Deliberation and Decision explores ways of bridging the gap between two rival approaches to theorizing about democratic institutions: constitutional economics on the one hand and deliberative democracy on the other. The two approaches offer very different accounts of the functioning and legitimacy of democratic institutions. Although both highlight the importance of democratic consent, their accounts of such consent could hardly be more different. Constitutional economics models individuals as self-interested rational utility maximizers and uses economic efficiency criteria such as incentive compatibility (...) for evaluating institutions. Deliberative democracy models individuals as communicating subjects capable of engaging in democratic discourse. The two approaches are disjointed not only in terms of their assumptions and methodology but also in terms of the communication - or lack thereof - between their respective communities of researchers. This book provides a comprehensive overview of the recent debate between the two approaches and makes new and original contributions to that debate. (shrink)

Institutional economics and discourse theory stand unconnected next to each other, in spite of the fact that they both ask for the legitimacy of institutions (normative) and the functioning and effectiveness of institutions (positive). Both use as theoretical constructions rational individuals and the concept of consensus for legitimacy. Whereas discourse theory emphasizes the conditions of a legitimate consensus and could thus enable institutional economics to escape the infinite regress of judging a consensus legitimate, institutional economics has a tested social science (...) paradigm (rational choice) of explaining and predicting the functioning of institutions. The article outlines a theoretical synthesis of the two theories by finding points in common and possibilities of fruitful combinations concerning the problem of legitimacy, institutional design and effectiveness of legal norms. (shrink)

Institutional economics and discourse theory stand unconnected next to each other, in spite of the fact that they both ask for the legitimacy of institutions (normative) and the functioning and effectiveness of institutions (positive). Both use as theoretical constructions rational individuals and the concept of consensus for legitimacy. Whereas discourse theory emphasizes the conditions of a legitimate consensus and could thus enable institutional economics to escape the infinite regress of judging a consensus legitimate, institutional economics has a tested social science (...) paradigm (rational choice) of explaining and predicting the functioning of institutions. The article outlines a theoretical synthesis of the two theories by finding points in common and possibilities of fruitful combinations concerning the problem of legitimacy, institutional design and effectiveness of legal norms. Key Words: consensus • discourse theory • effectiveness of legal rules • institutional design • legitimacy • new institutional economics. (shrink)

Is there a link between how a firm manages its internal and external stakeholders? More specifically, are firms that give employees stock ownership and more say in running the enterprise more likely to engage with external stakeholders? This study seeks to answer these questions by elaborating on mechanisms that link employees to external stakeholders, such as the community, suppliers, and the environment. It tests these relationships using a sample of 347 private, mostly small-to-medium size firms, which completed a stakeholder impact (...) assessment organized by the non-profit B Lab. The results support the hypotheses that both employee ownership and employee involvement are positively associated with external stakeholder engagement. Further, we found that certification plays a role, as employee ownership contributes to external stakeholder engagement only in certified B Corporations, and not in firms that merely completed the B Lab Impact assessment. Our findings have import for stakeholder engagement frameworks, as we show that there is interplay between internal employee stakeholders and external stakeholders that may be important to overall firm–stakeholder management. (shrink)

Deux préjugés ont grevé la réception de l'œuvre d'Arendt, en particulier en France. L'un : que l'étude des " origines du totalitarisme " et de sa nature (comme modèle politique portant bien au-delà du prototype nazi) ne définirait pas seulement le point de départ de ses questions, mais en bornerait les enjeux. L'autre : qu'à travers les étapes et les détours d'une pensée de la politique et de l'histoire contemporaines, elle n'aurait tendu qu'à rejoindre la tradition philosophique (la méditation sur (...) " la vie de l'esprit "). Convoquant tour à tour l'analyse des révolutions, la critique du travail et du mouvement ouvrier, le questionnement sur la publicité, la société du spectacle et la capacité de juger, le présent ouvrage entend restituer ce qui fait l'originalité de la réflexion d'Arendt sur l'histoire et la politique. Il la replace dans la lignée de Machiavel, de Montesquieu et de Tocqueville, dans la confrontation déterminante avec Marx, dans l'opposition constante à la philosophie politique. Justifiant la posture non-philosophique qu'elle n'a cessé de revendiquer. Démontrant par là même quel bénéfice réel la philosophie peut tirer d'une provocation qui l'expose à la puissance sauvage de l'événement, et à l'étonnement qu'il doit susciter. (shrink)

Publications of the series include the official proceedings of the ALWS-conferences and of their special workshops. The series is open also for other high-quality publications, especially on the philosophy of Ludwig Wittgenstein and its influence on contemporary analytic philosophy.

The concept of the ‘material’ was the focus of much feminist work in the 1970s. It has always been a deeply contested one, even for feminists working within a broadly materialist paradigm of the social. Materialist feminists stretched the concept of the material beyond the narrowly economic in their attempts to develop a social ontology of gender and sexuality.Nonetheless, the quality of the social asserted by an expanded sense of thematerial – its ‘materiality’ – remains ambiguous. New terminologies of materiality (...) and materialization have been developed within post-structuralist feminist thought and the literature on embodiment. The quality of ‘materiality’ is no longer asserted – as inmaterialist feminisms – but is problematized through an implicit deferral of ontology in these more contemporary usages, forcing us to interrogate the limits of both materialist and post-structuralist forms of constructionism. What really matters is how these newer terminologies of ‘materiality’ and ‘materialization’ induce us to develop a fuller social ontology of gender and sexuality; one that weaves together social, cultural, experiential and embodied practices. (shrink)

Pour les révolutionnaires américains, Montesquieu est d’abord une figure d’autorité dont on révère les « axiomes ». Mais durant le débat très virulent auquel donne lieu la Constitution fédérale, ce sont les « antifédéralistes » qui invoquent le plus souvent son autorité, pour refuser la possibilité d’une république étendue, revendiquer une stricte « séparation » des pouvoirs, déplorer l’effacement de la vertu, etc. Ils contraignent donc les fédéralistes à une réponse paradoxale. Il s’agit de lire Montesquieu plus finement et d’en (...) assimiler les leçons tout en récusant de plus en plus fermement son autorité, au nom de l’exorcisme de l’héritage historique (tout particulièrement anglais) et de la rumination de l’expérience propre. Montesquieu est d’autant plus présent qu’il est rejeté, ce qui engage un tout nouveau rapport à l’histoire et à la tradition. (shrink)

Intersectoral collaboration (IC) plays a significant role in the delivery of diabetes care and treatment of patients with type 2 diabetes (DM2), as the treatment and care of these patients take place in both primary care and specialist settings. The collaboration involves a large number of actors from primary and secondary healthcare sectors, who are expected to fulfil various roles when they engage in IC. We explored the actors' roles by applying the framework of positioning theory with the aim of (...) revealing seemingly embedded understandings of such roles. The empirical data consisted of individual and focus group interviews. Our results indicate that naturalised understandings of the roles of actors interact with the way in which health professionals, patients, managers and relatives strive to develop IC that aims to help and guide patients who live with DM2. (shrink)

The object of this article, which analyses Statesman 291a1-303d3, is to show how the good, the object of politics qua knowledge, makes the regime with which it is associated a utopia. The good cannot be actualized anywhere in the sensible realm, because no city can be governed without laws, and the laws define what is good most often for the greatest number. A government of the good, without laws, is a utopia, but the laws, to the extent that they aim (...) at the common interest, are in themselves the imprint of the good. I defend the thesis, at first sight paradoxical, that the true politicians are not those who know the good and imitate it, but those who recognise the utility of laws and agree to submit themselves to their authority. Thus Plato dismisses all existing regimes as sophistic regimes where power is exercised in the interest of the rulers and not of the ruled. Not every regime, however, bears the imprint of the good equally. By making politics a branch of knowledge, Plato imposes a numerical criterion on the classification of regimes; he crosses the criterion of number with that of law. I therefore argue for another paradox: the best possible regime is a monarchy in which the rulers obey the laws, the best existing regime is none other than democracy. (shrink)

Que ce soit à l’occasion d’un exercice académique obligé, dans les marges de l’activité théorique, ou bien qu’il s’agisse d’un exercice philosophique destiné à tester la cohérence et la solidité d’un « système », la philosophie produit du biographique, selon les modalités et les régimes discursifs les plus divers. Depuis l’Antiquité, des philosophes compilent discours et anecdotes, et font l’exégèse d’une doctrine dans une perspective tantôt apologétique, tantôt critique – que l’on songe, par...

The contemporary global language “extinction crisis” has been analyzed by several influential linguists using concepts from ecology. In this article we study different reaction-diffusion models to explain the dynamics of language competition. We are mainly interested in situations where one language has a status advantage compared with the other. We consider previous applications of competition models from ecology, with particular attention to the implications of the “carrying capacity” term in such models. We derive existence as well as stability conditions for (...) the equilibria of the models considered, and show that depending on environmental conditions both situations—coexistence of competing languages or extinction of the less advantageous language—are possible. (shrink)

During mitosis, cells comprehensively restructure their interior to promote the faithful inheritance of DNA and cytoplasmic contents. In metazoans, this restructuring entails disassembly of the nuclear envelope, redistribution of its components into the endoplasmic reticulum (ER) and eventually nuclear envelope reassembly around the segregated chromosomes. The microtubule cytoskeleton has recently emerged as a critical regulator of mitotic nuclear envelope and ER dynamics. Microtubules and associated molecular motors tear open the nuclear envelope in prophase and remove nuclear envelope remnants from chromatin. (...) Additionally, two distinct mechanisms of microtubule‐based regulation of ER dynamics operate later in mitosis. First, association of the ER with microtubules is reduced, preventing invasion of ER into the spindle area, and second, organelle membrane is actively cleared from metaphase chromosomes. However, we are only beginning to understand the role of microtubules in shaping and distributing ER and other organelles during mitosis. (shrink)

Ethically challenging or controversial medical procedures have prompted increasing requests for the exercise of conscientious objection, and caused concerns about how and when it should be practised. This paper clarifies definitions, especially with regard to discrimination, and explores the restrictions, duties, and practical limitations, in order to suggest criteria for its practice. It also argues that a conscientious refusal to treat, where there is therapeutic doubt, is a valid form of conscientious objection. An email survey sent to General Practitioners (GPs), (...) explored the adherence to the suggested criteria, and assessed the outcomes, in terms of acceptability, impact, and difficulties experienced by the GPs, their colleagues and their patients. The results demonstrate high acceptability of conscientious objection, and better outcomes when the suggested criteria are adhered to. The GPs would support education to improve the practice of conscientious objection to a professional level, which could further improve outcomes and acceptability. (shrink)

Lorsqu’il fait référence, dans les traités 31 (V,8) et 48 (III,3) à la beauté d’Hélène, Plotin reprend un topos de la littérature grecque antique. Après avoir rappelé les différentes interprétations de cette figure controversée, on examine ici la façon dont Plotin, tout en rejoignant certaines de ces interprétations, retravaille ce topos (dans le cadre de sa polémique contre les Gnostiques) pour lui donner un sens nouveau.

In lieu of an abstract, here is a brief excerpt of the content:Philosophy of Music Education Review 12.1 (2004) 64-66 [Access article in PDF] Response to Bennett Reimer, "Once More with Feeling: Reconciling Discrepant Accounts of Musical Affect" Anne Sinclair Indiana University Mary Reichling's exploration of form, feeling, and isomorphism in the writings of Susanne Langer accomplishes its goal to examine and elucidate aspects of these concepts. I find several of the ideas presented very engaging. Musical form and feeling (...) are very real to me in my experience as a music and liturgy director in the Catholic Church. I wholeheartedly agree with the concept of the processual nature of both, which has been well articulated. In my life experience, the musical form, the feeling inherent in it, and its process of coming to life in a given moment, is a near-weekly event. The church continually solemnizes life events, and musical form is an integral part of that solemnization. My response centers on the following claim: "Feeling is not a product but a process, it follows that the feeling ends when the music stops"; and question, "How can it be educational?"The example of the drama, King Lear, is very interesting. Indeed, as we get caught up in the action of the production, we become connected to the feelings and lives of the characters. I agree that it might be easier to experience feeling in a drama or epic, rather than in the visual arts, or in our sonorous art. The drama connects us to the human condition and we "feel" for the characters. In my position [End Page 64] as a liturgist, I find myself in a situation similar to that of the director of a play. Indeed, at times there is a very fine line between drama and good liturgy. However, in the liturgy we are connecting with real lives, the lives of our assembly members, not the lives of fictitious characters. Good musician liturgists strive to give voice to the emotions of the assembly. While I admit this is not always accomplished in weekly Sunday liturgies, I think especially of funeral liturgies where the music strives to speak of the hope and promise of eternal life for the departed loved one and also of the feelings of grief experienced by the assembled family and friends.I take issue with the idea "that the feeling stops when the music does." Throughout the body of the paper, Reichling highlights Langer's ideas on music's "sonorous image of feeling in an imaginatively perceptible form" and her use of the terms "semblance," "illusion," and "virtual" in regard to feeling. However, in contemplating the points brought forth, I mentally wrestled with the idea of feeling stopping when the music did. Could this position be held because it was based on what might be referred to as a "virtual" experience (for example, a musical concert or show) rather than a "real-life" moment?During the process of this contemplation, I had the occasion to attend the funeral of a friend's husband. This funeral occurred in a faith tradition other than Catholicism and I participated in the service as a member of the congregation. My friend is a music educator, her husband had been a musician, and both had been active in the music ministry of their church for nearly thirty years. As one might imagine, music was a central element in the solemnization of this man's life. The music was brought to life by an extraordinary group of musicians, including many graduate students and faculty members of the Indiana University School of Music. The music was superb and each piece had relevance to the life being celebrated as well as to the moment at hand, saying goodbye. The choir was wonderful, sharing movements from both the Brahms and Fauré Requiems, which were very moving. The soloist was renowned soprano, Sylvia McNair, an "adopted" member of the family since her days years ago as an Indiana University graduate student. Musical form and feeling came together in a powerful way for me during her singing of Fauré's Pie Jesu as she... (shrink)

Journal of Philosophy of Education, EarlyView.

A reference volume and playful devotional object based on the author's research into color theory informed by psychology, mysticism, and early modernism. The Color-Word Value Index has 44 word pairings; 10 colors; 5 suits; and values of positive, negative, and neutral"--Women's Studio Workshop website, viewed December 14, 2021.

Over the last twenty years the debate over the origin of modern Man has broadened, the supporters of a theory of regional diversification of Homo sapiens being often opposed by those holding to the single source theory (the ‘Out of Africa’ model). At the same time, the idea of Homo neanderthalensis as a separate species was being resurrected, supported by bone classification typology and drawing on arguments derived from palaeogenetic analyses, which buttressed the case for the existence of distinct species (...) and for privileging an African origin for modern humans. The prospects offered by palaeogenetic research to find answers for the questions concerning the relationship between modern humans and Neanderthals throw up numerous questions and all the obstacles have not yet been removed. Palaeoanthropology, from its point of view, casts major doubt on the thesis according to which man has always evolved in the same direction. (shrink)

La législation de l’an II (1793-1794) qui pendant quelques brèves années va permettre d’égaliser les droits des enfants naturels et des enfants légitimes, a des effets inattendus et durables sur notre droit. Loin de faire le lit de l’égalité entre tous les enfants, elle organise une extension des droits sans obligation nouvelle de leurs pères, au détriment des mères non mariées et de leurs enfants non désirés et non reconnus. La Révolution maintient la puissance du patriarcat jusque dans son droit (...) le plus individualiste et prépare son institutionnalisation par le Code civil. (shrink)

L’article de Nelson Goodman que nous traduisons ici, « Seven Strictures on Similarity», a été publié dans le recueil Problems and Projects [Goodman 1972]. Ce dernier ouvrage n’a pas fait l’objet d’une traduction exhaustive en français, sans doute parce qu’il contient nombre d’articles fort techniques, qui demandent une connaissance préalable des travaux de Goodman en logique, en épistémologie et en philosophie du langage. Cependant, plusieurs textes de ce recueil revêtent un intérêt majeur ta...

There are, broadly speaking, two kinds of knowledge—analytic and intuitive, explicit and tacit. Analytic knowledge is arrived at by logical deductive thinking, and is a sequential thought process in which each step can be explained and defended. Intuitive knowledge, in contrast, is frequently alogical or nonrational, and often involves nonconscious mental processes. Though intuitive ways of knowing are essential to both scientific research and scientific medicine, the culture of medicine celebrates only the analytic, evidentiary kind of knowledge, while eschewing intuition (...) as being “nonscientific.” The popularity and prevalence of what is known as evidence-based medicine reflects this bias in favor of the analytic and the explicit. Though the evidence-based approach has contributed greatly to standardizing medical care, favoring treatments for which there is evidence of effectiveness, it has limitations. An overreliance on evidence-based medicine is problematic, because this approach leaves out important factors in the actual practice of clinical medicine such as diagnosis, nonverbal cures provided by patients, and the way the doctor–patient relationship bears on patient management and compliance, and because it is not appropriate for dealing with medical conditions that do not lend themselves to study by controlled clinical trials. (shrink)

SIRI would like to acknowledge with regret that my sentence, of which Ms Stevens quotes half, is convoluted. A book review1 is necessarily condensed and perhaps if it creates a problem it is best to read the book. But, in the complex legal, moral and ethical dilemmas arising in subjects such as confidentiality, it is highly dangerous to take half a sentence out of context and use it to discuss a separate agenda, ie secrecy within the National Health Service .I (...) would …. (shrink)

The standard process for starting anamnesis in the follow-up cancer consultation is for the doctor to ask a ‘How are you?’ question. This question gives the patient the opportunity to give a gloss of their general condition and offer the first topic of discussion. Findings in earlier analyses of US and UK data in a broad array of medical contexts show that the question is ambiguous and hence patients may interpret it as social rather than medical. A discourse analysis of (...) a corpus of 28 video-taped consultations shows that the ‘How are you?’ question in the context of Dutch follow-up cancer consultations is consistently interpreted by both doctor and patients as a holistic medical question, making relevant a – frequently complex and nuanced – medically oriented response. We suggest that this difference may have to do with the interactional norms of hospital visits in the Netherlands, and with the specific contextual parameters of return visits, more specifically with follow-up cancer consultations, which affect the way the HAY question is placed, intended and understood. (shrink)

This book provides an accessible introduction to jurisprudence and legal theory. It sets out a course of study that offers a highly effective series of introductions into a wide variety of theories and theoretical perspectives, from traditional approaches such as Natural Law to modern ones such as Feminist Theory, Economic Analysis of Law and Foucault and Law, The book is designed for students of jurisprudence and legal theory, but it will also assist those studying law and legal systems within courses (...) on Political Science, Philosophy and Sociology. (shrink)

Medicine, Power, and the Law demonstrates that criminal and civil justice interact with medicine and public health more than is presently understood. The book focuses on the role of healthcare practitioners and an array of other professionals across industries in identifying wrongdoers, reporting behavior, and testifying on behalf of the state or government agencies. It also covers circumstances in which law enforcement relies on medicine for evidence or support in ways that compromise medical ethics. By reporting or testifying as experts, (...) a range of people, from specialist pediatricians to flight attendants, can have a life-changing impact on individuals in the name of public health or medicine. People who work in hospitals, social work settings, and even airlines, often contribute to wrongful and aggressive criminal and civil actions against society's most vulnerable people, including parents, older adults, and people living with poverty. The book explores a number of examples, including police use of medicine as a restraint or the collection of blood as evidence and the risks of opting out of certain scientific discoveries, such as pharmaceuticals. It describes the harms that may come to those who engage in suboptimal but generally heretofore legal child-raising behaviors, and people opting to live independently as older adults. These can lead to civil and criminal charges when noticed by those in a position of power. Medicine, Power, and the Law is an important contribution for researchers and practitioners in medicine, the law, and the expanding field of bioethics. (shrink)