Research on women's preponderance among animal rights advocates explains it exclusively as a product of women's socialization, emphasizing a relational orientation of care and nurturing that extends to animals. The authors propose a more structural explanation: Women's experiences with structural oppression make them more disposed to egalitarian ideology, which creates concern for animal rights. Using data from a 1993 national sample, the authors find that an egalitarian gender ideology is a key difference in women's and men's routes to animal rights (...) advocacy: It differentiates those more likely to endorse animal rights among women but not among men. Neither this ideology nor other variables in the analysis, however, account for women's greater overall support of animal rights in the combined sample. Reasons for this latter finding are explored. (shrink)

Based on the 2019 A.V. Elliott Conference on Great Books and Ideas at Mercer University, eleven scholars take up some of the complex questions that emerge when one considers carefully how Plato presents democracy and liberty in the dialogues, particularly in terms of the threats they seem to pose to justice and philosophy. When Athens lost the Peloponnesian War, the Athenian people also lost their democratic constitution for a brief but brutal time. Plato wrote his dialogues and founded his Academy (...) in the early days of Athens's newly restored democratic regime, the regime that executed Socrates. But, he set most of the dialogues in the days leading up to Athens's downfall. Plato presents Socrates as so deeply committed to Athens that he would not consider living anywhere else, even when the Athenians intend to execute him. The authors whose essays are collected in this volume explore these tensions deeply and with great attention to the subtleties and complexities of Plato's texts. (shrink)

Michel de Montaigne begins his magisterial ESSAIS by telling his readers that he, himself, is the matter of his book. He says that he has written himself so that after death he could remain in the world with those who knew and loved him. Montaignes intimate project, meant to be read by friends, has emerged as one of the most surprising and compelling accounts of the human condition ever written. Although Montaigne famously retired from public life to write his essais, (...) neither his concerns nor the activities recounted in ESSAIS is purely private. This volume of essays, based on papers presented at The A.V. Elliott Conference for Great Books and Ideas sponsored by Mercer Universitys McDonald Center for Americas Founding Principles, focuses on the outward oriented political philosophy of Montaigne. Contributors include Ann Hartle, Daniel Cullen, Christine Henderson, Eduardo Velasquez, Kevin Honeycutt, and Christopher Edelman. (shrink)

In Pro Murena, Cicero argues that Cato’s rigid philosophical comportment to politics reflects a mistaken understanding both of philosophy and of politics. By implication, he suggests that there is an approach to philosophy that is compatible with political leadership. Specifically, he argues that a thoroughgoing commitment to the philosophy of the Platonic Academy (i.e., Academic Philosophy) is entirely compatible with a thoroughgoing commitment to political leadership in the late Roman Republic. This essay looks at the most famous treatment of philosophical (...) leadership in the Platonic corpus, the philosopher ruler of the Republic, and asks to what extent Cicero’s depiction of politics and philosophy is consonant with that account. (shrink)

It is conventional to argue that the city-soul analogy of Plato’s Republic dominates Books ii through iv and viii through x but is absent in Books v through vii. We argue that the analogy remains operative in Books v through vii and that its role there, especially as it is played out in the motif of the three waves, illuminates its function in the dialogue as a whole, particularly with respect to the questions: What are the natural dispositions of soul (...) necessary for philosophy? What are the necessary and sufficient conditions for philosophical education? (shrink)

Plato's most magisterial dialogue, the Republic, takes up the question "what is justice," and its central image is an imaginary city constructed in speech designed to aid in this inquiry. In Book V of the Republic, Socrates tells his interlocutors that they have completed the "Male Drama," of the city in speech and that it is now time for them to take up the "Female." The "Female Drama" is Socrates name for the action of the central books of the Republic: (...) V-VII. Much has been made of what this transition in the Republic signifies for political questions. The Republic is not only concerned with politics or political justice, however. Like all of the images and arguments in the Republic, the Female Drama of the city in speech has meaning both for political and individual justice, but there has been no systematic inquiry into the central books of the Republic for their meaning for individual justice. That is the ambition of this book. On the level of moral psychology, Thomas argues that while the Male Drama of Books II-IV presents images of fully formed versions of the psychological activities that come together to define justice in a human life, the Female Drama explores the modes of potentiality and becoming necessary for those psychological activities to come into being. More specifically, Books V-VII explore the three modes of potentiality necessary for the development of justice: genesis, trophe, and paideia. (shrink)

THE MOST SACRED FREEDOM includes eight essays that were first presented at the 2014 A.V. Elliott Conference on Great Books and Ideas, the seventh annual conference sponsored by Mercer Universitys Thomas C. and Ramona E. McDonald Center for Americas Founding Principles. Together, these essays explore the great principle of religious liberty by charting its development in the Western tradition and reconsidering its place at Americas founding. The book begins with a comparison between the flood accounts in Genesis and the Mesopotamian (...) Atra-Has's and advances all the way to the 2014 Supreme Court case Burwell v. Hobby Lobby. The intervening chapters examine the contributions of figures such as Emperor Julian, Roger Williams, Cecilius Calvert, John Locke, Jean-Jacques Rousseau, and the American Founders. Contributors to the volume are Steven Grosby, Jeremiah H. Russell, Maura Jane Farrelly, Daniel Cullen, John Witte, Jr., Scott Yenor, David Ramsey, and Michael Novak. (shrink)

Recent advances in machine learning methods have created opportunities to eliminate unfairness from algorithmic decision making. Multiple computational techniques (i.e., algorithmic fairness criteria) have arisen out of this work. Yet, urgent questions remain about the perceived fairness of these criteria and in which situations organizations should use them. In this paper, we seek to gain insight into these questions by exploring fairness perceptions of five algorithmic criteria. We focus on two key dimensions of fairness evaluations: distributive fairness and procedural fairness. (...) We shed light on variation in the potential for different algorithmic criteria to facilitate distributive fairness. Subsequently, we discuss procedural fairness and provide a framework for understanding how algorithmic criteria relate to essential aspects of this construct, which helps to identify when a specific criterion is suitable. From a practical standpoint, we encourage organizations to recognize that managing fairness in machine learning systems is complex, and that adopting a blind or one-size-fits-all mentality toward algorithmic criteria will surely damage people’s attitudes and trust in automated technology. Instead, firms should carefully consider the subtle yet significant differences between these technical solutions. (shrink)

Background When anti-cancer treatments have been given market authorization, but are not (yet) reimbursed within a healthcare system, physicians are confronted with ethical dilemmas. Arranging access through other channels, e.g., hospital budgets or out-of-pocket payments by patients, may benefit patients, but leads to unequal access. Until now, little is known about the perspectives of physicians on access to non-reimbursed treatments. This interview study maps the experiences and moral views of Dutch oncologists and hematologists.Methods A diverse sample of oncologists and hematologists (...) (n = 22) were interviewed. Interviews were analyzed thematically using Nvivo 12 qualitative data software.Results This study reveals stark differences between physicians’ experiences and moral views on access to anti-cancer treatments that are not (yet) reimbursed: some physicians try to arrange other ways of access and some physicians do not. Some physicians inform patients about anti-cancer treatments that are not yet reimbursed, while others wait for reimbursement. Some physicians have principled moral objections to out-of-pocket payment, while others do not.Conclusion Oncologists and hematologists in the Netherlands differ greatly in their perspectives on access to expensive anti-cancer treatments that are not (yet) reimbursed. As a result, they may act differently when confronted with dilemmas in the consultation room. Physicians working in different healthcare systems may face similar dilemmas. (shrink)

This interview study investigates the short- and long-term implications of incidental findings detected through brain imaging on research participants’ lives and their surroundings. For this study, nine participants of the Rotterdam Scan Study with an incidental finding were approached and interviewed. When examining research participants’ narratives on the impact of the disclosure of incidental findings, the authors identified five sets of tensions with regard to motivations for and expectations of research participation, preferences regarding disclosure, short- and long-term impacts and impacts (...) on self and others. The paper shows: that the impact of incidental findings may be greater than participants at first let on; incidental findings can have significant effects on participants’ social environment; and participants may not feel prepared for disclosure even if incidental findings have been discussed during the informed consent process. The authors call for investigators to be aware of research participants’ experiences and these short- and long-term impacts when designing suitable courses of action for the detection and management of incidental findings in research settings. (shrink)

In pluralist societies, stakeholders in healthcare may have different experiences of and moral perspectives on health, well-being, and good care. Increasing cultural, religious, sexual, and gender diversity among both patients and healthcare professionals requires healthcare organizations to address these differences. Addressing diversity, however, comes with inherent moral challenges; for example, regarding how to deal with healthcare disparities between minoritized and majoritized patients or how to accommodate different healthcare needs and values. Diversity statements are an important strategy for healthcare organizations to (...) define their normative ideas with respect to diversity and to establish a point of departure for concrete diversity approaches. We argue that healthcare organizations ought to develop diversity statements in a participatory and inclusive way in order to promote social justice. Furthermore, we maintain that clinical ethicists can support healthcare organizations in developing diversity statements in a more participatory way by fostering reflective dialogues through clinical ethics support. We will use a case example from our own practice to explore what such a developmental process may look like. We will critically reflect on the procedural strengths and challenges as well as on the role of the clinical ethicist in this example. (shrink)

The autobiography of one of the most versatile of American scientists of his generation, the first to be trained largely in his own country. A scientific generalist, Morse has made significant contributions to atomic physics, quantum mechanics, plasma physics, astrophysics, acoustics, machine computation, and operations research. Philip Morse has surely been one of the most versatile of American scientists of his generation, the first to be trained largely in his own country. A scientific generalist, he has made significant (...) contributions to atomic physics, quantum mechanics, plasma physics, astrophysics, acoustics, machine computation, and operations research. His life-long commitment to teaching, through his authorship of a series if standard-setting textbooks and through his personal guidance of unnumbered individual students, has extended this scope to include thermodynamics, statistical mechanics, and the methods of theoretical physics as well. Moreover, as this autobiography relates at a fast-moving pace, Morse has also been involved in the high-pressure concerns of war research, scientific administration and consultation, policy formation, the education of key groups and wider publics beyond the classroom, and the real-world utilization of scientific techniques and discoveries. For all these accomplishments, Morse writes that his experience as a scientist and as a participant in the affairs of his time "has been at the second, rather than at the top, level." It may be that this circumstance of being neat, rather than at, the top makes this autobiography more, rather than less, relevant to other and younger scientists, to those considering a life in science, and to general readers curious as to what such a life is really like. Only a miniscule few reach, say. Einsteinian levels, and their lives and work tend to be unique unto themselves; what Morse reports is truer to the experience of the great majority of the members of the scientific community. While his actual accomplishments, his range, and his eminence certainly far exceed those of a "typical" scientist, they do so more in degree than in kind. Morse's style is straightforward and nontechnical, direct, and personal. Some of the lighter moments and revealingly human incidents of his experience are recorded along with the problems and breakthroughs in the near-private world of pure science and the public worlds of policy, high-level consultation, and practical applications. (shrink)

In mid-2018, following a survey of lesbian, gay, bisexual and transgender groups, the UK government issued a consultation on the proposed reform of the Gender Recognition Act for England and Wales.1 When it was first introduced in 2004, the GRA was considered innovative, even world-leading legislation.2 The act enables any adult to seek to change their legal gender provided several criteria are met. These include: If the applicant is successful, he or she is issued with a ‘gender recognition certificate’, their (...) birth certificate is changed and ‘for all purposes’ they become, legally, their acquired or affirmed gender. Since 2004, cultural change in relation to gender identity has been rapid. During the government’s preliminary survey, several concerns were raised about the GRA, particularly among those who have changed, or who may be seeking to change, their gender. These included: The government has stated that being trans is not a mental illness—more a fact of human diversity. It points to the World Health Organisation’s revision of the International Classification of Diseases, in which ‘gender incongruence’, another term for gender dysphoria, is no longer classed under ‘mental and behavioural disorders’.3 ### Draft proposals for change The government considers the reform of the GRA …. (shrink)

In July 2019, Stella Creasy MP and her team succeeded in attaching an amendment to a largely administrative bill which would require the UK government to liberalise abortion laws in Northern Ireland by 21 October 2019, provided the Northern Ireland government does not resume before that date.1 The amendment succeeded in the Commons, 332 votes to 99 and later, with some adjustments, in the Lords, 182 votes to 37. The Bill received Royal Assent on 24 July 2019. In Northern Ireland, (...) abortion remains a criminal offence punishable by up to life imprisonment in all except exceptional circumstances, that is, where it is ‘necessary to preserve the life of the woman’ or where there is a ‘risk of serious adverse effect which is either long term or permanent’.2 The law makes no provision for women who are pregnant as a result of rape, incest or in the case of fatal fetal abnormality. Because there is a lack of clarity around which circumstances or conditions would have a sufficiently ‘serious and long-term adverse effect’, it has been argued that the law has had a ‘chilling effect’ on service provision.3 As a result, only 13 abortions were performed in Northern Ireland in 2018/2019.4 Instead, more than 1000 women travelled from Northern Ireland to England to access legal abortion services.5 A recent review of the law in Northern Ireland concluded that this situation disadvantages women who cannot afford to or are unable to travel.3 Women are also reportedly purchasing abortifacients unlawfully online, exposing them to the risk of prosecution as well as to risks where the pills are unsafe or lead to complications. Creasey’s amendment requires the Secretary of State for …. (shrink)

The British Medical Association and Royal College of Physicians have published new guidance, endorsed by the General Medical Council, on decision-making about clinically assisted nutrition and hydration and adults who lack capacity to consent. The development of the guidance follows a series of legal cases which has created confusion about the precise circumstances in which an application to the court is required before CANH is withdrawn which has culminated with the decision of the Supreme Court in National Health Service Trust (...) versus Y. 1 This confirmed that there is no requirement to go to court, providing there is agreement as to the patient’s best interests, the provisions of the Mental Capacity Act 2005 have been observed, and the relevant professional guidance has been followed. The new guidance covers all decisions to start, restart, continue, or stop providing CANH in patients who are not imminently dying, in circumstances where CANH is the primary life-sustaining treatment being provided. It goes beyond the category of patients in permanent vegetative state or minimally conscious state who have previously been the subject of court applications, and also covers decisions for patients with neurodegenerative conditions and patients who have suffered a sudden onset brain injury in addition to having multiple comorbidities or general frailty which is likely to impact on life expectancy. It provides a clear statement of doctors’ legal responsibilities, covers the importance of robust best interests’ assessments and sets out the process to be followed for sufficient independent scrutiny of decisions. In light of some of the identified problems with decisions about CANH, a particular focus of the guidance is on the importance of regular best interests’ assessments, and it provides detailed practical guidance about how to approach these. The development of …. (shrink)

Christian miller invites further clarification about the relationship between accountability and autonomy. Whereas embracing accountability to others for one’s responsibilities in those relationships emphasizes relationality, autonomy accents the individual’s own capacities to exhibit agency in enacting one’s decisions. Accordingly, we theorize that relational capacities for empathic concern and perspective-taking are especially important in the virtue of accountability. The capacity for self-regulation may serve both one’s autonomous pursuits and accountability for carrying out one’s responsibilities...

Priority setting is inevitable to control expenditure on expensive medicines, but citizen support is often hampered by the workings of the ‘identified victim effect’, that is, the greater willingness to spend resources helping identified victims than helping statistical victims. In this paper we explore a possible cognitive debiasing strategy that is being employed in discussions on healthcare priority setting, which we call ‘empathy counterbalancing’ (EC). EC is the strategy of directing attention to, and eliciting empathy for, those who might be (...) harmed as a result of one-sided empathy for the very ill who needs expensive treatment. We argue that governments have good reasons to attempt EC because the identified victim effect distorts priority setting in ways that undermine procedural fairness. We briefly outline three areas of application for EC and suggest some possible mechanisms that might explain how EC might work, if at all. We then discuss four potential ethical concerns with EC. First, EC might have the counterproductive effect of reducing overall citizen support for public funding of expensive medical treatments, thereby undermining solidarity. Second, EC may give rise to a ‘competition in suffering’, which may have unintended side effects for patients who feature in attempts at EC. Third, there may be doubts about whether EC is effective. Fourth, it may be objected that EC comes down to emotional manipulation, which governments should avoid. We conclude that insofar these concerns are valid they may be adequately addressed, and that EC seems a promising strategy that merits further investigation. (shrink)

The editors, working with a team of 325 renowned authorities in the field of ethics, have revised, expanded and updated this classic encyclopedia. Along with the addition of 150 new entries, all of the original articles have been newly peer-reviewed and revised, bibliographies have been updated throughout, and the overall design of the work has been enhanced for easier access to cross-references and other reference features. New entries include * Cheating * Dirty hands * Gay ethics * Holocaust * Journalism (...) * Political correctness * and many more. (shrink)

Background Implementing person-centred care (PCC) in nursing homes is challenging due to a gap between theory and practice. Bridging this gap requires suitable education, which focuses on learning how to attune care to the values and preferences of residents and take moral, relational, and situational aspects into account. Staff’s stories about the care they provide (i.e. caring stories) may deliver valuable insights for learning about these aspects. However, there is limited research on using staff's narratives for moral learning. Objective This (...) study aims to provide insight into the perspectives of nursing staff on using their caring stories to learn about PCC. Research design In this qualitative research, we conducted two rounds of interviews with 17 participants working in nursing homes. We wanted to obtain nursing staff’s perceptions of working with their caring stories and the impact on PCC. Ethical considerations Participation was voluntary, and participants provided written consent. The study protocol is approved by The Institutional Review Board of the Medical Ethical Committee Leiden-Den Haag-Delft. Findings Working with caring stories enables nursing staff to provide PCC and improves job satisfaction. It increases awareness of what matters to residents, fosters information rich in context and meaning, and enhances voice and vocabulary. Through in-depth team reflections, nursing staff discussed the significant moments for residents, which centralizes the discussions on the moral quality of care. Discussion Working with caring stories fosters dialogue on PCC and enhances reflection on ethical situations in daily encounters, contributing to the moral development of nursing staff. Putting nursing staff’s narratives at the centre of learning suits their daily practice and intrinsic motivation. Therefore, the outcomes of this study are an addition to the existing literature about using narratives in long-term care. Conclusion Using nursing staff's narratives contributes to PCC and positively impacts nursing staff. We recommend using staff's caring stories as a vehicle for moral learning in the transition to PCC. (shrink)

Coral bleaching has impacted reefs worldwide and the predictions of near‐annual bleaching from over two decades ago have now been realized. While technology currently provides the means to predict large‐scale bleaching, predicting reef‐scale and within‐reef patterns in real‐time for all reef users is limited. In 2020, heat stress across the Great Barrier Reef underpinned the region's third bleaching event in 5 years. Here we review the heterogeneous emergence of bleaching across Heron Island reef habitats and discuss the oceanographic drivers that (...) underpinned variable bleaching emergence. We do so as a case study to highlight how reef end‐user groups who engage with coral reefs in different ways require targeted guidance for how, and when, to alter their use of coral reefs in response to bleaching events. Our case study of coral bleaching emergence demonstrates how within‐reef scale nowcasting of coral bleaching could aid the development of accessible and equitable bleaching response strategies on coral reefs. Also see the video abstract here: https://youtu.be/N9Tgb8N-vN0. (shrink)

It is idle of [J. Hillis] Miller and [Wayne C.] Booth, and [M. H.] Abrams too, to talk about the methodology of interpreting complex literary texts before they have determined what interpretational behavior is in ordinary, mundane, routine, verbal interaction. The explanation for this statement lies in the logical and historical subsumption of literary written texts by all written texts. In the subsumption of written texts by spoken verbal behavior, in the subsumption of spoken verbal behavior by semiotic behavior, and (...) in the subsumption of semiotic behavior by whatever it is we are responding to when we use the word "meaning." If Professor Booth goes into his usual coffee shop to get his morning coffee, and says to the waiter, "I'd like a cup of coffee, please," and the waiter brings it to him, what has happened? What is the methodology of the waiter? It is not absurd to ask why the waiter does not bring the America Cup filled to the brim with unroasted coffee beans, nor why Professor Booth does not say, "I asked you for a cup of coffee, but you have brought me a cup of mostly hot water." Moreover, if Professor Booth searches the literature of linguistics and of psychology in order to locate those studies and experiments which will tell him about the methodology of the waiter, he will find very little. The original program of linguistics set forth a hierarchy of investigation, beginning with phonemics, and going on through morphemics, syntactics, semantics, to pragmatics. But as yet very little has been accomplished above syntactics. Psychologists, at least of the typical academic breed, seem to be unaware of the problem. Morse Peckham, Distinguished Professor of English and Comparative Literature at the University of South Carolina, is the author of Beyond the Tragic Vision, Man's Rage for Chaos, Victorian Revolutionaries, Art and Pornography, Explanation and Power: An Inquiry into the Control of Human Behavior, and two volumes of collected essays, The Triumph of Romanticism and Romanticism and Behavior. (shrink)

BackgroundConcerns about decision making related to resuscitation have led to two important challenges in the courts resulting in new legal precedents for decision-making practice. Systematic research investigating the experiences of doctors involved in decisions about resuscitation in light of the recent changes in law remains lacking.AimTo analyse the practice of resuscitation decision making on hospital wards from the perspectives of doctors.DesignThe data presented in this paper were collected as part of a wider research study of end-of-life care in an acute (...) hospital setting. Data collection comprised ethnographic non-participant observation on two acute hospital wards and individual interviews with patients, relatives and healthcare professionals caring for patients thought to be approaching the end of life. Data were analysed using a constructivist grounded theory approach.ResultsDiscussions and decision making about resuscitation present many challenges for those involved on acute medical wards. The data highlight the potential for multiple interpretations of legal precedents, creating misunderstandings that may impact patient care in less positive ways.ConclusionsThis paper provides unique insights into how doctors respond to the changing medico-legal culture and the subsequent effects on patient care. It demonstrates how the juridification of medical practice can occur. It highlights the potential benefit of a structure to support clinicians, patients and relatives in discussing and navigating decisions around care at the end of life in line with the patient’s wishes and preferences. Recommendations for future research are made and legal ramifications are discussed. (shrink)

We reflect, using a vignette, on conceptual tensions and the value judgements that lie behind difficult decisions about whether or not the older person with dementia should return home or move into long-term care following hospital admission. The paper seeks, first, to expose some of the difficulties arising from the assessment of residence capacity, particularly around the nature of evaluative judgements and conceptual tensions inherent in the legal approach to capacity. Secondly, we consider the assessment of best interests around place (...) of residence, which demonstrates significant conceptual tensions. In addition, ‘best interests’ raise issues around the perception of risk and the perceptions of the family and crucially involve the notions of autonomy and trust. Finally, we not only gesture at some practical considerations based on insights from values-based medicine, but also make the suggestion that we require tighter functional assessments of residence capacity coupled with broader judgements about best interests. (shrink)

Background: Caring for a partner with primary malignant brain tumour can be a dramatic life-changing event. Primary malignant brain tumour is known to give poor life expectancy and severe neurological and cognitive symptoms, such as changed behaviour and personality, which demand greater caring responsibilities from spouses. Aim: The aim of the study is to explore ethical dilemmas spouses experience in the everyday care of a partner in treatment for primary malignant brain tumour. Research design, participants and research context: A phenomenological (...) and hermeneutic qualitative descriptive design was adopted as a method for collecting and analysing data. Ten spouses were interviewed twice using an in-depth, semi-structured interview guide. The interviews took place at the spouses’ homes or at the hospital. Ethical consideration: Ethical matters were considered throughout the research process. Permission from The National Committee on Health Research Ethics and the Danish Data Protection Agency was obtained. Findings: The analysis showed that the spouses perceived daily ethical dilemmas in caring for a partner with primary malignant brain tumour. Their life as well as their partner’s life had changed considerably. The main theme that emerged therefore was ‘oscillating in a changing relationship’. This theme was further elaborated in three subthemes that in more detail demonstrated the dilemmas: ‘doing the right thing in unpredictable daily situations’; ‘torn between patience and guilt’; and ‘living in a time of uncertainty, hope and despair’. Conclusion: Caring for a partner with changed behaviour and personality due to primary malignant brain tumour may involve exhausting ethical caring dilemmas. Spouses’ married life may change to a semi-professional asymmetrical relationship, which is challenged by the oscillation between acting responsibly for their partners’ well-being and caring dilemmas with no answer for what the right thing to do is. Mixed feelings of right and wrong, patience and guilt, hope and despair seem to be spousal companions through their partners’ progressing illness. (shrink)

It is a cliché of self-help advice that there are no problems, only opportunities. The rationale and actions of the BSHS in creating its Global Digital History of Science Festival may be a rare genuine confirmation of this mantra. The global COVID-19 pandemic of 2020 meant that the society's usual annual conference – like everyone else's – had to be cancelled. Once the society decided to go digital, we had a hundred days to organize and deliver our first online festival. (...) In the hope that this will help, inspire and warn colleagues around the world who are also trying to move online, we here detail the considerations, conversations and thinking behind the organizing team's decisions. (shrink)

Des droits fondamentaux au fondement du droit, le lien semble non seulement direct, mais évident. Or l'examen des différents discours théoriques sur le droit montre qu'il n'en est rien. Le livre de Charlotte Girard analyse précisément les différences de traitement du rapport entre ces deux termes dans les discours théoriques juridiques, en particulier ceux qui posent la question du fondement du droit. Soit l'étude des droits fondamentaux se distingue de celle du fondement du droit - les droits fondamentaux ne (...) mènent pas naturellement au fondement du droit -, soit on associe les deux notions - les droits fondamentaux sont au fondement même du droit. Or cette distinction renvoie à ce que la théorie du droit différencie traditionnellement : les approches juspositiviste d'une part et jusnaturaliste d'autre part. La confrontation de ces discours théoriques à la question du fondement du droit, qu'elle se traduise ou non par les droits fondamentaux, révèle une certaine fragilité des présupposés respectifs de ces discours. En réalité, le fondement du droit n'est pas seulement un élément de débat juridique et normatif, mais il relève aussi et surtout d'un débat politique et institutionnel. C'est en effet en raison de son caractère normatif que le fondement du droit - quel que soit le discours qui le porte, y compris le discours juridique théorique - appartient pleinement au champ politique. (shrink)

resumo É possível distinguir ao menos três etapas principais nas abordagens filosóficas da noção de sujeito: na etapa metafísica a estrutura do sujeito é pens a da em termos de substância; na etapa transcendental , o sujeito é visto como polarida de unificadora de horizontes; na etapa psic a na l í t ica, o sujeito é de f i n ido como estrutura vazia. O sujeito tra ns c e nde ntal é uma estrutura para o mu ndo, enqua (...) nto o sujeito psicanalítico precisa ter uma estrutura em si me s mo para estruturar sua ausênc ia ontológica. Para Lacan, essa ausênc ia ont o l ó g ica se torna manifesta me d ia nte a ling ua gem. A estrutura do sujeito é concebida como uma estrutura de significação. Este artigo compara esses três pontos de vista sobre o sujeito e discute que relevância a idéia de estrutura pode ter para a compreensão do conceito. palavras-chave Sujeito metafísico; sujeito transcendental; sujeito psic a nalítico; estrutura; Platão; Kant; Fichte; Lacan. (shrink)