Despite the phenomena of internationalization and Europeanization, legal process remains essentially national in character. However, certain domains of law are already unified. Focusing mainly on the French tradition and its contribution to the construction of a European legal space, this paper: a) criticizes the traditional methods used to manage diversity in law – unifying the law and co-ordinating those legal codes likely to be conflictual; b) studies the debate between universalism and particularism in private international law, a discipline whose essential (...) object is the resolution of the difficulties derived from pluralism; and c) attempts to discern an appropriate path towards a 'renewed universalism' by pursuing a comparative approach which can open the way towards unification but must also be able to preserve the irreducible diversity of law. (shrink)

The Association Henri Capitant des Amis de la Culture Juridique Française and the Société de législation comparée joined the academic network on European Contract Law in 2005 to work on the elaboration of a "common terminology" and on "guiding principles" as well as to propose a revised version of the Principles of European Contract Law. The results of this work were sent to the European Commission and have already been published in French. The English translation is now being published by (...) sellier.elp. This work could contribute to the wider European project. The part on the guiding principles could be a component of the CFR, in the form of "black letter" model rules or recitals. The part on terminology is, in itself, useful for the elaboration of the final various linguistic versions of the CFR. It finds its place within the materials which will accompany the model rules. Last but by no means least, the revised version of the PECL should be considered by the European institutions as an alternative set of model rules on contract law. (shrink)

The prominent burden-sharing principles in the emerging literature of the political theory of climate change fail to sufficiently tackle the task they set out to solve. This paper sets out properties that an alternative principle should aim to meet. Based on these properties, it develops a consequentialist moral principle – the wastefulness principle. This principle holds that it is wrong to waste a shared, scarce resource. The paper argues that this principle can be used to solve the question of who (...) should bear the burdens of anthropogenic climate change in a more suitable way than existing principles. After developing the wastefulness principle, this paper discusses in a non-exhaustive manner how it can be employed in the real world, which challenges it might meet, and how additional principles might solve them. (shrink)

Review of Essays on Spinoza's Ethical Theory edited by MJ Kisner and A Youpa.

Knowledge of what it’s like to have perceptual experiences, e.g. of what it’s like to see red or taste Turkish coffee, is phenomenal knowledge; and it is knowledge the substantial or significant nature of which is widely assumed to pose a challenge for physicalism. Call this the New Challenge to physicalism. The goal of this paper is to take a closer look at the New Challenge. I show, first, that it is surprisingly difficult to spell out clearly and neutrally what (...) the New Challenge is in fact urging the physicalist to explain. What initially look like plausible or promising ways of making sense of it turn out to be either question begging or insufficient to generate a challenge to physicalism at all. I go on to suggest that what the New Challenge may be asking the physicalist to explain may be the fact that we come to token certain higher-order judgments about the significance of phenomenal knowledge. I end with a discussion of the implications of this interpretation of the New Challenge—which turns out to be as much a challenge for the anti-physicalist as it is for the physicalist. (shrink)

Jeff Benedict has seen both good and bad in his career as a journalist. Some of the best are the extraordinary people he has met who have made deliberate choices to live happier lives despite the extreme hardship that each of them have faced. Although life will knock us down from time to time, this book is an important reminder that we all can make a choice to get back up, brush ourselves off, and keep pressing forward. Replace anger with (...) forgiveness through studying the real-life examples of seven inspiring mentors. Avoid discouragement by purposefully recognizing God's hand in your life. Diminish the heartache from tragedy through the concentrated act of serving others. Gain insights from parents who were deliberate in safeguarding their children against harmful influences. Stand strong through life's adversity through the examples of powerful prayer. (shrink)

Comment une école publique d’art en Grande Bretagne a-t-elle été créée, comment a-t-elle évolué au XIXe siècle et quelle fut sa place vis-à-vis de la Royal Academy of Arts? Quelles furent l’incidence et l’importance de l’économie politique utilitariste et plus particulièrement des écrits de J. Bentham sur le goût, l’éthique et l’utilité, dans le développement d’une institution subventionnée par l’État et destinée à l’éducation artistique de la nation? Quels furent les débats et les apories..

La question du caractère opératoire du « territoire » se pose avec acuité en situation transfrontalière. Plusieurs formules institutionnelles et théoriques ont été explorées dans le cas du territoire franco-belge Lille-Kortrijk-Tournai, à l’urbanisation dense et polycentrique, pratiquée historiquement comme région de transit. D’abord, l’Eurométropole, premier Groupement européen de coopération transfrontalière, qui n’a finalement pas abouti à une vision intégrée. Ensuite, une réflexion sur la bio-région unifiée autour d’une vallée, d’une plaine ou d’un bassin permettant de transcender des limites administratives arbitraires. (...) Enfin, le modèle de la « ville horizontale », qui s’est concrétisé par le projet de Parc bleu autour des structures hydrographiques et une urbanisation continue qui s’étend de la Belgique à la Ruhr et la Randstad. L’enjeu est de vivre dans des systèmes territoriaux qui rassemblent, avec multiplicités et interdépendances. (shrink)

Convenons, à la suite de Rastier (2001) notamment, que les textes sont l’objet de la linguistique. Un texte est entendu ici comme « une suite linguistique empirique attestée, produite dans une pratique sociale déterminée, et fixée sur un support quelconque » (Rastier, 2001 : 21), ce qui intègre pleinement diverses formes d’expression (orales comme écrites). Le corpus de textes est alors le terrain privilégié de l’observation de la langue. Lors de la collecte des données, lors de leur enregist...

Offers an analysis of three strongly contrasting primitive civilizations, showing how behavior is influenced by custom and tradition.

By explicitly addressing moral knowledge from a particularists perspective, this book can engage with an established and vibrant area of moral philosophy whilst making a distinctive and productive contribution to a relatively neglected dimension of it.

The decades following the Second Vatican Council witnessed Catholic theology's break from classicism. Deductive, classical theology was replaced by an empirical, historically minded theology. The result was moral confusion and intellectual controversy whose effects are still felt by the Church. Benedict Ashely agreed that some revision in moral theology was necessary after Vatican II to formulate and integrate the mysteries of the Catholic faith. The question was how such teachings could be reformulated while preserving their substantive content. Ashley presents a (...) method of theological reflection that challenges the subjectivity, relationality, and language of historical mindedness with a tradition focusing on Scripture, the Magisterium, sound natural science, and a considered relationship between subjectivity and objectivity. This volume also contains commentary by four distinguished scholars: Matthew McWhorter provides an intellectual biography of Ashley, examining the development of this thought before and after Vatican II. Rev. Cajetan Cuddy, OP, reviews Ashley's philosophical theology in its principles, especially as grounded in natural law philosophy. Matthew Minerd assesses Ashley's approach to the authority of the Catholic Magisterium, the papacy, and the formation of conscience. Rev. Nicanor Pier Giorgio Austriaco, OP, evaluates Ashley's application of his moral theology to beginning- and end-of-life decision-making. (shrink)

Western Self-Contempt travels through civilizations since antiquity, examining major political events and the literature of ancient Greece, Rome, France, Britain, and the United States, to study evidence of cultural self-hatred and its cyclical recurrence. Benedict Beckeld explores oikophobia, described by its coiner Sir Roger Scruton as "the felt need to denigrate the customs, culture and institutions that are identifiably 'ours,'" in its political and philosophical applications. Beckeld analyzes the theories behind oikophobia along with their historical sources, revealing why oikophobia is (...) best described as a cultural malaise that befalls civilizations during their declining days. Beckeld gives a framework for why today's society is so fragmented and self-critical. He demonstrates that oikophobia is the antithesis of xenophobia. By this definition, the riots and civil unrest in the summer of 2020 were an expression of oikophobia. Excessive political correctness that attacks tradition and history is an expression of oikophobia. Beckeld argues that if we are to understand these behaviors and attitudes, we must understand oikophobia as a sociohistorical phenomenon. Western Self-Contempt is a systematic analysis of oikophobia, combining political philosophy and history to examine how Western civilizations and cultures evolve from naïve and self-promoting beginnings to states of self-loathing and decline. Concluding with a philosophical portrait of an increasingly interconnected Western civilization, Beckeld reveals how past events and ideologies, both in the US and in Europe, have led to a modern culture of self-questioning and self-rejection. (shrink)

Background: The phenomenon of forceful physical restraint in pediatric care is an ethical issue because it confronts professionals with the dilemma of using force for the child’s best interest. This is a paradox. The perspective of healthcare professional working in pediatric wards needs further in-depth investigations. Purpose: To explore the perspectives and behaviors of healthcare professionals toward forceful physical restraint in pediatric care. Methods: This qualitative ethnographic study used focus groups with purposeful sampling. Thirty volunteer healthcare professionals (nurses, hospital aids, (...) physiotherapists, and health educators) were recruited in five pediatric facilities in four hospitals around Paris, France, from March to June 2013. The data were processed using NVIVO software (QSR International Ltd. 1999–2013). The data analysis followed a qualitative methodological process. Ethical Considerations: The research was conducted in compliance with the Declaration of Helsinki. Written informed consent was collected systematically from participants. Findings: This study provides elements to help understand why restraint remains common despite its contradiction with the duty to protect the child and the child’s rights. All participants considered the use of forceful physical restraint to be a frequent difficulty in pediatrics. Greater interest in the child’s health was systematically used to justify the use of force, with little consideration for contradictory or ethical aspects. Raising the issue of forceful restraint always triggered discomfort, unease and an outpour of emotions among healthcare professionals. The findings have highlighted a form of hierarchy of duties that give priority to the execution of the technical procedure and legitimize the use of restraint. Professionals seemed to temporarily suspend their ability to empathize in order to apply restraint to carry out a technical procedure. This observation has allowed us to suggest the concept of “transient empathic blindness.” Conclusion: Using physical restraint during pediatric care was considered a common problem by participants. This practice must be questioned, and professionals must have access to training to find alternatives to strong restraint. Conceptualizing this phenomenon with the concept of “transient empathic blindness” could help professionals understand what happens in their minds when using forceful restraint. (shrink)

This article concerns the nature and limits of individuals’ rights to privacy over information that they have made public. For some, even suggesting that an individual can have a right to privacy over such information may seem paradoxical. First, one has no right to privacy over information that was never private to begin with. Second, insofar as one makes once-private information public – whether intentionally or unintentionally – one waives one’s right to privacy to that information. In this article, however, (...) we suggest the moral situation is more complicated than this. Rather, we argue that there is a class of public information – namely, once-private information that individuals have made public unintentionally – which remains within the scope of an individuals’ right to privacy, even when it has passed into the public domain. Significantly, this class includes any information rights-holders were unaware could be inferred from information they have made public and which they would not otherwise have wanted to be in the public domain. As we show, as well as clarifying several everyday dilemmas with regards to individuals’ privacy rights, this finding has elucidates a number of problems in the ethics of Big Data. (shrink)

The increasing pressure from different facets of society exerted on multinational companies to become more philanthropic and claim ownership of their impacts is now becoming a standard practice. Although research in corporate social responsibility has arguably been recent, the application of activities taking a voluntary form from MNCs seem to vary reflecting a plethora of factors, particularly one obvious being the backwater local communities of developing countries where most of the natural extraction projects are located. This chapter examines views of (...) two Papua New Guinea local communities hosting large-scale mining operations and explains the demands arising from situational relativities, which are becoming too conspicuous for mine developers not to ignore. The research undertaken with several assertions highlights the perceived imperativeness allowing companies to integrate the CSR into the essential management pursuits of running mines in PNG. (shrink)

Issues of methodology are central to the philosophy of moral progress. However, the idea that effective moral methodology, as well as being instrumental to progress, might also constitute progress has not been adequately explored. This paper will critically assess the merits of this idea – what I call ‘pure proceduralism about moral progress’ – taking Philip Kitcher's recent theory of ‘democratic contractualism’ (2021) as a test case. An epistemology of pure procedural moral progress will be sketched: namely, a naturalised epistemology (...) of paradigmatic instances of moral progress. Assuming an ideal procedure exists and has been at least approximately instantiated (an empirical claim), we learn about its form by studying paradigms of historical moral progress. From this epistemological method will be derived theoretical constraints on what can count as a theory of moral progress per se: it must capture the core semantic constraints on the term ‘moral progress,’ those features without which we would not recognise a change as moral progress. While this poses a tougher challenge for pure proceduralism than for more traditional approaches to moral methodology, it will be concluded that the potential of pure proceduralism as a viable metaethics of moral progress remains an exciting open question. (shrink)

This book provides much new thinking on the phenomenon of whole person education, a phenomenon which features strongly in East Asian universities, and which aims to develop students intellectually, spiritually, and ethically, to master critical thinking skills, to explore ethical challenges in the surrounding community and to acquire a broad based foundation of knowledge in humanities, society and nature. The book considers different approaches to whole person education, including Confucian, Buddhist, and Chinese perspectives, Western philosophy and religion and interdisciplinary approaches. (...) Overall, the book provides a comprehensive overview of whole person education, why it matters and how to implement it. Moreover, although the examples in the book are from East Asia, the discussion and the values involved are universal, important for the whole world. (shrink)

In his Nicomachean Ethics’ commentary , Johannes Buridan, called by the historiography ‘the philosopher of freedom’, examines the problem of libertas from the individual and psychological point of view but also from the social and political point of view. The parisien master reconciles the both aspects of the concept by articulating liberty and sociality, freedom and friendship in a moral way of thinking.

The concept of subjectivity is one of the most popular in recent scholarly accounts of music; it is also one of the obscurest and most ill-defined. Multifaceted and hard to pin down, subjectivity nevertheless serves an important, if not indispensable purpose, underpinning various assertions made about music and its effect on us. We may not be exactly sure what subjectivity is, but much of the reception of Western music over the last two centuries is premised upon it. Music, Subjectivity, and (...) Schumann offers a critical examination of the notion of musical subjectivity and the first extended account of its applicability to one of the composers with whom it is most closely associated. Adopting a fluid and multivalent approach to a topic situated at the intersection of musicology, philosophy, literature, and cultural history, it seeks to provide a critical refinement of this idea and to elucidate both its importance and limits. (shrink)