can function as... (shrink)

Amanda works in a library, and a patron asks for her help in learning about duty-to- rescue laws in China. She throws herself into the task, spending hours on retrieving documents from governmental and non-governmental sources, getting electronic translations, looking for literature on Scandinavian duty-to-rescue laws that mention Chinese laws for comparison, and so on. Why? She likes to gain this sort of general knowledge of the world; perhaps the reason she works so hard is that she is learning fascinating (...) facts in doing so. She is also a proud librarian; perhaps the reason she works so hard is that a patron needs her assistance. She is a library employee; perhaps her reason for working so hard is that this sort of effort is noted by her employer and gives her career a boost, or perhaps it is just that doing this sort of work is the condition of her continued employment. Perhaps the reason is that the patron is charming. (shrink)

This book dispels popular understandings of Buddhism as a religion that emphasizes the renunciation of worldly goods, by examining how Buddhist temples and the monastic community (the sangha) require tangible resources in order to sustain themselves. The first book to focus on the material and financial relations of contemporary Buddhist monks, nuns, temples, and laypeople, it shows that rather than being peripheral, economic exchanges are often central to the relations between Buddhist monastics and laity, and are a key topic of (...) religious debate. Based on long-term ethnographic fieldwork from India over Russia to Japan, and including all three major Buddhist traditions, the book focuses on the flows of goods and services between clergy and laity, the management of resources, the treatment of cash, and the role of the state in temple economies. Along with documenting ritual and economic practices, these accounts engage with the anxieties and challenges facing Buddhist societies in the contemporary era and dispel the romantic notion of the Buddhist monk. (shrink)

There is an internal connection between ecclesiology, the teaching about the Church that we call academic ecclesiology, and mission, which is the inner heart of the Church and becomes visible through different practices. For the Orthodox Church involved in the ecumenical movement, there is a struggle to balance ecclesiology (theology) with ecumenical mission and dialogue (practice) in a divided Christian world. Nevertheless, the recent Synod of Crete (June 2016) addressed some important elements of this struggle. I have in mind, for (...) example, the act to accept the historical name of other non-Orthodox Christian Churches and Confessions that are not in communion with it. Also, this is the first Synod of the Orthodox Churches in modern times at which ecumenical dialogue, especially in the World Council of Churches, is officially affirmed. Because of mission dialogue has to continue, “if we wish never to ‘put an obstacle in the way of the gospel of Christ’ (1 Cor 9:12).” The present paper highlights those statements of the Holy and Great Council which have direct relevance for discussing the relation of ecclesiology and mission. I assert that we should understand firstly the document Relations of the Orthodox Church with the Rest of the of the Christian World and only then reflect upon The Mission of the Orthodox Church in Today’s World (MOCT). Furthermore, I will make some references to the other texts which were central for this conference: The Cape Town Commitment (CTC), Together Towards Life (TTL) and Apostolic Exhortation Evangelii Gaudium (EG). I conclude by exposing briefly my reflections after reading these mission documents and by formulating some agenda points for further work in theology of mission. (shrink)

The OpenNotes (ON) mandate in the 21st Century Cures Act requires that patients or their legally authorized representatives be able to access their medical information in their electronic medical record (EMR) in real time. Ethics notes fall under the domain of this policy. We argue that ethics notes are unique from other clinical documentation in a number of ways: they lack best-practice guidelines, are written in the context of common misconceptions surrounding the purpose of ethics consultation, and often answer questions (...) of a different nature than other documentation. Thus, we believe the clinical ethics community would benefit from clarification on when the withholding of ethics notes is justified. We provide recommendations for excluding information from ethics documentation based on the likelihood and magnitude of harm that may occur with particular disclosures and suggest approaches to decrease the potential harms that may occur. We define and explain six types of reasons to exclude information from ethics notes based on significant harms that are not addressed in the ON policy: (1) harmful revelations from a protected chart note; (2) negative emotional effects on patients or families; (3) the purpose of the consultation is undermined by harmful consequences; (4) avoidable negative impact on interpersonal dynamics; (5) inappropriate labeling or disclosure of medical, social, or financial information; and (6) inclusion of biasing or otherwise unfair information. We also suggest approaches to mitigate harm when excluding, including, reframing, or delaying release of information that is perceived to be relevant to an ethics case. Overall, we hope our analysis and recommendations will initiate a much-needed discussion about the impact of the ON mandate on clinical ethics documentation. (shrink)

In the annals of Indian modernity, narratives of tricksters and counterfeiters have a long, popular, and cautionary history. The topographies of deception outlined by colonial and post-colonial police reports established both its history as an aspect of modern industrial life as well as the city as the ‘scene of the crime’. This article explores the meanings that attach to certain contemporary acts of deceiving and faking, and the ways in which they are both produced by being in the city (...) as well as producing certain kinds of relationships. The article focuses on the residents of a Delhi slum and their various acts of producing fake identity cards and a variety of other documents. It offers a discussion about simulation and dissimulation, feigning and duplicity, and passing and pretending as significant contexts for gaining security of livelihood and residence in the city as well as constituting specific senses of community. Faking and counterfeiting, the article suggests, are arenas where the state both constitutes itself and contributes to the making of imagined non-state sensibilities of community. (shrink)

This contribution is derived from a more extensive 2018 PhD study in which the contested nature of the discourses on reconciliation is explored. It provides a conceptual analysis of how reconciliation is understood in the Kairos Document. Regarded as an outstanding example of a theological response to the problem of apartheid, what is often overlooked is the tension implicit in its approach which, in turn, has serious implications for how matters of social justice are understood and acted upon. Here, (...) the need for political, economic and cultural liberation is emphasised. It is assumed that social justice can only follow upon liberation, and that reconciliation is only possible on the basis of following justice. In this contribution, I contend that those who take this approach are confronted with the danger of self-secularisation, of reducing the Christian confession to nothing more than an example of religious affiliation that may be tolerated as long as its particular claims are not foregrounded. The obvious danger, as may be the case with the Kairos Document, is one of being socially relevant without having anything distinct to offer. This, in turn, has serious implications for how its history and significance are approached pedagogically. (shrink)

The paper examines the constitutive rule of the Documentality (object = written act), its explanatory power, and the role that writing and relations play in it. The social object is explained as a hybrid object, of higher order, consisting of heterogeneous parts; its identity is determined, amongst other things, by the relations it entertains with other entities. In the second part, after criticizing Searle’s notion of collective intentionality, which fails to explain conflict situations, the article focuses on some political implications (...) of social ontology, examining the role of immigrants sans papiers. (shrink)

Informed consent forms have been useful in clinical practice and they constitute a part of the shared decision making in the informed consent process. They provide information to patients about clinical procedures and techniques. They also act as a remainder of the information discussed after the medical interview. Sometimes these documents are not readable to everybody. Belgian law specifies that all information that patients receive has to be proportionate verbally, but written information is also handled. The present research analyzes the (...) readability of the Flemish informed consent forms located in the webs of all General Hospitals using a simple random sample of 75 informed consent forms. By using the Douma tool, which bases its analysis in the length of words and sentences, the readability mean of the sample was 46, level “Difficult”. The 59% of them had a difficult level. The 11% were normal. It is a fact, then, that the 59% of the informed consent forms evaluated in this study are not suitable for everybody in Flanders, especially those people with low literacy. There were some researches made in other countries that agreed with these results. Written clinical information was poorly written so the informed consent forms were not working helping patients to recall information nor helping patients to become a part in the shared decision making about their health. The use of readability formulas represented a simple way to discriminate those informed consent forms that had normal readability scores from those that should be adapted. (shrink)

In this study, we examine investor and firm response to the California Transparency in Supply Chains Act of 2010. The CTSCA requires large retail and manufacturing firms to disclose efforts to eradicate slavery and human trafficking from their supply chains and is a rare example of mandated corporate social responsibility disclosure. Based on a sample of 105 retail companies subject to the CTSCA, we find a significant negative market reaction to the passing of the CTSCA. Furthermore, we find that the (...) reaction is significantly more negative for larger firms and companies facing greater supply chain risks, suggesting that investors place a negative value on exposure to legitimacy threats in the social domain. With respect to company disclosure response, we document relatively high compliance with the legislation, although we also find that the disclosure response appeared to be more symbolic than substantive in nature. Finally, our analysis indicates that both disclosure choice and disclosure extensiveness were significantly higher for the high-supply chain risk companies, suggesting that the response was influenced by concerns with strategic legitimation. Overall, the limited quality of disclosure suggests that, without additional rules and guidance, mandates alone may not lead to meaningful social disclosure. (shrink)

The principle that physicians should always act in the best interests of the present patient is widely endorsed. At the same time, and often within the same document, it is recognised that there are appropriate exceptions to this principle. Unfortunately, little, if any, guidance is provided regarding which exceptions are appropriate and how they should be handled. These circumstances might be tenable if the appropriate exceptions were rare. Yet, evaluation of the literature reveals that there are numerous exceptions, several (...) of which pervade clinical medicine. This situation leaves physicians without adequate guidance on when to allow exceptions and how to address them, increasing the chances for unfairness in practice. The present article considers the range of exceptions, illustrates how the lack of guidance poses ethical concern and describes an alternative account of physician obligations to address this concern. (shrink)

The U.S. 2010 Patient Protection and Affordable Care Act exempts members of health care sharing ministries from the individual mandate to have minimum essential insurance coverage. Little is generally known about these religious organizations and even less critical attention has been brought to bear on them and their ACA exemption. Both deserve close scrutiny due to the exemption’s less than clear legislative justification, their potential influence on the ACA’s policy and ethical success, and their salience to current religious liberty debates (...) surrounding the expansion of religious exemptions from ACA responsibilities for both individuals and corporations. Analyzing documents of the United States’ three largest health care sharing ministries and related material, I examine these organizations and their ACA exemption with particular consideration of their ethical dimensions. Here a thick description of the nature and workings of health care sharing ministries precedes a similar account of the ACA exemption. From these empirical analyses, five ethical and policy concerns emerge: the charity versus insurance status of these ministries; the conflation of two ACA religious exemptions; the tension between the values of religious liberty and of justice; the potential undermining of ACA policy goals; and the questionable compliance of health care sharing ministries with ACA exemption requirements. An accurate and informed understanding of HCSMs is required for policymakers and others to justify the ACA exemption of health care sharing ministry members. A sufficient justification would address at least the five ethical and policy concerns raised here. (shrink)

Background:Since the adoption of the Universal Declaration of Human Rights by the United Nations in 1948, human rights as set out in government documents have gradually changed, with more and more power being transferred to individual.Objectives:The aim of this article is to analyze how the position of the patient in need of care is constructed in Norway’s renamed and revised Patients’ and Service Users’ Rights Act (originally Patients’ Rights Act, 1999) and published comments which accompanying this legislation from the Norwegian (...) Ministry of Health and Care Service.Research design:A constructivist design was used, and Fairclough’s critical discourse approach was adopted to analyze the text of the Patients’ and Service Users’ Rights Act and comments.Findings:The analysis identified three discourses: (a) political discourse, containing ethical discourses about priority and economy, in which patients are constructed as powerless individuals; (b) expert discourse, containing a theme about patients’ trust in the healthcare team and its knowledge, in which patients are constructed as helpless individuals lacking knowledge; and (c) patient participation and patient autonomy discourse, containing ethical discourses about decision-making, in which patients are constructed not only as individuals with needs and rights but also as “troublesome.”Conclusion:Dominant paternalistic discourses in the legal text validate the power of medicine, the healthcare system, and heath personnel over the needs, rights, participation, and autonomy of the patient. (shrink)