In a recent contribution to legal ontology, Kenneth Ehrenberg identifies a puzzle concerning _the basic validity rule_ of legal systems: If formal institutions require a codified foundational constitutive rule, then legal systems cannot be formal institutions, since their foundational constitutive rule is necessarily an uncodified basic validity rule. To solve this puzzle, Ehrenberg suggests taking this rule as ‘a foundational and self-identifying institutional fact’. Here, I challenge his solution and the very existence of this puzzle. By arguing, contra Ehrenberg, that (...) the basic validity rule is not the foundational constitutive rule of a legal system, but only the foundational constitutive rule of legal validity; that its codification in fact contributes towards the institutionalisation of a legal system; and that the true foundational constitutive rule of a legal system is the formal group structure of the higher-constitutional organisations, I submit an alternative account of the institutional nature of legal systems. (shrink)

Following its economic impact and rising popularity, ‘e-sports’ has become a theme within the academic debate on sports. The current discussion revolves around the definitions of sports provided by the philosophy and sociology of sports and how in turn, this can be adapted to e-sports. The premise of this article is the analysis of ‘institutionalisation’, which is claimed to be an element of modern sport. The governance and production aspects of e-sports will be the main focus where the nature (...) of video games with their fractured production process, the lack of a monopolistic international organisation and its relative novelty will be emphasised. Furthermore, the shaky ground on which the term ‘institutionalisation’ stands will be touched on. It will conclude that the current debate on the recognition of e-sports as a sport may experience certain pitfalls if it does not solve the fundamental problems regarding institutionalisation and ignores the production process of video games and e-sports. (shrink)

Human oversight has become a key mechanism for the governance of artificial intelligence (“AI”). Human overseers are supposed to increase the accuracy and safety of AI systems, uphold human values, and build trust in the technology. Empirical research suggests, however, that humans are not reliable in fulfilling their oversight tasks. They may be lacking in competence or be harmfully incentivised. This creates a challenge for human oversight to be effective. In addressing this challenge, this article aims to make three contributions. (...) First, it surveys the emerging laws of oversight, most importantly the European Union’s Artificial Intelligence Act (“AIA”). It will be shown that while the AIA is concerned with the competence of human overseers, it does not provide much guidance on how to achieve effective oversight and leaves oversight obligations for AI developers underdefined. Second, this article presents a novel taxonomy of human oversight roles, differentiated along whether human intervention is constitutive to, or corrective of a decision made or supported by an AI. The taxonomy allows to propose suggestions for improving effectiveness tailored to the type of oversight in question. Third, drawing on scholarship within democratic theory, this article formulates six normative principles which institutionalise distrust in human oversight of AI. The institutionalisation of distrust has historically been practised in democratic governance. Applied for the first time to AI governance, the principles anticipate the fallibility of human overseers and seek to mitigate them at the level of institutional design. They aim to directly increase the trustworthiness of human oversight and to indirectly inspire well-placed trust in AI governance. (shrink)

The article sets out to explore the international legal dimension in Jürgen Habermas' latest publications on philosophy of law. It is our view that Habermas deals with the examination of just relations beyond the nation-state first and foremost from a legal perspective, and that the key to a Habermasian reading of international justice is not through an application of discourse-theoretical models of communicative or moral action as such, but primarily through proper legal institutionalisation of the rule of law. In (...) asserting this view, we will look closer at the Kantian influence in Habermas' legal construct at the international level, and show why this institutional approach is to be sharply distinguished from and preferred to any exclusively non-institutional approach to international justice. (shrink)

This article discusses outcomes of a dialogue conference on ‘The road ahead for ELSA in Norway: Issues of quality, influence and network cooperation’ held in Oslo in December 2012. Norwegian researchers in the field of ethical, legal and social aspects of technologies were invited to discuss conceptual and strategic issues, as well as the setup of a researcher network. In the article I take an institutionalist approach and discuss challenges in institutionalising an ELSA network at a time when a designated (...) ELSA funding programme is coming to an end. The research question is how the Norwegian ELSA network can succeed as a persistent network in times of greater uncertainties. The article claims that the network needs to gain legitimacy, outlines different dimensions of legitimacy and interprets the conference discussions in light of these dimensions. Central challenges and success factors facing the ELSA network are discussed and the article concludes with reflections on the potential future of ELSA in Norway. Although the article has a Norwegian context, the discussions in the article are likely to be relevant for researchers all across Europe, as similar developments are taking place also elsewhere in the European research funding context. (shrink)

The following contribution is an overview of the gradual and systematic establishment of the institutional foundations of Slovak Slavistics. It looks at how the research focus and programme were developed and its coordination centre set up, beginning in 1988.Following that, the Slovak Committee of Slavists was established and its were statutes drawn up. Preparations then began for the 11th International Congress of Slavists in 1993. The Department of Slavistics at the Slovak Academy of Sciences was also established, becoming the Ján (...) Stanislav Institute of Slavistics in 2005. The article describes in detail the initial beginnings of the programmatic focus of research in Slovak Slavistics, highlighting the difficulties encountered and the various twists and turns that complicated the process of establishing the research programme and institutionalising Slovak Slavistics. It also stresses the results produced thus far and its future prospects. (shrink)

In this paper, the author suggest that the historical and institutional conditions of existence of the concepts which animate legal argumentation – like the historical and institutional conditions of existence of certain forms of law – are of interest not only in their own right, but also because they raise methodological issues for jurisprudence. These include questions about the relationship between concepts and the social phenomena which they purport to categorise; about the relationship between philosophical and other forms of legal (...) theory; and about how a jurisprudence largely dominated by philosophical methods may be brought into productive dialogue with other forms of theoretical analysis. Only by broadening both its horizons and its methods, the author argues, will jurisprudence be capable of illuminating not only doctrinal analysis within particular jurisdictions at particular times, but also comparative and historical scholarship. (shrink)

From the mid nineteenth to mid twentieth century sanatoria loomed large in the popular consciousness as the space for the treatment of tuberculosis (TB). A review of the historiography of sanatoria at the beginning of this paper shows that the nursing contribution to the care of TB patients is at best ignored and at worst attracts negative comment. Added to this TB nursing was not viewed as prestigious by contemporaries, leading to problems attracting recruits. Using a case study approach based (...) on surviving archival material, this paper sets out to provide a glimpse of the work of TB nurses in a rural sanatorium at Westwood, Queensland, Australia. For the nurses geographical isolation was compounded by professional stagnation, which created a working environment influenced by friction and discord among the staff. It reveals how despite this, nurses coped with working in hostile conditions, to make the long stay of their patients, separated from their families and familiar life style more bearable. (shrink)

At least ten useful little reasons why we should reject efforts to introduce voluntary euthanasia. An alternative version of the case in the New Law Journal against voluntary euthanasia, but this version contains some user-friendly links.

There exists a longstanding debate over the global institutional implications of Immanuel Kant's political philosophy: does such a philosophy entail a federal world government, or instead only a co...

We extend the monotonic and regular modal logics to the multi-modal cue, and give semantical characterization w.r.t. a semantics of minimal frames. For this we introduce a calculus over neighbourhoods and we obtain simpler conditions than those from the literature.

We study companies that do not produce a sustainability report in contexts where institutionalisation is assumed. Based on a careful analysis of interaction patterns between non-reporting companies, sustainability interest groups, and peer organisations, we find patterns of discursive and material isomorphism that suggest sustainability reporting is confined to an issues-based field, rather than spreading as an institutionalised practice across the business community. We argue that the issues-based field exerts only weak pressure for sustainability reporting, and that encouraging more firms (...) to report rests on understanding what influences companies to interact more widely to become part of this field. (shrink)

Partnerships between businesses and nonprofit organisations are an increasingly prominent element of corporate social responsibility implementation. The paper is based on two in-depth partnership case studies (Earthwatch-Rio Tinto and Prince's Trust-Royal Bank of Scotland) that move beyond a simple stage model to reveal the deeper-level micro-processes in the selection, design and institutionalisation of business-NGO partnerships. The suggested practice-tested model is followed by a discussion that highlights management issues within partnership implementation and a practical Partnership Test to assist managers in (...) testing both the accountability and level of institutionalisation of the relationship to address any possible skill gaps. Understanding how CSR partnerships are implemented in practice contributes to the broader CSR and partnership literatures a contextspecific level of detail in a systematic way that allows for transferable learning in both theory and practice. (shrink)

. One of the most powerful accounts of the necessary connection between law and morality grounded on the openness of communication is provided by Robert Alexy, who builds a discourse theory of law on the basis of Habermas’ theory of general practical discourse. In this article I argue that the thesis based on the openness of legal discourse is problematic in that it does not provide a convincing account of the differentiation of legal discourse from other practical discourses. I offer (...) an understanding of the institutionalisation of legal discourse as the tacit commitment of the participants to their shared normative experience and in particular in: 1) the possibility of containing normative force in space, 2) the possibility of transforming word into deed, 3) the possibility of grasping and controlling time and 4) the possibility of transforming deed into word. That commitment of participants in legal discourse is revealed as a set of fundamental assumptions embedded in all legal utterances, which provide the necessary bedrock that makes communication possible. It also provides a basis for the institution of legal discourse, to the effect that their problematisation signifies a departure from the latter. (shrink)

This article explores the activities of the Adult Shelter of the National Committee of the City of Zagreb since its foundation, from 1953 to 1978. The focus is on the consideration of the policy of taking care of vulnerable groups in social welfare institutions in the city of Zagreb, including persons with mental disorders. It seeks to illuminate the beginnings of the long-term care of the latter population in the homes for mentally ill adults, today known as homes for adults. (...) In connection to this, their social stigmatisation and tendency of placement into spatially segregated objects are discussed. The research showed that the strategies of social protection and mental health protection, despite the then-advocated idea of equality between social categories, were at the time oriented towards the protection of the majority of community from persons with mental disorders. (shrink)

Several tendencies in the process of political decision-making in Belgium tend to put under strain the official model of representative democracy. One of these evolutions is the set up of many advisory councils, and especially the dynamism of some of these advisory councils to move up to participation in the decision-making itself.The process starts at the functional basis of the advisory councils: an information function, an advice function, a function to make proposals, an investigation function and a selection function. It (...) is possible to get to the care of the decision for reason of a liability to advice, the quality as regards content of the advice, the composition of the councils and the appeal to the public opinion. The dysfunctions are the obstacles that need to be advoided: the alibi function, a basis for non-decision, the delay and concealing of the decision-making itself, a certain obliqueness in the composition and the undermining of the representative function of parliament. (shrink)

How climate models came to gain and exercise epistemic authority has been a key concern of recent climate change historiography. Using newly released archival materials and recently conducted interviews with key actors, we reconstruct negotiations between UK climate scientists and policymakers which led to the opening of the Hadley Centre for Climate Prediction and Research in 1990. We historicize earlier arguments about the unique institutional culture of the Hadley Centre, and link this culture to broader characteristics of UK regulatory practice (...) and environmental politics. A product of a particular time and place, the Hadley Centre was shaped not just by scientific ambition, but by a Conservative governmental preference for ‘sound science’ and high evidential standards in environmental policymaking. Civil servants sought a prediction programme which would appeal to such sensibilities, with transient and regional climate simulation techniques seemingly offering both scientific prestige and persuasive power. Beyond the national level, we also offer new insights into the early role of the Intergovernmental Panel on Climate Change and an evolving international political context in the shaping of scientific practices and institutions. (shrink)

As universities are increasingly called by their national governments for a more entrepreneurial management of public research results, they started to develop internal structures and policies to take a proactive role in the commercialisation of university research. For the first time, this paper presents a detailed chronicle of how country-level reforms on Intellectual Property Rights were translated into organisation-level mechanisms to regulate university-patenting activity. The analysis is based on the complete list of patent policies issued between 1993 and 2009 by (...) the population of Italian universities. Our evidence suggests that universities first dealt with legislative changes on IPRs by enacting isomorphic behaviours, then by creating a community of practices, and finally by leveraging on such community to influence government reforms on IP-related matters. We discuss our results in the light of institutional theory and public policy. (shrink)

Since Ackerman in Corporate social responsiveness, the modern dilemma (1973), pleaded for the institutionalisation of corporate social performance (CSP) in business processes, researchers have focused on the role of strategy in CSP. This article demonstrates that CSP is institutionalised within the governance structure. We will attempt to make this clear by means of a description of the Dutch system of corporate governance. Under certain circumstances Dutch companies are already bound to CSP due to prevailing legislation. A governance perspective shows (...) that CSP is institutionalised within a company’s governance structure. “Processes of responsiveness”, since long regarded as a starting point of CSP-analysis, appear to be decision-making processes. Within these processes the expectations of the stakeholders can be institutionalised, trust can be built and interests can be incorporated. This makes CSP context-dependent. However, it is possible to analyse companies by comparing the companies’ individual governance structures. The article concludes that CSP-analysis can fruitfully extend into analysing in the role of the stakeholders in the influence-pathways that are incorporated within the governance structure. (shrink)

This paper reports on a study of the largest Spanish corporations concerning the status of corporate ethics policies. The research project, the first of its kind in Spain, has two parts. First, the types of formal documents the companies use are analysed, including those dealing with ethical values or norms. Three groups of companies are distinguished: the first group has no formal documents dealing with ethical values, and the reasons given for not having any ethical statement are discussed. A second (...) group has one document mentioning ethical values (generally the vision and/or mission statement), and a third group has in place two or more documents (one generic and the other more detailed, such as a code of conduct). The findings show that the latter group is more proactive than the former in implementing measures for promoting business ethics throughout the organisation. In the second part of the research, the study analyses the differences between companies whose headquarters are in Spain, Europe and USA regarding the arguments, the focus and the practices used to formalise business ethics. (shrink)

This paper examines the creation of independent agencies within the EU, such as the European Environment Agency and the European Central Bank. Majone and others have argued the case for European regulatory agencies. Such agencies can provide for continuity, expertise, accountability and effective authority – in short, an institutionalisation of responsibility. Against this optimism, I argue that a dilemma of institutional design naturally arises from the agencies’ situation in the EU. On the one side, we risk creating powerful agencies (...) that institutionalise monomania– that is, agencies that single-mindedly and all-too-effectively pursue narrow agendas, inadequately checked by other bodies. On the other, we are also likely to encounter relatively impotent agencies which institutionalise schizophrenia– that is, agencies that must scout around for audience and support, and hence are unable to act effectively. (shrink)

In this article, I consider the role of institutions in Jacques Derrida’s political engagement. In spite of Derrida’s significant involvement with political causes throughout his life, his engagements have received little sustained attention, and this is particularly true of his work with institutions. I turn to two such cases, the Collège international de philosophie and the Parlement international des écrivains and argue that these represent an alternative mode of institutionalisation. These institutions seek to destabilise other institutions as well as (...) themselves.Looking closely at the institutions that Derrida founded, we see three common characteristics emerge. These institutions are anti-hegemonic,self-reflexive and international. I then connect these to Derrida’s thought, offering a reading of the undecidable, which brings forth the importance of conventions in the decision. Finally, I demonstrate that the three shared characteristics of Derrida’s institutions form part of an effort to open up space for the possibility of alterity. Through this, and beyond a distinction between theory/practice, we come to see Derrida’s institutional engagements as an active form of critique, both of other institutions and themselves. (shrink)

The ethical controversies of firms in the sharing economy (SE) have recently drawn attention and caused debates. Ridesharing firms violate laws in many countries, but how they become legitimised remains underexplored. We apply the co-evolutionary perspective to examine how ethical controversies, legitimation and institutionalisation co-evolve in the ridesharing segment in the dynamic and changing institutional environment of China. We conducted a case study on Didi using firm-institution dual-level analysis based on stakeholder salience theory (SST) and the Orders of Worth (...) framework. Our findings uncover ethical controversies among stakeholders with different levels of salience. We also reveal a dynamic interplay between the legitimacy work of Didi and the institutional-level market regulations on ridesharing firms. We develop a process model demonstrating the co-evolution among the changes in ethical controversies, new market category emergence and legitimation of ridesharing firms. These findings shed light on the application of the co-evolutionary perspective in analysing ethical controversies among multiple stakeholders’ evolving interests in the SE context. (shrink)

In their book Healthy Eating Policy and Political Philosophy: A Public Reason Approach, Matteo Bonotti and Anne Barnhill defend a conception of public reason centred on the notion of accessibility and advance an ethical toolkit public health policy makers can use to ensure they are reasoning publicly when designing healthy eating policies. Finally, they propose to institutionalise the process of public reasoning informed by their ethics framework by designing certain procedures of consultation and deliberation. This article focuses on their (...) class='Hi'>institutionalisation and raises some doubts and concerns by arguing that the procedures designed by Bonotti and Barnhill may be counterproductive to some of their aims, in particular with respect to citizens’ control, epistemic injustice, and the conception of citizens as free and equal. (shrink)

Questions concerning moral problems caused by the lifesciences and concerning the adequate methods and instruments to solve these are timely and urgent; especially in the face of intense debates on the acceptability of research on human embryonic stem cells and preimplantation diagnostics, to name only two applications developed from research in the life-sciences. Unfortunately, the constant and accusing demand that life-scientists must behave morally does not give us a clue on how ethics may help in establishing guidelines for moral behaviour. (...) In this heated situation the foundation of ethics-committees seems to be the motto of the day. But instead of functioning as necessary and fruitful scientific advisory boards, these committees run the risk of being misused as a fashionable (and soon forgotten) weapon in the battle for political opinion-leadership. In the following article, the view is defended that ethics is a scientific enterprise and has an important role to play in political decision making on lifesciences issues. Content Type Journal Article Pages 29-31 Authors Felix Thiele, Bad Neuenahr-Ahrweiler GmbH, Wilhelmstrasse 56, D-53474 Bad Neuenahr-Ahrweiler, Germany Journal Human Reproduction & Genetic Ethics Online ISSN 2043-0469 Print ISSN 1028-7825 Journal Volume Volume 8 Journal Issue Volume 8, Number 2 / 2002. (shrink)

The aim of this article is to describe the phenomenon of male rape from the victims’ perspectives. The methodology employed relied on transcendental phenomenology in order to create the rich descriptions of the lived experiences of three male survivors of rape. From the descriptions elicited from the formulation of an open-ended question, it was discovered that the phenomenon of male rape has a dominant structure that is related to the destruction and reconstruction of the masculine self. The research also revealed (...) several textural themes that include the characteristics of the assault, treatment and support that victims receive, the effects of the assault on the self, disclosure, the learning and life changes brought about by the assault, the victims’ feelings towards their assailants and the effect of the assault on the victims’ relationships. This study hopes to facilitate further descriptive research on the phenomenon of male rape in order that greater knowledge be gleaned and applied regarding its prevention and healing processes. (shrink)

This article has already been published in, and is available in open access from Time and Society, 0, 2017, pp. 1-29. We thank Stanley Blue for his permission to republish it here.: The practice turn in social theory has renewed interest in conceptualising the temporal organisation of social life as a way of explaining contemporary patterns of living and consuming. As a result, the interest to develop analyses of time in both practice theories and practice theory-based - Sur le concept (...) de rythme. (shrink)

This study is about Carl Stumpf's achievements during his stay in Prague (1879-1884). It can be considered a piece of sociology of knowledge that is meant to uncover the institutional mechanisms used by Brentano from Vienna in order to implement his philosophical program in Prague. I claim that Stumpf and Marty have been instrumental in Brentano's plans and strategies to consolidate his hold on philosophy and its institutions in Austria. There are also several aspects of Stumpf's and Marty's scientific activities (...) in Prague, which I will also examine in this paper, including their scientific collaborations and exchanges with Ernst Mach, Ewald Hering, Gottlob Frege, and William James during Stumpf's stay in Prague (1879-1884). The last part of this study pertains to the circumstances surrounding Stumpf's departure from Prague and Brentano's reaction to Stumpf's arguments. (shrink)

Upshot: Time constraints, locked curriculums, strict management, and possible anarchy in the classroom are some of the themes that originated from the commentaries. I argue that these challenges should be viewed holistically in the broader picture. I also question the educator’s role in mitigating these obstacles. My advice: Do it anyway.

This article examines the personal values and private motivations of legal practitioners who engage in the provision of legal services pro bono publico. It analyses the results of a 2014 empirical study of lawyers in Queensland, Australia, who regularly undertake pro bono work. The findings suggest strong moral and professional motivations for engaging in pro bono legal practice, as well as a distinct ‘community of practice’ of large law firms in forming and sharing sophisticated structures and approaches to addressing social (...) justice needs. However, the study also revealed a range of potential drawbacks arising from the dominance of the large law firm sector in this field. In addition, respondents from small firms and sole practitioners indicated the many ways in which they are excluded from the pro bono community. The article draws on US scholarship which urges us to think about the ‘content and impact’ of pro bono work to achieve real outcomes and to address the widening gap in provision of legal assistance created by decreasing government funding. We conclude that a particular sensitivity to the context of practice is needed in our conception of pro bono practice. (shrink)

The social and ethical framework of opposition toward homosexuality and, for example, gay marriage and gay parenting must be understood both from the process of institutionalism within Western society and from the essentialist view of human beings and the construction of their identities.This essentialist context of humanity and society, however, must be put in opposition to the social definition of human existence and identity. The latter are the dynamic and never-completed result of personal and social interrelation.Therefore, they cannot be separated (...) into abstractions denominating the essence of humanity and society, nor may they be viewed as clear-cut atomic or autonomous realities. On the basis of this opposition, I criticize the arguments against accepting and positively integrating homosexuality within society, especially through an analysis of the interpersonal aspects of the formation of gay identity and of gay parenting. (shrink)

This paper describes the different dimensions of the relation between moral reflection and legislative processes. It discusses some examples of the institutionalisation of moral reflection. It is argued that the relation between ethics and law is still an actual and relevant question. Ethics also has to reflect on its own role in political life. The paper defends the relevance of a theological perspective on the relation between law and ethics. In the last part it is argued that the modality (...) of relation between ethics and law depends on the specific character of social domain. (shrink)

Historically, the Italian and Scandinavian institutionalisation of action research has developed along different tracks. The question is, if there are any promising prospects to combine different action research experiences and methodologies across European regions? Alternatively, should we conclude that action research is mainly a local activity firmly rooted in a special culture in the different European countries?