Organoids are three-dimensional biological structures grown in vitro from different kinds of stem cells that self-organise mimicking real organs with organ-specific cell types. Recently, researchers have managed to produce human organoids which have structural and functional properties very similar to those of different organs, such as the retina, the intestines, the kidneys, the pancreas, the liver and the inner ear. Organoids are considered a great resource for biomedical research, as they allow for a detailed study of the development and pathologies (...) of human cells; they also make it possible to test new molecules on human tissue. Furthermore, organoids have helped research take a step forward in the field of personalised medicine and transplants. However, some ethical issues have arisen concerning the origin of the cells that are used to produce organoids and their properties. In particular, there are new, relevant and so-far overlooked ethical questions concerning cerebral organoids. Scientists have created so-called mini-brains as developed as a few-months-old fetus, albeit smaller and with many structural and functional differences. However, cerebral organoids exhibit neural connections and electrical activity, raising the question whether they are or will one day be somewhat sentient. In principle, this can be measured with some techniques that are already available, which are used for brain-injured non-communicating patients. If brain organoids were to show a glimpse of sensibility, an ethical discussion on their use in clinical research and practice would be necessary. (shrink)

Citizen science models of public participation in scientific research represent a growing area of opportunity for health and biomedical research, as well as new impetus for more collaborative forms of engagement in large-scale research. However, this also surfaces a variety of ethical issues that both fall outside of and build upon the standard human subjects concerns in bioethics. This article provides background on citizen science, examples of current projects in the field, and discussion of established and emerging ethical issues for (...) citizen science in health and biomedical research. (shrink)

Anecdotal evidence has long lamented the status of social studies in elementary classrooms as observed by preservice teachers. As standardized testing has risen for mathematics and language arts, social studies has been pushed aside. In the aftermath of accountability legislation such as No Child Left Behind, research indicates that social studies is less visible in elementary classrooms due to an instructional focus on tested content areas (e.g. math, language arts, reading). In this study, approximately 90 elementary preservice teachers enrolled in (...) a social studies methods course responded to a survey and indicated the frequency and quality of lessons they observed over the course of a single semester. Findings report that preservice elementary teachers witnessed few, if any, lessons in social studies in the elementary classroom. Implications for teacher education are discussed. (shrink)

In his interesting commentary, Joshua Shepherd raises two points—one related to epistemology, the other to ethics—about our article on human cerebral organoids.1 2 From the epistemological standpoint, he calls into question the need for a theory of consciousness. A theory of consciousness, for him, is not necessary because of the lack of consensus about the very nature of consciousness. Shepherd suggests that ‘given widespread disagreement, applying a theory of consciousness may not be helpful when attempting to diagnose the presence of (...) consciousness in cerebral organoids’. In Shepherd’s view, it would be better to transfer ‘concepts already under development in work on the presence and structure of consciousness in difficult marginal cases involving traumatic brain injury’.2 We could not agree more on this last point; detecting a minimal capacity for consciousness in the brain of comatose patients is a very similar challenge to inferring the presence of consciousness in cerebral organoids. Every day, as a by-product of saving many lives, intensive care medicine artificially produces thousands of brains that may remain isolated, split or fragmented; in the worst case, cortical islands, or an archipelago of islands, may survive while being disconnected from the outside world. Can these islands host some form of consciousness? That is, does it feel like anything to be a large piece of human cortex? Addressing this difficult question requires the development of general, objective brain-based indices of consciousness that are independent of sensory processing, executive functions and motor outputs.3 Consider, for example, a patient showing reflexive spontaneous behaviour, no response to command and no ability to communicate. In her brain, afferent pathways are damaged, thereby impairing the recruitment of cortical areas in response to sensory stimulation; basal ganglia, as well as other frontal structures supporting executive functions, are impaired. However, resting metabolism and significant electroencephalography …. (shrink)

Modeling law search and retrieval as prediction problems has recently emerged as a predominant approach in law intelligence. Focusing on the law article retrieval task, we present a deep learning framework named LamBERTa, which is designed for civil-law codes, and specifically trained on the Italian civil code. To our knowledge, this is the first study proposing an advanced approach to law article prediction for the Italian legal system based on a BERT (Bidirectional Encoder Representations from Transformers) learning framework, which has (...) recently attracted increased attention among deep learning approaches, showing outstanding effectiveness in several natural language processing and learning tasks. We define LamBERTa models by fine-tuning an Italian pre-trained BERT on the Italian civil code or its portions, for law article retrieval as a classification task. One key aspect of our LamBERTa framework is that we conceived it to address an extreme classification scenario, which is characterized by a high number of classes, the few-shot learning problem, and the lack of test query benchmarks for Italian legal prediction tasks. To solve such issues, we define different methods for the unsupervised labeling of the law articles, which can in principle be applied to any law article code system. We provide insights into the explainability and interpretability of our LamBERTa models, and we present an extensive experimental analysis over query sets of different type, for single-label as well as multi-label evaluation tasks. Empirical evidence has shown the effectiveness of LamBERTa, and also its superiority against widely used deep-learning text classifiers and a few-shot learner conceived for an attribute-aware prediction task. (shrink)

The subject of musical emotions has emerged only recently as a major area of research. While much work in this area offers fascinating insights to musicological research, assumptions about the nature of emotional experience seem to remain committed to appraisal, representations, and a rule-based or information-processing model of cognition. Over the past three decades alternative ‘embodied’ and ‘enactive’ models of mind have challenged this approach by emphasising the self-organising aspects of cognition, often describing it as an ongoing process of dynamic (...) interactivity between an organism and its environment. More recently, this perspective has been applied to the study of emotion in general, opening up interesting new possibilities for theory and research. This new approach, however, has received rather limited attention in musical contexts. With this in mind, we critically review the history of music and emotion studies, arguing that many existing theories offer only limited views of what musical-emotional experience entails. We then attempt to provide preliminary grounding for an alternative perspective on music and emotion based on the enactive/dynamic systems approach to the study of mind. (shrink)

She was intensely sympathetic. She was immensely charming. She excelled in the difficult arts of family life. She sacrificed herself daily. If there was chicken, she took the leg, if there was a draught, she sat in it—in short, she was so constituted that she never had a mind or wish of her own, but preferred to sympathise always with the minds and wishes of others. — Virginia Woolf (1979, 59).

Moral bioenhancement is the attempt to improve human behavioral dispositions, especially in relation to the great ethical challenges of our age. To this end, scientists have hypothesised new molecules or even permanent changes in the genetic makeup to achieve such moral bioenhancement. The philosophical debate has focused on the permissibility and desirability of that enhancement and the possibility of making it mandatory, given the positive result that would follow. However, there might be another way to enhance the overall moral behavior (...) of us humans, namely that of targeting people with lower propensity to trust and altruism. Based on the theory of attachment, people who have a pattern of insecure attachment are less inclined to prosocial behavior. We know that these people are influenced by negative childhood memories: this negative emotional component may be erased or reduced by the administration of propranolol when the bad memory is reactivated, thereby improving prosocial skills. It could be objected that memory-editing might be a threat for the person’s identity and authenticity. However, if the notion of rigid identity is replaced by that of extended identity, this objection loses validity. If identity is understood as something that changes over time, moral bioenhancement through memory-editing seems indeed legitimate and even desirable. (shrink)

The demand for social justice, especially in the context of the welfare state, is often framed as a demand of solidarity. But it is not clear why: in what sense, if any, is social justice best understood as a demand of solidarity? This article explores that question. There are two reasons to do so. First, very little has been written on the concept of solidarity, and almost nothing on why and how solidarity can both give rise to and be the (...) target of a moral obligation. The first aim of the article is to fill this gap. The second aim of the article is to explore the normative implications of this account of solidarity for the commitment to social justice at the heart of the welfare state, and in so doing, to put into question the idea that shared experience or shared identity are either necessary or sufficient bases for social justice qua solidarity. (shrink)

The aim of this article is to question the nature of the socio-anthropological approach in Lefort’s thought. The author explores the complex relationship between Lefort and the Durkheimian French school of sociology in four stages: in the first, he shows Lefort as a sociologist ‘worthy of its name’ or, in other words, a sociologist interested in questioning the ‘institution of the social’. In the second, he focuses on the disturbing elements that Lefort introduces: the political and the division into the (...) French sociological approach. In the third stage, he focuses his attention on the sociological approach in Lefort’s way of thinking about democratic society. Finally, he concludes by referring to Lefort’s apparent opposition between philosophy and social sciences – and the errors that this may have engendered – in order to demonstrate the continuity of Lefort’s sociological approach. (shrink)

The history of brain-computer interfaces developed from a mere idea in the days of early digital technology to today’s highly sophisticated approaches for signal detection, recording, and analysis. In the 1960s, electroencephalography was tied to the laboratory due to equipment and recording requirements. Today, amplifiers exist that are built in the electrode cap and are so resistant to movement artefacts that data collection in the field is no longer a critical issue. Within 60 years, the field has moved from simple (...) and artefact-sensitive EEG recording to making real the vision of brain-computer communication. In the last 40 years, direct brain-computer interaction went from simple communication programs to sophisticated BCI-controlled applications. In the past two decades, much research was conducted with locked-in individuals, and since the 2010s, independent home use by exemplary patients has been demonstrated. In these patients with locked-in syndrome, BCI were installed at their home and long-term usage was established, resulting in increased quality of life. Maintaining communication in disorders leading to LIS contributes significantly to the patients’ sense of being full persons. BCI as an assistive technology will likely be perceived as integral part of the self: insofar as it can prevent total loss of communication and the ensuing social isolation, it enables essential conditions for the subjective and intersubjective experience of personhood. (shrink)

This article revisits Miranda Fricker’s Epistemic Injustice through one specific aspect of Axel Honneth’s recognition theory. Taking a first cue from Honneth’s critique of the limitations of the “language-theoretic framework” in Habermas’ discourse ethics, it floats the idea that the two categories of Fricker’s groundbreaking analysis—testimonial and hermeneutical injustice—likewise lean towards a speech-based metric. If we accept, however, that there are also implicit, preverbal, affective, and embodied ways of knowing and channels of knowledge transmission, this warrants an expansion of Fricker’s (...) original concept. By drawing on Honneth’s recognition theory, I argue it is possible to extend the account of epistemic injustice beyond Fricker’s two central categories, to glimpse yet another register of serious “wrong done to someone specifically in their capacity as a knower.” I define this harm as prediscursive epistemic injury and offer two central cases to illustrate this additional form of epistemic injustice. (shrink)

This paper focuses on the _ethics of how_ to approach the introduction of MAiD as an organizational ethics challenge, a focus that diverges from the traditional focus in healthcare ethics on the _ethics of why_ MAiD is right or wrong. It describes a method co-designed and implemented by ethics and medical leadership at a tertiary hospital to develop a values-based, grassroots response to the decriminalization of assisted dying in Canada. This organizational ethics engagement method embodied core tenants that drew inspiration (...) from a variety of sources, including poetic ones. These tenants are: make the problem bigger; focus on values; cultivate open moral spaces; and trust emergence. The paper describes how these tenants were put into practice in order to create a rigorous and sustainable MAiD program that delivers high-quality care to patients and families while honoring the moral diversity of the hospital workforce. One of the goals in sharing this method is to provide a roadmap for healthcare organizations in Canada and other jurisdictions around the world that are facing the challenge of responding to patient requests for MAiD following the decriminalization of this care option. (shrink)

Each Aristotelian science consists in the causal investigation of a specific department of reality. If successful, such an investigation results in causal knowledge; that is, knowledge of the relevant or appropriate causes. The emphasis on the concept of cause explains why Aristotle developed a theory of causality which is commonly known as the doctrine of the four causes. For Aristotle, a firm grasp of what a cause is, and how many kinds of causes there are, is essential for a successful (...) investigation of the world around us. (shrink)

We present a theory VF of partial truth over Peano arithmetic and we prove that VF and ID 1 have the same arithmetical content. The semantics of VF is inspired by van Fraassen's notion of supervaluation.

In the intriguing article The puzzle of the changing past, Barlassina and Del Prete argue that, if one grants a platitude about truth and accepts a simple story that they tell, one is forced to conclude that the past has changed. I will suggest that there is a coherent way to resist that conclusion. The platitude about truth is in fact a platitude, but the story is not exactly as they tell it.

A comparison of two groups of college students, at a public state university and a private religious school, yields the same results: undergraduates’ interpretations of recent business scandals make distinctions between public and private behavior. Students admire “family men” even when they are caught at fraud. The students’ interpretations illustrate a significant gap in ethical theories: the benefits of a group perspective for corporate citizenship versus individual family values. Most leadership theories, including stakeholder theories, do not address this disjunction. This (...) article describes the phenomenon and maps the ethics literature to locate the dynamic forces underlying the empirical and theoretical disconnections between leadership and ethics. (shrink)

Following an initial study of the needs of healthcare providers (HCP) regarding the introduction of Medical Assistance in Dying (MAiD), and the subsequent development of an assisted dying program, this study sought to determine the efficacy and impact of MAiD services following the first two years of implementation. The first of three aims of this research was to understand if the needs, concerns and hopes of stakeholders related to patient requests for MAiD were addressed appropriately. Assessing how HCPs and families (...) perceived the quality of MAiD services, and determining if the program successfully accommodated the diverse needs and perspectives of HCPs, rounded out this quality evaluation. This research implemented a mixed-methods design incorporative of an online survey with Likert scale and open-ended questions, as well as focus groups and interviews with staff and physicians, and interviews with MAiD-involved family members. There were 356 online surveys, as well as 39 participants in six focus groups with HCP, as well as fourteen interviews with MAiD-involved family members. Participants indicated that high-quality MAiD care could only be provided with enabling resources such as policies and guidelines to ensure safe, evidence-based, standardized care, as well as a specialized, trained MAiD team. Both focus group and survey data from HCPs suggest the infrastructure developed by the hospital was effective in delivering high-quality MAiD care that supports the diverse needs of various stakeholders. This study may serve as a model for evaluating the impact and quality of services when novel and ethically-contentious clinical practices are introduced to healthcare organizations. (shrink)

Since the emergence of our species at least, natural selection based on genetic variation has been replaced by culture as the major driving force in human evolution. It has made us what we are today, by ratcheting up cultural innovations, promoting new cognitive skills, rewiring brain networks, and even shifting gene distributions. Adopting an evolutionary perspective can therefore be highly informative for cognitive science in several ways: It encourages us to ask grand questions about the origins and ramifications of our (...) cognitive abilities; it equips us with the means to investigate, explain, and understand key dimensions of cognition; and it allows us to recognize the continued and ubiquitous workings of culture and evolution in everyday instances of cognitive behavior. Taking advantage of this reorientation presupposes a shift in focus, though, from human cognition as a general, homogenous phenomenon to the appreciation of cultural diversity in cognition as an invaluable source of data. (shrink)

This study assessed the attitudes and needs of physicians and health professional staff at a tertiary care hospital in Canada regarding the introduction of physician assisted dying (PAD) during 2015–16. This research aimed to develop an understanding of the wishes, concerns and hopes of stakeholders related to handling requests for PAD; to determine what supports/structures/resources health care professionals (HCP) require in order to ensure high quality and compassionate care for patients requesting PAD, and a supportive environment for all healthcare providers (...) across the moral spectrum. This study constituted a mixed methods design with a qualitative descriptive approach for the study’s qualitative component. A total of 303 HCPs working in a tertiary care hospital completed an online survey and 64 HCPs working in hospital units with high mortality rates participated in 8 focus group discussions. Both focus group and survey data coalesced around several themes to support the implementation of PAD following the decriminalization of this practice: the importance of high quality care; honoring moral diversity; supporting values (such as autonomy, privacy, beneficence); and developing resources, including collaboration with palliative care, education, policies and a specialized team. This study provided the foundational evidence to support the development of the PAD program described in other papers in this collection, and can be a model for gathering evidence from stakeholders to inform the implementation of PAD in any healthcare organization. (shrink)

This paper depicts a case study of an organizational strategy for the promotion of ethical practice when introducing a new, high-risk, ethically-charged medical practice like Medical Assistance in Dying (MAiD). We describe the development of an interprofessional program that enables the delivery of high-quality, whole-person MAiD care that is values-based and sustainable. A “care ecology” strategy recognizes the interconnected web of relationships and structures necessary to support a quality experience of MAiD for patients, families, and clinicians. This program exemplifies a (...) care ecology approach that addresses common barriers to entry to MAiD practice, and also meets the needs of a variety of stakeholders through the creation of patient and family resources, team supports, standards of practice, professional development opportunities, organizational infrastructure, and community partnerships. We also describe how a thriving care ecology evolves to remain resilient, and to enable integration as the needs of the organization, team and program change over time. The design and development of this program may be adapted to other jurisdictions and organizations where MAiD is introduced, or where new patient populations become eligible for MAiD. This care ecology model may also be applicable to the creation of sustainable programs that provide other morally controversial or novel clinical services. (shrink)

This English translation of the author's original work has been thoroughly revised, expanded and updated. The book covers logical systems known as type-free or self-referential . These traditionally arise from any discussion on logical and semantical paradoxes. This particular volume, however, is not concerned with paradoxes but with the investigation of type-free sytems to show that: (i) there are rich theories of self-application, involving both operations and truth which can serve as foundations for property theory and formal semantics; (ii) these (...) theories provide a new outlook on classical topics, such as inductive definitions and predicative mathematics; (iii) they are particularly promising with regard to applications. Research arising from paradoxes has moved progressively closer to the mainstream of mathematical logic and has become much more prominent in the last twenty years. A number of significant developments, techniques and results have been discovered. Academics, students and researchers will find that the book contains a thorough overview of all relevant research in this field. (shrink)

Several scholars have recognized the limitations of theories of moral reasoning in explaining moral behavior. They have argued that moral behavior may also be influenced by moral identity, or how central morality is to one’s sense of self. This idea has been supported by findings that people who exemplify moral behavior tend to place more importance on moral traits when defining their self-concepts (Colby & Damon, 1995). This paper takes the next step of examining individual variation in a construct highly (...) associated with immoral behavior — psychopathy. In Study 1, we test the hypothesis that individuals with a greater degree of psychopathic traits have a weaker moral identity. Within a large online sample, we found that individuals who scored higher on a measure of psychopathic traits were less likely to base their self-concepts on moral traits. In Study 2, we test whether this reduced sense of moral identity can be attributed to differences in moral judgment, which is another factor that could influence immoral behavior. Our results indicated that the reduced sense of moral identity among more psychopathic individuals was independent of variation in moral judgment. These results suggest that individuals with psychopathic traits may display immoral behavior partially because they do not construe their personal identities in moral terms. (shrink)

This case study chronicles the pedagogical decision making of one high school teacher, Mr. Diego de la Vega, a pseudonym, as he teaches about race and racism in his elective social studies class, Race, Gender, and Ethnicity. De la Vega draws upon his own racial biography and experiences with race/ism to engage with high school students around racialized content. A conceptual framework grounded in racial identity development theory is used. This snapshot of racial pedagogical decision making, or RPDM, features a (...) discussion of implications for social studies pedagogy to promote racial identity development in the classroom. (shrink)

Neuroscientific research on the removal of unpleasant and traumatic memories is still at a very early stage, but is making rapid progress and has stirred a significant philosophical and neuroethical debate. Even if memory is considered to be a fundamental element of personal identity, in the context of memory-erasing the autonomy of decision-making seems prevailing. However, there seem to be situations where the overall context in which people might choose to intervene on their memories would lead to view those actions (...) as counterproductive. In this article, I outline situations where the so-called composition effects can produce negative results for everyone involved, even if the individual decisions are not as such negative. In such situations medical treatments that usually everyone should be free to take, following the principle of autonomy, can make it so that the personal autonomy of the individuals in the group considered is damaged or even destroyed. In these specific cases, in which what is called the “conformity to context” prevails, the moral admissibility of procedures of memory-erasing is called into question and the principle of personal autonomy turns out to be subordinate to social interests benefitting every member of the group. (shrink)

Clarifying the nature of possibility is crucial for an evaluation of the phenomenological approach to ontology. From a phenomenological perspective, it is ontological possibility, and not spatiotemporal existence, that has pre-eminent ontological status. Since the sphere of phenomenological being and the sphere of experienceability turn out to be overlapping, this makes room for two perspectives. We can confer foundational priority to the acts of consciousness over possibilities, or to pre-set possibilities over the activity of consciousness. Husserl’s position on this issue (...) seems to change over time. Ultimately, the establishment of a phenomenological perspective must involve a rejection of any hypostatization of pre-set possibilities, but not all implications of this theoretical step seem to be drawn in Husserl’s texts. This paper is devoted to an illustration of how the phenomenological notion of possibility should change when we reject the hypostatization of possibility, that is, when we reject the idea that all acts of consciousness are to be conceived as realizations of pre-set “ideal forms”. We examine this question, first, by trying to clarify the conceptual constellation of “possibility” in Husserl’s texts. This leads to an overall classification of the features of constituted possibilities. Then we distinguish such constituted possibilities from their constituting conditions, which outlines a different sense of “possibility”. In the last instance two “possibilizing” dimensions are shown to lie at the root of all ontic possibilities. This leads to a final suggestion on the nature of the relation between experience and possibility. Actual experiences create the room for possibility: they are possibilizations. In this sense, experience is to be taken as a generative sphere which goes beyond the customary boundary between epistemic and ontological. From this point of view all experience is to be conceived as emergence. (shrink)

Abstract‘[T]he “mainstream” of global governance has changed course’ and in so doing, might well have ‘outrun the standard tools of critical, progressive, and reform-minded international lawyers’, Fleur Johns wrote in 2019. It is especially the critical tools of ‘appeals to history, context, language [and] the grassroots’ in response to universalist planning that Johns sees absorbed in the turn to prototyping as a new ‘style’ of governance. In this article, we take on this observation and explore how the ‘lean start-up mentality’ (...) that Johns described has taken hold of tech-based climate governance. We base our reflections on the ‘Tech for Our Planet’ challenge that took place over 2021 and was showcased at the UNFCCC COP26 in Glasgow. While a turn ‘from planning to prototypes’ is observable, we question how exactly this ‘change of course’ affects the high modernist style of global governance and its critique by international lawyers. The ‘digital solutions for climate challenges’ that were showcased in Glasgow are indeed based on localized experiments with data science, thereby seemingly overcoming high modernist impulses towards universalist ideals. Yet, these experimental prototypes are developed with the ambition of being replicable and scaled up, to become a stack of tools deployable in any given scenario. This form of scaling up neither breaks with modernist aspirations based on technologically-mediated replicability—of moving the same logic inscribed in code to different sites and contexts—nor with a modernist understanding of knowledge as universal in its application. In our analysis, the determining feature is then not so much a matter of planning or prototyping in ideal type forms, but of replicability of knowledge production and scalability of technological know-how that underpin both planning and prototyping. Prototyping in the start-up space does not depart from, but rather reinscribes, a modernist representation of the human subject that forces its epistemological lens onto a world of nonhuman objects amenable to governance. Critical international lawyers’ toolkits must therefore be reconfigured with a focus on a governance style of disembodied knowledge production that runs through both planning and prototyping. (shrink)

In the current debate on theodicy, the problem of animal suffering is becoming increasingly relevant, as demonstrated by some recent books devoted to this topic. Such a problem is particularly challenging for a theistic theodicy, as its traditional arguments do not seem able to deal with it. In the first instance, the article aims to provide a brief overview of the main arguments sustained by theists regarding animal suffering, and secondly to provide an evaluation of such arguments which might be (...) useful for further research on this topic. (shrink)

This essay explores the connection between representation and explanation in the sciences. I suggest that scientific representation schemes be viewed as pragmatic tools for acquiring the sort of articulated awareness that is the hallmark of nontrivial knowledge. Crystal field theory in chemistry illustrates this perspective. Certain representations achieve the status of being paradigmatically explanatory, thereby shaping models of intelligibility. In turn, these explanatory preferences serve largely to define and differentiate disciplinary communities by implicitly endorsing particular epistemic aims and values. In (...) this way, the pragmatic nature of explanatory discourse effectively grants its intellectual utility. (shrink)

ArgumentThis paper argues that Samuel Clarke's account of agent causation (i) provides a philosophical basis for moderate voluntarism, and (ii) both leads to and benefits from the acceptance of partial occasionalism as a model of causation for material beings. Clarke's account of agent causation entails that for an agent to be properly called an agent (i.e. causally efficacious), it is essential that the agent is free to choose whether to act or not. This freedom is compatible with the existence of (...) conceptually necessary connections. Hence, Clarke can harmonize God's freedom of choosing with the existence of eternal and necessary relations among things. Moreover, in Clarke's account, only intelligent entities can be properly understood as efficacious causes. Beings deprived of intelligence are not agents or efficacious causes at all and their effects are thus the result of the immediate action of some intelligent being operating upon them. (shrink)

InThus Spoke Zarathustra(2006), Nietzsche presents Zarathustra as a sage and parodic prophet, who acquires and offers insight over the narrated journey of his spiritual development. Nietzsche’s conception ofZarathustraas a gift (to “all and none”) endorses learning as the kind of emulation condensed into Zarathustra’s complex formulation: rather than “corpses that I carry with me wherever I want... I need living companions who follow me because they want to follow themselves—wherever I want.” Thus I aim, firstly, to follow the text closely (...) to see what is given. However, noting thatZarathustrais deeply imbued with figures of laughter, I also impose an interpretation. “Repeating differently,” as demanded by Zarathustra, I outline a practicable, spiral‐shaped “learning curve” of traversal and return to various “shades of laughter,” advancing from the worst laughters to “goldenlaughter,” which embraces complexity. This represents what it means to laugh well. In so doing, I hope to demonstrate that the complex ethos of affirmative laughter inZarathustraremains strikingly pertinent for a contemporary era urgently tasked with embracing complexity. (shrink)

ABSTRACT Carl Schmitt is generally considered as the father of exceptionalism – the theory that the heart of politics lies in the sovereign power to issue emergency measures that suspend everyday normality. This is why his name comes up anytime state governments, whether liberal or not, impose limits on constitutional rights and freedoms to cope with emergencies. This article problematises such a received understanding. It argues that Schmitt held an exceptionalist view for a limited period of time and that even (...) in that period his thinking cannot be regarded as unshakably exceptionalist. This interpretation offers a new entry point to Schmitt’s overall theory. While it can hardly be defended from allegations of reactionary conservatism, it remains a juristic theory of the legal order that tries to answer the question of what ensures the stability of social life. The backdrop of this view is an institutional theory of law and politics that is hardly reconcilable with any form of exceptionalism. In this light, the core of Schmitt’s thinking turns out to be the exaltation of legal science as a jurisgenerative practice that shelters a community’s institutional practices and the traditional identity. (shrink)