One of the fundamental questions of legal philosophy and theory is what it means to have a legal right, i.e. who can be considered a legal right holder. With the parallel development of bioethical doctrine, this question about rights holders is becoming increasingly relevant, raising the question of whether rights holders can be animals, trees, foetuses, future generations or machines (artificial intelligence). This question also applies to the dead, where the difficult question of the end of life and the final (...) occurrence of death also arises. By critically elaborating the positions of contemporary legal theorists in the context of two key theories of rights, the Will Theory and the Interest Theory and their mutual differences, the paper attempts to offer an account of the dead as potential right holders. In this context, the above legal theory elaboration is reflectively considered in the context of civil law doctrine of legal rights, as one of the fundamental areas within the general part of civil law. The legal subjectivity of the deceased is also observed in the field of (post-mortem protection) personality rights, but also in a pragmatic way in relation to recent domestic case law practice, as well as the case law practice of the European Court of Human Rights, where interesting legal issues have arisen that imply the question of the deceased as legal right holders. (shrink)

Publication date: 25 October 2017 Source: Author: Ivana Slavoljub Domazet, Darko Milivoj Marjanović The main aim of this work is to determine, on the basis of empirical research, whether and to what extent foreign direct investment has impact on the overall economic development of selected countries in the Western Balkans. Analyses made for the purpose of this paper were performed on the basis of available secondary data possessed by the World Bank for the period of 2000-2012. The research methodology (...) involved the use of the techniques of linear regression and correlation analysis. The first task was to determine whether there is an impact of foreign direct investment on the overall economic development of these countries. Where such influence occurred, it was necessary to define its level in comparison to the influence of other variables. The results of the analysis in this paper suggest that inflow of foreign direct investment does not affect to a significant extent the economic development of selected countries in the Western Balkans. (shrink)

Corporate social responsibility research has burgeoned in the past several decades. Despite significant advances, our review of the literature reveals a problematic gap: We know little about how culture, practices, and interactions shape CSR. On further investigation, we discover that limited research utilizes ethnography to understand CSR, which may provide some explanation for this gap. Thus, the purpose of this article is to illustrate the utility of ethnography for advancing business and society research via a multistage framework that demonstrates how (...) three different types of ethnography may be applied to the exploration of CSR. We specifically focus on the alignment between stages in the research process, or methodological fit, as a key criterion of high-quality research. In doing so, we provide researchers embracing different worldviews a tool they may utilize to conduct and evaluate ethnographies in business and society research. (shrink)

The theory of social representations must be understood in terms of its proper epistemology so that it can accomplish its full potential in social sciences. This is often difficult to achieve because researchers comprehend it in terms of concepts that are part of static and individualistic Newtonian epistemology rather than in terms of dynamic and relational Einsteinian epistemology. This article considers three signposts that Moscovici identifies and analyses in the theory of relativity, namely the relation between epistemology and science, theory (...) and method, and the argument against the explanation of effects by their causes. The following question is posed: are these signposts also characteristic of the theory of social representations? This question is examined focusing on interactional epistemology, theory and method and the diversity of natural thinking and communication. Moscovici's Psychoanalysis shows that natural thinking appears in a plurality of modes according to the situation in which it takes place and according to social groups towards which it is directed. Natural thinking is controversial and communication-centred. Different professionals, groups and lay people use different kinds of speaking and different communicative genres when they try to resolve “the same” problem. The article suggests that bringing together dialogicality, dialogical linguistics and the theory of social representations may open up new possibilities for theoretical developments in social psychology. (shrink)

This paper aims to show that propaganda and persuasion are underlined by two forms of communication, one aiming at a monologue, and the other aiming at a dialogue, which in practice do often coexist, with one or the other prevailing at a particular time. In order to understand propaganda or persuasion, we need to study them as part of the systems (e.g. institutions, organizations, communication) to which they belong, rather than treat them as decontextualized phenomena. Both propaganda and persuasion involve (...) conscious and unconscious communicative processes. Nevertheless, the majority of social psychology experiments still assume that the experimenter should deal with phenomena only at a conscious level. In dialogical communication, however, latent and unconscious thought, inner dialogue, and ‘the depth of consciousness’, are presupposed to be unavoidable aspects of communication, whether it is concerned with influence processes, persuasion or social representations. They all are established through cultural-historical processes and determine symbolic meanings of social communication of the present and future. (shrink)

ABSTRACT In 1588 Tycho Brahe proposed a new cosmological system keeping a motionless Earth at the centre of the world. In the first half of the following century the reception of Tycho’s model within the Society of Jesus was characterized by a strong resistance at the beginning, followed by a long and winding path, and then a good fortune, whereas heliocentric models were increasingly investigated in European observatories. In 1651 a Jesuit astronomer, Giovan Battista Riccioli, published the Almagestum novum, an (...) encyclopaedic synthesis of astronomical knowledge where the Earth’s motions or rest were extensively discussed in order to prove the Earth's immobility. However, through the period 1650–1687 the Almagestum novum did not entirely fulfil its aims, rather seeming like the dying swan’s song of Tychonic or semi-Tychonic models. Contemporary scholars appreciated the encyclopaedic effort by Riccioli, but many were critical of his proofs. Even influential Jesuit astronomers showed a remarkable interest in the Copernican model, accepting geocentric models only on the basis of Holy Scripture’s authority. This conduct and the tacitly allowed circulation in Catholic Europe of openly Copernican books, indicate that Catholic science tolerated heliocentric theory, when presented as a computational device rather than a representation of reality, more frequently than we usually think. (shrink)

This editor’s introduction to the issue recalls the main methodological approaches to persuasion, rhetoric and propaganda in social psychology. It summarizes the classical theories issued from Hovland’s Yale Communication Program in experimental social psychology, like dissonance, attitude changes, inoculation approach, elaboration likelihood model. Yet there are, today, competing perspectives on persuasion, which turn attention to the meaning of persuasion in modern complex societies, in technology and the media. These perspectives place emphasis not on changes of attitudes, but on communication, social (...) influence and group processes. It is shown that the collection of articles in this issue brings out these diverse approaches in social psychology. Broadly, it encompasses social psychological studies based on the research of attitudes and attitude changes on the one hand, and those based on the studies of influence and communication on the other. (shrink)

Additional evidence is presented concerning the anisotropy between vertical and horizontal encoding, which emerges from studies of human perception and cognition of space in plane mirror reflections. Moreover, it is suggested that the non-metric characteristic of polarization is not limited to the vertical dimension.

Rational the relationship of globalization with social institutions, focusing on the termof globalization of modernity, religion and religious phenomena are of unavoidable interest. Interestin religious phenomena is on the rise, and globalization as such is multifaceted. Never beforehave there been so many nonreligious people in human history, as well as never before in humanhistory has there been so much religious population on the planet. Globalization and religion arelinked through the following aspects: religious diversity is on the rise, the difference at (...) the levelof organization is increasing, as well as that the subjective religiosity is being strengthened. Thementioned aspects are theoretically based on the globalization of modernity, which implies theaspects of the diffusion of processes, as well as the dynamics, which are typically modern in natureand extend to the world level even in their influence. As the most typical modern processes anddynamics are: speed, widespread and continuous process of transformation of society, structuraldifference, detraditionalization, and individualization. Undoubtedly, the enumerated processes ofmodern globalization have their impact on religion. The aim of this article is to theoretically elaboratethe indicated aspects through a review of the relevant literature. The theoretical frameworkwill be used as a concept or further empirical research on the connection between religion andglobalization. (shrink)

'Bao wei quan' 保位權 (‘Preservation of position and power’) (hereinafter: BWQ) is an essay advising rulers on how to preserve their position of power and maintain control over the bureaucracy. It is a part of one of the most authoritative premodern Chinese texts, the Chunqiu fanlu 春秋繁露 (The Luxuriant Dew of the Spring and Autumn Annals), which is traditionally ascribed to pivotal Han dynasty scholar Dong Zhongshu 董仲舒 (c. 195–115 BCE). This paper argues that the BWQ establishes a type of (...) naturalistic approach to rulership. In this vision, the state and its social and political order is rooted in the constitution of human nature, and is perceived as a place where human tendencies can be followed and fulfilled, but also controlled. In addition, the BWQ’s political discourse and its view of government is built around complementary processes, such as reward/punishment, political power/moral power, non-action/action, actuality/fam etc. The art of rulership thus consists of keeping these opposites in balance. (shrink)

Although the Chunqiu fanlu traditionally ascribed to Han dynasty scholar Dong Zhongshu (c. 195 − 115 BCE) is considered to be an extremely important book for the development of Chinese ethical and philosophical thought, it has been long neglected and has lacked proper non-Chinese scholarly attention. Up to the 2016 translation by Sarah A. Queen and John S. Major, only partial translations of the Chunqiu fanlu had been published in English. Part of the reason for the neglect of the study (...) of the Chunqiu fanlu and consequently its late translation lies in the complexity of the text, connected to a number of obscurities about its origin, authorship and nature. Sarah Queen and John Major have made an important step forward in redressing this neglect. They produced a complete English translation and study of the Chunqiu fanlu. Besides focusing on the first complete English translation of the Chunqiu fanlu, this article reviews central questions and problems regarding that text and attempts to summarize the current state of research on it. (shrink)

This work provides an annotated translation, together with a brief commentary, of the “Bao Wei Quan” chapter, the 20th chapter of the Chunqiu fanlu. The Chunqiu fanlu is an important Chinese Confucian text. It is ascribed to a pivotal Former Han (206 BCE – 9 CE) scholar, an exegete of the Gongyang zhuan 公羊傳, Dong Zhongshu 董仲舒 (ca. 195–115 BCE). This text offered to readers an ideal of rulership that remained highly relevant to the development of the ethical and political (...) discourse of Chinese Confucianism. Despite its importance, the Chunqiu fanlu has only very recently been fully translated into a Western language, and is one of the rare major classical Chinese texts which still lacks a full Japanese translation. Thus, the purpose of this work is to contribute to the ongoing Chunqiu fanlu translation project and to present to the reader some of the form and content of this influential work. -/- ⟪春秋繁露⟫第20章〈保位權〉的漢文注譯 -/- 本文是對⟪春秋繁露⟫第二十卷〈保位權〉含有短評的注譯。⟪春秋繁露⟫是中國儒學代表作之一。其作者据考据被認為是以注釋⟪春秋公羊傳⟫而聞名的西漢學者董仲舒（公元前195年—公元前115年）。⟪春秋繁露⟫是 一部被公認為有助於理解中國儒學發展史的最重要的經典著作之一。⟪春秋繁露⟫中所倡導的統治理想以及天人感應的概念兩千年以來一直是倫理政治學中的一個核心問題，這部書對中國儒學的倫理和政治論述的發展起著极為重 要的作用。⟪春秋繁露⟫雖然在中國傳統文化中占据著重要的地位，但它最近才被完整地翻譯成任何歐洲國家的語言，不過完整日語翻譯本中仍然缺少的一部。筆者希望本文可以為正在進行中的⟪春秋繁露⟫翻譯工程做出一點貢 獻，并希望通過本文給廣大讀者介紹一點該著作的基本形式和一小部分內容。. (shrink)

Throughout the Chinese imperial period, the kaoji (examination of merit) system was used to evaluate bureaucratic officials’ successes and failures. Officials who served commendably were promoted while those who served discreditably were demoted on its basis. In this article, I focus on the kaoji system as described in the “Kao gong ming” (Examining Achievement and Reputation) chapter of the Chunqiu fanlu, an authoritative pre-modern Chinese ethical-political text. I attempt to reconstruct the system and analyze the main features of the underlying (...) theory by which it was administered. First, I explore the main principles and metaphors of the “Kao gong ming” theory of rulership and administration. I argue that it situates the kaoji system within a vision of naturalistic administration and rulership based on the principles of accumulating of goodness, conferring benefit, and eliminating harm, as well as weighing and adapting to specific circumstances. In this context, the kaoji system may be understood as an important instrument of effective rulership based on the principles of nature. Second, I outline the kaoji system and compare it with the Han system of personnel administration. I finish with reflections on the chapter’s dating and authorship, arguing that the “Kao gong ming” is a compilatory Han text with a problematic relationship to Dong Zhongshu. My broader aim is to contribute to our understanding of the Han dynasty’s administrative discourse. -/- 本文旨在研究《春秋繁露》之〈考功名〉（考評官員的政績和口碑）章描寫的封建官僚制度下針對政府官員的「考績」制度，這是最權威的前現代中國倫理政治的文本之一。在這一制度之下，政績突出的官員得以提拔，不稱職的 官員則被降職。本文試圖重建這種績效考覈體系，並分析「考績」制度據以建立的基本理論的主要特徵。首先，本文將探討〈考功名〉章所反映的統治與管理理論的主要原則及其隱喻。筆者認爲它提出了一種自然主義的管理和統 治理念，這種理念基於積善累德、布恩施惠和爲天下除害的出發點，以及將權衡和適應特定的具體情境作爲治理國家的主要原則。在這種背景下，績效考覈制度可以被理解爲一種基於自然原則的有效的治國爲政的重要工具。第二 ，本文將勾勒出一個「考績」制度的框架，並將其置於它所在的歷史背景之下。在以上分析之後，將以對〈考功名〉一章年代和作者考證問題的思考作爲本文的結束。這篇文章的目的和價值在於促進我們對〈考功名〉章和它所描 述的「考績」制度的理解。. (shrink)

In this paper I examine the presence of rape myths and gender stereotypes, and the norms of sexuality they reflect and reinforce, in Croatian rape laws, as exemplified by the recent practice of the Zagreb County Court. I begin with a general discussion of the gendered myths and stereotypes that have shaped the content and application of the criminal law of rape everywhere. I then briefly introduce the definition of rape under the 1997 Croatian Criminal Code which was in force (...) at the time of my research, after which I proceed to the critical analysis and the assessment of the Zagreb County Court practice. Next, I turn to the changes in the new Criminal Code to see how they address the identified problems. I offer a model of an affirmative consent standard, based on a communicative model of sexuality, which values reciprocal responsibility, communication and mutuality of sexual desire. I argue that this standard has greater potential to challenge rape myths and gender stereotypes and to promote sexual freedom and gender equality. (shrink)

This paper attempts to philosophically articulate empirical evidence on the positive effects of illness within the wider context of a discussion of the positive aspects of vulnerability. The conventional understanding holds that to be vulnerable is to be open to harms and wrongs; it is to be fragile, defenseless, and of compromised autonomy. In this paper, we challenge the assumption that vulnerability consists of nothing but powerlessness and dependence on others. This paper attempts to: (1) outline the theoretical conceptualisation of (...) the positive aspects of coping with illness, while simultaneously showing how these findings provide empirical support for some classical philosophical ideas; (2) influence a change in the manners in which the ill are usually perceived (as weak, dependent, robbed of a good life) and (3) point to the importance of modernising the prevalent biomedical conception of illness with the subjective dimension of health. Biomedical understanding of illness focuses on the vulnerable experience of the sufferer, suggesting the importance of philosophical additions. (shrink)

Las fuentes de la tradición indirecta de las Vidas (βίοι) de Alejandro se distinguen entre las más creíbles, enmarcadas en los límites de la historiografía y de la biografía imperiales, y aquellas de invención, más cercanas a la novela de viajes y la paradoxografía. Este trabajo propone ir más allá de esa categorización genérica para pensar la dualidad historia / ficción como material coexistente en las diferentes versiones en torno a la fundación de Alejandría según tres autores griegos de la (...) época imperial: Anábasis de Alejandro Magno de Arriano, Vida de Alejandro de Plutarco, Vida y Hazañas de Alejandro de Macedonia del Pseudo Calístenes. The sources of the indirect tradition of Alexander's Lives (βίοι) are distinguished among those more credible, framed within the limits of imperial historiography and biography, and those of invention, closer to the travel novels and paradoxography. This paper attempts to go beyond these genre categories to understand the duality history / fiction as material coexisting in the different versions about the founding of Alexandria by three Greek authors of the imperial period: Anabasis of Alexander the Great by Arrian, Life of Alexander by Plutarch and The life and exploits of Alexander the Great by Pseudo- Callisthenes. (shrink)

The aim of this study was to investigate the relationship between three temperament dimensions: strength of excitation, strength of inhibition and mobility measured by Pavlov’s Temperament Survey, and amplitudes and latencies of evoked brain potentials measured by a visual oddball paradigm in two blocks. The participants were female psychology students with mean age of 20. Significant positive correlations were determined between amplitudes of N1-P2-N2-P3 components and strength of excitation and mobility in the first and second block, mostly on parietal electrodes, (...) as well as significant negative correlations of amplitudes of N1-P2-N2-P3 components and strength of inhibition. Considering measurement limitations important future study directions have been given. (shrink)

This article focuses on the work of Czech Jesuit Cardinal Tomáš Špidlík (1919-2010), continued in his pupils, both in Rome, where he taught for most of his life, and in the Czech Republic. It explores in particular how studies of hesychasm marked their understanding of deification. It asks in which sense their work can be seen as a Western attempt to rehabilitate the doctrine of deification in its experiential and theological complexity, where they contribute to the renewal of the communication (...) between the Christian East and the Christian West, and what are the complications present in their attempt expressed against the background of uniatism. (shrink)

Ernst Lubitsch, the great author of Hollywood comedy and pioneer of such genres as the sophisticated romantic comedy, the musical, and the screwball comedy, is a relatively overlooked figure in mainstream film theory. In this collection, renowned world thinkers and philosophers position Lubitsch as the premium director of subversive cinema, reflecting on his attitude toward love and politics which correspond to contemporary issues.Followers of the Hegelian, Marxist, Freudian, Lacanian, and Deleuzian traditions discuss thephilosophical, political, and ethical dimensions of Lubitsch's late (...) Hollywood work. They focus on love as stealing, the ethics of style, and comedy in times of austerity in the director's masterpiece, _Trouble in Paradise_ (1932); answer the question of why comedy is always polygamous; discuss links between masochism, melancholia, and ideology in _Ninotchka_(1939); celebrate the ethical gesture of comedy in _To Be or Not to Be_ (1942); and promote the revolutionary comic spirit of Lubitsch's last directorial effort, _Cluny Brown_ (1946). These essays' witty, subversive, and provocative approaches highlight Lubitsch's unique understanding of love, sex, comedy, and politics and idiosyncratic conception of totalitarian"nightmares" and capitalistic "paradise," countering the non-dialectic and politically correct discourse of mainstream and independent cinema today. (shrink)

Background: Horizontal violence, defined in the literature as ‘interpersonal conflict between two nurses at the same hierarchical levels in organizations’, often associated with bullying, affects the well-being of nurses, care recipients and the professional image of nursing and the organization due to increased turnover. One in every three newly graduated nurses is a victim of horizontal violence, although they do not always know how to define it. Aim: To investigate the direct and indirect experiences of horizontal violence in newly graduated (...) nurses as well as to shed light on the phenomenon, on its awareness and recognition. Methods: A qualitative phenomenological study was conducted between September and October 2018 with newly graduated nurses, with a work experience ranging between 6 months and 3 years. The interviews were conducted face-to-face, consisting of a first open general question, followed by semi-structured questions. Ethical considerations: The study was conducted in accordance with the Declaration of Helsinki, and the protocol was approved by the Institution Review Board. Results: From the analysis of the interviews of the 21 participants, four main themes were identified: the ‘enemies’, that is those who exercised violence, the ‘weapons’ used by them to exercise violence, the ‘effects’ and the types of ‘armor’ identified to protect themselves. Discussion: Horizontal violence is rarely recognized by newly graduated nurses, even though our sample had directly or indirectly experienced horizontal violence. Tackling the phenomenon starting from the undergraduate degree courses, focusing on effective support and more protection by the organization leaders were the silent requests that emerged from this study. Conclusion: Preventing horizontal violence is important for nurses’ professional and private well-being, for professional conduct and for the quality of care provided to patients. (shrink)

The aim of this article is to analyse the Czech legislation applicable to surrogacy cases while considering some basic social aspects. First the basic facts of surrogacy as a medical reproductive technique are discussed. Surrogacy is also considered as a social trend, and in terms of selected social aspects, such as the growing number of couples interested in surrogacy and their social status. Nevertheless, the main goal of the paper is to analyse selected legal problems as regards surrogacy and the (...) Czech legislation. Therefore, the authors describe the basic legal framework that has relevancy to surrogacy cases (establishing parenthood and adoption) and identify the most frequent problems concerning surrogacy applications using three model cases. In the concluding remarks the adequacy of Czech legislation is discussed. (shrink)

Human thinking is heterogeneous, and among its different forms, thinking in dyadic oppositions is associated with the concept of themata. Gerald Holton characterises themata as elements that lie beneath the structure and development of physical theories as well as of non-scientific thinking. Themata have different uses, such as a thematic concept, or a thematic component of the concept; a methodological (or epistemological) thema; and a propositional thema. Serge Moscovici has placed the concept of themata in the heart of his theory (...) of social representations which is based on ‘natural thinking’ and on forms of daily knowing, including common sense. In this article I shall explore some features of thematic concepts and of methodological themata in scientific theories and in common sense. More specifically, I shall refer to the significance of the methodological (or epistemological) thema the Self and Other(s) in common-sense thinking and in social practices. (shrink)

The Han Dynasty (206 BC – 220 AD) was the first stable, long-lasting and politically powerful Chinese empire. This meant a formative period during which the administrative structure and political and cultural patterns that were largely followed by subsequent Chinese dynasties were established. Additionally, the conception of the world was developed and systematized which influenced not only the traditional but also the contemporary Chinese understanding of the world. Although it is a key period of Chinese history, the philosophy of the (...) Han dynasty, and thus its conception of the world, has not been sufficiently explored. As a contribution to the understanding of the thought of the period, this paper examines the philosophical reflection on the world focusing on the key texts of the Western Han period. The aim of this paper is to present the basic features of the conception of the world and to provide a hermeneutic framework for their explanation. It will be shown that the conception of the world in the philosophy of the Western Han dynasty is based on the conception of order and the categorical apparatus that supports it, which is the theory of correlativity, the principles of accumulation and radial order. This understanding of the world will have implications for the new place and role of man, his relationship with other living beings, as well as the ontological status of human work. Namely, man is assigned the role of the one who "completes" natural processes through moral and any other correct action, which opens up the possibility of realization "of great peace." This conception of the world manifests the language of incorporation and accommodation typical of the Han dynasty period, and can be understood as a result of the historical and social circumstances and cultural and philosophical tendencies of the first stable empire. (shrink)

This study aims to investigate the hypothesis that “thinking in opposites” might facilitate insight problem solving. For example, if the image relating to a problem is oriented horizontally, it may...

This anthology translates eighteen papers by Italian philosopher and experimental psychologist Paolo Bozzi, bringing his distinctive and influential ideas to an English-speaking audience for the first time. The papers cover a range of methodological and experimental questions concerning the phenomenology of perception and their theoretical implications, with each one followed by commentary from leading international experts. In his laboratory work, Bozzi investigated visual and auditory perception, such as our responses to pendular motion and bodies in freefall, afterimages, transparency effects, and (...) grouping effects in dot lattices and among sounds. Reflecting on the results of his enquiries against the background of traditional approaches to experimentation in these fields, Bozzi took a unique realist stance that challenges accepted approaches to perception, arguing that experimental phenomenology is neither a science of the perceptual process nor a science of the appearances; it is a science of how things are. The writings collected here offer an important resource for psychologists of perception and philosophers, as well as for researchers in cognitive science. (shrink)