The so-called 'Dutroux-case'- the revelation of the kidnapping and the murder of four underaged girls and the apparent malfunctions of the judiciary and the police forces, was the most important issue on the 1997 political agenda. Unanimously, the Chamber of Representatives agreed upon the recommendations of a parliamentary inquiry into the bungled police investigation. Yet the unanimity disappeared quickly when the recommendations on the reorganisation of the police forces had to be implemented.New revelations of the Dassault-case, and the involvement of (...) both socialist parties, put the government underpressure. The events themselves, and the discontent they caused in some majority parties, urged the government to revise the governmental programme. Guy Spitaels, chairman of the Walloon parliament resigned. Guy Coëme, former minister of Defence, alleged ofpassive corruption in the Dassault-case, was referred to the Supreme Court of Appeal by decision of the Chamber of Representatives. (shrink)

Philosophers have long theorized about which things make people’s lives go well, and why, and the extent to which morality and self-interest can be reconciled. Yet little time has been spent on meta-prudential questions, questions about prudential discourse. This is surprising given that prudence is, prima facie, a normative form of discourse and, as such, cries out for further investigation. Chapter 4 takes up two major meta-prudential questions. It first examines whether there is a set of prudential reasons, generated by (...) evaluative prudential properties, and defends the view that evaluative well-being facts generate agent-relative reasons for the relevant agent. It also investigates whether prudential discourse is normative. It is proposed that prudential discourse is normative by arguing that prudential judgements are normative judgements. The case for this is presented by analogy with moral discourse by showing that the features of moral judgements that metaethicists appeal to when articulating, explaining, and justifying the claim that moral judgements are normative are also possessed by prudential judgements. Various objections to the analogy are also considered. (shrink)

Walls can be physical; they can also be psychological, social, political, economic, and ontological. Theological walls are ontological and typically also moral, though when we break down the “religion/non-religion” distinction and consider other dimensions of religious life beyond doctrinal ones, they are also psychological, social, and increasingly political. Among Enlightenment era philosophers eager to provide a genealogy of religious and political divisiveness was Rousseau, who held that “Those who distinguish civil from theological intolerance are, to my mind, mistaken. The two (...) forms are inseparable.” Yet despite this perceptive critique, contemporary religious apologetics for salvific and/or doctrinal exclusivism still abound. Indeed, self-described “post-liberal” apologetics is often insular, and promotive of the view that polarized and polemical religious apologetics should be taken as a normal state of affairs. In this paper I argue against this view where ‘good fences to make good neighbors.’ The paper aims to explain how post-liberal apologetics has had a significant dampening effect on comparative and global philosophy. But while a critique of post-liberalism’s retrenchment strategies would seem largely negative, the main burden of the paper is to provide a positive response to it, one which reaffirms genuine “engagement” as a method and goal of global philosophy. One key to success in this endeavor is establishing a methodologically proper balance between concerns for similarity and uniqueness, or form and content. I try to show how establishing this balance is better-achieved when comparative philosophy is taken as multi-disciplinary study, able to utilize insights from not just from philosophic and theological traditions but also from psychology and the emerging field of cognitive science of religions. (shrink)

Pedro Abelardo apresenta na sua obra uma teoria da virtude de natureza, à primeira vista, aristotélica. Ao que parece, essa concepção também contém diferentes elementos estoicos, que não se opõem necessariamente à visão do Estagirita. Todavia, o essencial da interpretação da Escola do Pórtico acerca da virtude difere da explicação dada por Aristóteles. No presente estudo, pretendemos examinar, primeiro, a índole da virtude como habitus na obra de lógica de Abelardo. Nesse caso, não há dúvida de que predomina a influência (...) aristotélica. Em seguida, indicamos outras particularidades da virtude encontradas, desta vez, em tratados éticos e teológicos do nosso protagonista, as quais se revelam antes de caráter estoico. Em suma, projetamos identificar as diferentes fontes antigas e os principais intermediários latinos usados por Abelardo para elaborar a sua própria teoria da virtude. Trata-se de deixar clara a influência filosófica dominante em Abelardo sobre essa questão da virtude, já que este lógico não pode harmonizar teses substancialmente inconciliáveis. Peter Abelard in his work presents a theory of virtue, which is, at first sight, of Aristotelian nature. It seems that this view also contains different Stoic elements, but they are not necessarily opposed to Stagirite's vision. However, the essentials of the Stoa School about virtue differ from the explanation given by Aristotle. In this paper, we intend to examine, first, the nature of virtue as habitus in Abelard's work on logic. In this case, there is no doubt that Aristotle's influence on this topic predominates. Next, we specify other features related to virtue found, this time, in ethical and theological treatises of our protagonist that appear to be basically Stoic. In short, we want to identify the different ancient sources and the main Latin mediators used by Abelard to elaborate his own theory of virtue. In other words, we would like to shed light on the predominant philosophical authority on Abelard's theory of virtue since this logician cannot harmonize theses that are fundamentally irreconcilable. (shrink)

European Journal of Philosophy, EarlyView.

Two notions from philosophical logic and linguistics are brought together and applied to the psychological study of defeasible conditional reasoning. The distinction between disabling conditions and alternative causes is shown to be a special case of Pollock's (1987) distinction between ‘rebutting' and ‘undercutting' defeaters. ‘Inferential' conditionals are shown to come in two types, one that is sensitive to rebutters, the other to undercutters. It is thus predicted and demonstrated in two experiments that the type of inferential conditional used as the (...) major premise of conditional arguments can reverse the heretofore classic, distinctive effects of defeaters. (shrink)

A ‘teoria da virtude’ contemporânea enfatiza a necessidade de voltar à formação moral do indivíduo, seguindo o modelo ético disponibilizado por Aristóteles. Segundo MacIntyre, representante importante dessa teoria, o estoicismo favoreceu o desenvolvimento da ética moderna e contemporânea, ao destacar noções como vontade, assentimento e lei natural ou divina. Por conseguinte, o desenvolvimento do próprio agente moral foi negligenciado. No século XII, Abelardo apresenta uma ética híbrida, que mantém, ao mesmo tempo, a teoria aristotélica da virtude e elementos da moral (...) estoica. No presente estudo, consideramos a crítica feita por MacIntyre da ética abelardiana, estimada ser na origem das concepções morais modernas e contemporâneas. (shrink)

Peter Abelard’s (1079-1142) conception of moral sin contains a fundamental element from Stoicism, which is the notion of “consent” (consensus). After the presentation of the essentials of that Abelardian theory, we return to the source of that same idea in ancient and imperial Stoicism. According to their main representatives, “consent” or “assent” (sugkata/qesij) has a determining function not only in ethics, but also in the process of knowledge as well. We emphasize in passing the resemblance between some important components of (...) Stoic epistemology and the theory expounded by Aristotle in the Posterior Analytics on the origin of knowledge. Augustine represents without any doubt one of the main intermediaries through whom this notion of consent is transmitted up to the time of Abelard in the 12th century. Even if he was influenced by the Bishop of Hippo on moral questions in general, Abelard seems to distance himself from Augustine by considering that consent is more a rational matter than a volitional one. (shrink)

The Stoic School takes up the tripartite division of philosophy of the post-Platonic Academy, in which physics occupies, alongside dialectics and ethics, a prominent place. In this tripartition, there is no metaphysics, nor in the two subdivisions of Stoic physics. For the thinkers of the Stoa, there is nothing beyond physics. In spite of this statement, we try to discover, in this article, the presence of a study devoted to first philosophy among the various topics investigated by the Stoics in (...) their physics. It is with this aim that we first examine what precisely Aristotle deals with in the Metaphysics. This preliminary investigation will serve as a point of reference for determining what can be considered as metaphysics, at least in ancient Greece. Afterwards, we are interested in the Stoic view of nature itself since nothing superior exists. This examination leads us to scrutinize the Stoic conception of the Good, a notion closely linked to the subject of physics. We then take a good look at each one of the topics found in the two Stoic divisions of physics, highlighting the matters approaching Aristotelian metaphysics. On that occasion, a specific analysis is devoted to the two Stoic principles, due notably to the relevance of the subject in relation to first philosophy. From the diversity of the elements found in the course of our study, we come to the final part, in which we establish the position of the Stoic School on metaphysics. (shrink)

Chez Paul Tillich, le concept de Dieu s’oppose au modèle « interventionniste » du théisme traditionnel en Occident. Cet article se propose de déterminer si, et en quel sens, d’après Tillich, on peut dire que Dieu agit pour influencer le cours des événements historiques. On soutient que son concept de « pouvoir Spirituel » fournit une réponse à cette question. Pour clarifier cette thèse, on explore les concepts d’esprit, de pouvoir, de sens, de vocation, de kairos et de renoncement au (...) pouvoir. Selon Tillich, la vocation de groupes sociaux déterminés est animée d’un pouvoir divin conférant tout ensemble un don et une tâche. Pour les chrétiens, la vocation de Jésus le Christ, qui consiste à proclamer la venue du Royaume de Dieu comme le sens ultime de l’histoire, constitue le critère permettant de juger les vocations concrètes. Dieu agit en offrant un sens, qui doit être choisi et réalisé. (shrink)

The central question raised in the present article concerns the ontological nature of the intentional act, previous to the proper moral action, in Aristotle’s and Abelard’s thinking. More precisely, we examine two subjects indirectly interconnected. First, we treat the secular problem of the exact nature of will (boulêsis) in Aristotle, which certainly refers to a rational act (logikos), the source of which is, however, the appetite (orexis). The second point is related to the notion of consent (consensus) in Abelard, which (...) also raises the question of its voluntary or rational ontological character. Both topics are connected in so far as the Abelardian consent is similar to the Aristotelian idea of choice (proairesis), and particularly to that of the Stoic assent (sunkatathesis), and not, as some commentators believe, to the Augustinian notion of will as a free and spontaneous act. This identification of the Abelardian consent with the Augustine’s will comes from a confusion, which is more terminological and perspectival than interpretative. (shrink)

Abelard closely follows the Augustinian view with regard to the notion of intention. However, he distances himself from him concerning the contribution of acts in the evaluation of moral responsibility. Independent thinker, the philosopher of the twelfth century, then, uses an ancient Stoic thesis according to which all actions are indifferent, except those related to virtue and vice. He also takes back another idea of the Stoa concerning, this time, the concept of will as habitus. In this paper, we first (...) expound Abelard’s position on these issues before presenting the main sources to which he has access directly. (shrink)

Les « approches » ou « démarches compétences » sont à l’ordre du jour et se multiplient dans les entreprises, les organisations, les administrations publiques, les universités. Mais permettent-elles de faire confiance aux professionnels concernés? Constatant que la plupart de ces démarches sont fondées sur des additions et des classifications de compétences, j’ai créé, dès 1994, la définition de la compétence en termes de « savoir agir avec pertinence en situation en créant et mobilisant une combinatoire de ressources variées internes (...) et externes ». J’expose dans le présent article les changements de raisonnement qui m’ont conduit à faire évoluer les paradigmes avec lesquels sont traitées les approches par compétences. C’est par rapport à ce changement de paradigme que je précise comment j’aborde le concept de « compétence éthique » en le situant par rapport au paradigme que j’expose et en proposant quelques pistes pour la formation à l’éthique appliquée. (shrink)

Hersch’s objective in his paper was to “illustrate how an existential ontology has a great deal to offer psychotherapists”. The first of three sections addresses existential themes such as guilt and anxiety and explores the notion of bad faith; the second focuses on why existential ontology provides a more suitable grounding for psychotherapy than traditional models; and the third offers the author’s invention of a mental status examination that is derived from existential ontology. To illustrate how existential ontology may be (...) useful to psychotherapists, Hersch directs our attention to those existential themes that are crucial to understanding the role ontology plays, existential.. (shrink)

In this unusual and much-needed reappraisal of Freud's clinical technique, M. Guy Thompson challenges the conventional notion that psychoanalysis promotes relief from suffering and replaces it with a more radical assertion, that psychoanalysis seeks to mend our relationship with the real that has been fractured by our avoidance of the same. Thompson suggests that, while avoiding reality may help to relieve our experience of suffering, this short-term solution inevitably leads to a split in our existence. M. Guy Thompson forcefully disagrees (...) with the recent trend that dismisses Freud as an historical figure who is out of step with the times. He argues, instead, for a return to the forgotten Freud, a man inherently philosophical and rooted in a Greek preoccupation with the nature of truth, ethics, the purpose of life and our relationship with reality. Thompson's argument is situated in a stunning re-reading of Freud's technical papers, including a new evaluation of his analyses of Dora and the Rat Man in the context of Heidegger's understanding of truth. In this remarkable examination of Freud's technical recommendations, M. Guy Thompson explains how psychoanalysis was originally designed to re-acquaint us with realities we had abandoned by encountering them in the contest of the analytic experience. This provocative examination of Freud's conception of psychoanalysis reveals a more personal Freud than we had previously supposed, one that is more humanistic and real. (shrink)

Nous remercions Dan Frost et Rebecca Guy de nous avoir autorisés à reproduire ce texte qui a déjà paru dans Recherches et pratiques pédagogiques en langues de spécialité, Vol. 35, N° spécial 1 | 2016 : Du secteur Lansad et des langues de spécialité. Résumé : La production orale pose de nombreuses difficultés pour les apprenants francophones en anglais et peut-être plus encore dans le secteur Lansad où ils sont souvent adultes et où le temps et les ressources sont particulièrement (...) limités. Le langage et - Linguistique et théorie du langage – Nouvel article. (shrink)

The cornerstone of the dominant folk theory of free will is the presumption that conscious intentions are, at least sometimes, causally related to subsequent ‘voluntary’ actions. Like all folk theories that have become ‘second nature', this model skews perception and cognition to highlight phenomena and interpretations that are consistent with itself, and pathologize or render invisible those that are not. A variety of experimental, neurological and everyday phenomena are reviewed that cumulatively cast doubt on this comforting folk model. An alternative (...) view, more consistent with the evidence, sees intentions and actions as co-arising in complex neural systems that are capable of anticipating the outcomes of their own ongoing processing. Such tentative predictions, when they become conscious, are appropriated by a ‘self system’ that believes itself to be instigatory, and reframed as ‘commands'. This confusion between prediction and control is hypothesized to arise particularly in selves that are identified in terms of a complex proliferation of partially conflicting goal-states. Such a system routinely needs to carry out detailed and time-consuming analyses of the motivational character of situations, thus creating the conditions in which anticipatory neural states surface into consciousness. The experience of ‘self control’ occurs when the system successfully predicts the dominance of a ‘higher', more long-term or a priori less likely goal state, over another that is seen as ‘lower', short-term or more likely. (shrink)

volume 1. Developing institutional theory -- volume 2. New research agendas -- volume 3. Applying institutional theory.

This article deals with the question of how ethicists respond to practical moral problems emerging in health care practices. Do they remain distanced, taking on the role of an expert, or do they become engaged with nurses and other participants in practice and jointly develop contextualized insights about good care? A basic assumption of dialogical ethics entails that the definition of good care and what it means to be a good nurse is a collaborative product of ongoing dialogues among various (...) stakeholders engaged in the practice. This article discusses the value of a dialogical approach to ethics by drawing on the work of various nursing scholars. We present a case example concerning the quality of freedom restrictions for intellectually disabled people. Issues for discussion include the role and required competences of the ethicist and dealing with asymmetrical relationships between stakeholders. (shrink)

If you want to challenge or at least weaken the adhesion to a system of values, you can basically adopt two radically opposed rhetorical strategies. Either you will attack the system in a frontal way: for instance, fundamentalists or fascists deny any validity to democratic values and human rights. Or you will pretend to argue from within the system (by saying that you accept some of its basic premises), while subtly distorting the process of reasoning in order to get to (...) your conclusions. If the audience is naïve or poorly informed, you will be able to defend positions that are fundamentally at odds with liberal-democratic values while seeming to argue from inside the system. I would like to show how such a process of “perverse” translation works in the context of the Darwinism/Creationism “controversy”. The attacks on the teaching of evolutionary biology began approximately one century ago. The way Creationists have argued and changed several times their rhetorical strategies seems very interesting to me, in that it exemplifies an important contemporary phenomenon, which I call “perverse translation” or “the wolf in the sheepfold”. (shrink)

This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book's introductory chapters lay the groundwork for researchers (...) to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches. Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism is explored in the contributions' analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata. Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure - for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to a conclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'être of comparative law and, as clear from this book's contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise. (shrink)

Issues: We present key aspects of our paper, commissioned by UNAIDS in 2005, entitled, “Revisiting the ethics of HIV prevention research in developing countries.” In 2004 and 2005 we witnessed the closure or suspension of three international clinical trials testing tenofovir in the prevention of HIV infection in high risk groups due to the failure to provide free treatment to those who seroconvert during the conduct of the study. We examine critically moral claims for the provision of treatment to those (...) who seroconvert in HIV prevention trials and ask whether it is a matter of moral obligation or moral negotiation?Description: Using the tools of philosophical and regulatory analysis we examine the moral foundations of research ethics, international regulation, and the contemporary literature in search of valid arguments in support of a moral obligation to treat. Arguments supporting the obligation to provide such treatment are found in a wide variety of documents. These claims are variously rooted in the demand to compensate for research-related injury, maximization of research benefit, justice as reciprocity, and justice as equality.Lessons learned: Our analysis reveals that there is as of yet no robust moral argument supporting a moral obligation to provide treatment to participants in HIV prevention trials who seroconvert. We argue that moral negotiation offers distinct advantages over moral obligation. Moral negotiation finds support in the principle of respect for communities that holds researchers responsible to respect communal values, protect and empower social institutions and abide by the decisions of accepted communal authorities.Recommendations: Moral negotiation, rather than moral obligation, reduces the chance of polarization of positions by inviting trial participants, sponsors, researchers and all other involved parties to the table for discussion. Moral negotiation favors middle ground solutions that fit the specific health needs and priorities of the community in question. (shrink)

We review an argument that bipartite "PR-box" correlations, though designed to respect relativistic causality, in fact violate relativistic causality in the classical limit. As a test of this argument, we consider Greenberger-Horne-Zeilinger (GHZ) correlations as a tripartite version of PR-box correlations, and ask whether the argument extends to GHZ correlations. If it does-i.e., if it shows that GHZ correlations violate relativistic causality in the classical limit-then the argument must be incorrect (since GHZ correlations do respect relativistic causality in the classical (...) limit.) However, we find that the argument does not extend to GHZ correlations. We also show that both PR-box correlations and GHZ correlations can be retrocausal, but the retrocausality of PR-box correlations leads to self-contradictory causal loops, while the retrocausality of GHZ correlations does not. (shrink)

In the early years of this century the debate as to the nature of judgment was a central issue dividing British philosophers. What a philosopher said about judgment was not independent of what he said about perception, the distinction between the a priori and empirical, the distinction between external and internal relations, the nature of inference, truth, universals, language, the reality of the self and so on.

Résumé Le but de cet article est d’interroger les trois notions de texte, discours et cognition, et les modèles théoriques, complémentaires ou opposés, qui les illustrent et les défendent. Pour cela, les notions ne seront pas analysées à la suite, une par une, mais en parallèle, deux par deux. Reprenant les orientations de mes travaux actuels en linguistique textuelle et en linguistique cognitive, je les confronterai en deux temps : texte vs. discours et texte vs. cognition. Cette double confrontation, avec (...) le texte pour dénominateur commun, laisse ainsi entendre, d’une part, que si je prends en compte le discours comme le cadre contextuel, situationnel, générique, où apparaît le texte, je m’attache au texte comme objet d’analyse, suivant en cela une tradition « pragoise », à la fois structurale ou macro-syntaxique et fonctionnelle ; cela laisse entendre, d’autre part, que cette conception du texte permet de concilier les théories néo-pragoises à celles que développent les linguistiques cognitives d’aujourd’hui, centrées sur diverses compétences, activités ou opérations, mentales, sémantiques, pragmatiques et sémiotiques, souvent regroupées sous le terme englobant ou résultant de représentation : espaces mentaux, projections, mélange (blending), émergence de sens. Pour finir je montre que la procédure de double intégration, conceptuelle et prédicative, permet d’illustrer la complémentarité des deux modèles, mental-cognitif et macrosyntaxique-textuel. (shrink)

Institutionalism has become one of the dominant strands of theory within contemporary political science. Beginning with the challenge to behavioral and rational choice theory issued by March and Olsen, institutional analysis has developed into an important alternative to more individualistic approaches to theory and analysis. This body of theory has developed in a number of ways, and perhaps the most commonly applied version in political science is historical institutionalism that stresses the importance of path dependency in shaping institutional behaviour. The (...) fundamental question addressed in this book is whether institutionalism is useful for the various sub-disciplines within political science to which it has been applied, and to what extent the assumptions inherent to institutional analysis can be useful for understanding the range of behavior of individuals and structures in the public sector. The volume will also examine the relative utility of different forms of institutionalism within the various sub-disciplines. The book consists of a set of strong essays by noted international scholars from a range of sub-disciplines within the field of political science, each analyzing their area of research from an institutionalist perspective and assessing what contributions this form of theorizing has made, and can make, to that research. The result is a balanced and nuanced account of the role of institutions in contemporary political science, and a set of suggestions for the further development of institutional theory. (shrink)