Traditionally, civil law jurisdictions in Scandinavia and the continent of Europe have not been willing to acknowledge the appropriateness of extending bankruptcy relief to consumer debtors and discharging any part of their debts. The opposition was based on the importance of upholding the sanctity of contractual obligations: pacta sunt servanda. This attitude stood in contrast to the fresh start philosophy of US bankruptcy law, which embraced a more forgiving attitude, focusing on the reintegration of the insolvent debtor into society, substantially (...) free of debt, after he has filed for bankruptcy and surrendered his non-exempt property for distribution among his creditors. The relaxation of credit controls and the rapid increase in the number of insolvent debtors in the late 1980s and early 1990s has forced many continental jurisdictions to reconsider their traditional opposition. They have since adopted debt adjustment plans providing various forms of debt relief to overcommitted debtors but only a substantial number of years after the initial proceedings. The American reaction has gone in the opposite direction. With the adoption of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the United States has reversed its century old liberal fresh start tradition. The 2005 Act imposes a formidable means test as well as other preconditions to determine whether a debtor has sufficient discretionary income to pay off twenty percent of his or her unsecured debts under a Chapter 13 plan. If the answer is yes, the debtor is denied the right to file a bankruptcy petition under Chapter 7 of the Bankruptcy Code. This paper asks whether these developments on opposite sides of the Atlantic suggest that facts on the ground are more important than dogma and deeply entrenched beliefs. The author’s answer is that while there is certainly a trend towards convergence between continental European and US approaches to consumer insolvency, it is much too soon to speak of a common culture and a common approach. He notes, however, that Commonwealth jurisdictions have long adopted a means test to determine a debtor’s eligibility for discharge from debt and suggests that continental scholars would have done better to study the Commonwealth experience as embodying a suitable compromise than to flirt with the US fresh start philosophy, only to reject it as too alien to the continental moral sense. (shrink)

The dramatic rise in inequality in the United States over the past generation has occasioned considerable attention from economists, but strikingly little from students of American politics. This has started to change: in recent years, a small but growing body of political science research on rising inequality has challenged standard economic accounts that emphasize apolitical processes of economic change. For all the sophistication of this new scholarship, however, it too fails to provide a compelling account of the political sources and (...) effects of rising inequality. In particular, these studies share with dominant economic accounts three weaknesses: they downplay the distinctive feature of American inequality —namely, the extreme concentration of income gains at the top of the economic ladder; they miss the profound role of government policy in creating this “winner-take-all” pattern; and they give little attention or weight to the dramatic long-term transformation of the organizational landscape of American politics that lies behind these changes in policy. These weaknesses are interrelated, stemming ultimately from a conception of politics that emphasizes the sway of the “median voter” in electoral politics, rather than the influence of organized interests in the process of policy making. A perspective centered on organizational and policy change —one that identifies the major policy shifts that have bolstered the economic standing of those at the top and then links those shifts to concrete organizational efforts by resourceful private interests —fares much better at explaining why the American political economy has become distinctively winner-take-all. (shrink)

What are the prospects for meaningful reform of U.S. health care? To answer this question requires understanding why previous reform efforts failed—the combination of deep structural biases against large-scale public provision and the inherited constraints posed by the rise of employment-based insurance. Generally, the context is more favorable today than it was fifteen years ago. But the prospects for change hinge on learning the right lesson of history: Politics comes first. Putting politics first means avoiding the overarching mistake of the (...) Clinton reformers: envisioning a grand policy compromise rather than hammering out a real political compromise. It also means addressing the inevitable fears of those who believe they are well protected by our eroding employment-based framework. And it means premising political strategies on the contemporary realities of hyperpolarized politics, rather than wistfully recalled images of the bipartisan politics of old. (shrink)

Hastings Center Report, Volume 52, Issue 2, Page 10-14, March‐April 2022.

In immisgration policies the use of genetical parental testing has become a common procedure to decide which applicants have a legal claim for family reunification. Many scholars argue that this introduction of DNA analyses establishes a biologically biased understanding of family relationships and undermines a social concept of family. This paper reflects on the underlying concepts of the relationship between family and the state in this field. Referring to Hegel it can be shown that even today family is conceived as,presocial‘, (...) as the constitutive other of the social sphere. This assumption helps to explain the privileging of the nuclear family in national and international legislation. The main logic and intention of family rights is neither to protect incomparable emotional ties between individuals nor biological blood bounds. It is not about saving loving relationships as such, but rather about trying to govern them and to legitimate the State itself. (shrink)

Volume 20, Issue 8, August 2020, Page 41-43.

ABSTRACTNew methods of calculating indices from the dot-probe task measure temporal dynamics in attention bias or fluctuations in attention bias towards and away from emotional stimuli over time. H...

A number of scholars have highlighted the role of employers in shaping the development of the welfare state. Yet the results of this research have often been ambiguous or disputed because of insufficient attention to theoretical, conceptual, and methodological problems in the study of political influence. This article considers three of these problems in turn: the failure to distinguish and investigate multiple mechanisms of exercising influence, the misspecification of preferences, and the inference of influence from ex post correlation between actor (...) preferences and outcomes. We demonstrate the importance of each through a reexamination of the early development of the American welfare state. The striking feature we suggest is neither business dominance nor weakness but marked variation in influence over time and across institutional settings. (shrink)

Volume 24, Issue 7, July 2024, Page 6-12.

This paper critically examines traditional rule-based and externalist approaches to the teaching of business ethics. The review materializes in a framework of seven pitfalls associated with the traditional approach, and bridges to overcome these perils are offered. Care is taken to avoid submitting the implausible positions of moral relativism. A perspective of methodological pluralism and normative internalism is developed and presented as a fruitful avenue for effective teaching in business ethics, and possible avenues for empirical exploration are offered.

Nietzsche, the Godfather of Fascism? What can Nietzsche have in common with this murderous ideology? Frequently described as the "radical aristocrat" of the spirit, Nietzsche abhorred mass culture and strove to cultivate an Übermensch endowed with exceptional mental qualities. What can such a thinker have in common with the fascistic manipulation of the masses for chauvinistic goals that crushed the autonomy of the individual? The question that lies at the heart of this collection is how Nietzsche came to acquire the (...) deadly "honor" of being considered the philosopher of the Third Reich and whether such claims had any justification. Does it make any sense to hold him in some way responsible for the horrors of Auschwitz? The editors present a range of views that attempt to do justice to the ambiguity and richness of Nietzsche's thought. First-rate contributions by a variety of distinguished philosophers and historians explore in depth Nietzsche's attitudes toward Jews, Judaism, Christianity, anti-Semitism, and National Socialism. They interrogate Nietzsche's writings for fascist and anti-Semitic proclivities and consider how they were read by fascists who claimed Nietzsche as their intellectual godfather. There is much that is disturbingly antiegalitarian and antidemocratic in Nietzsche, and his writings on Jews are open to differing interpretations. Yet his emphasis on individualism and contempt for German nationalism and anti-Semitism put him at stark odds with Nazi ideology. The Nietzsche that emerges here is a tragic prophet of the spiritual vacuum that produced the twentieth century's totalitarian movements, the thinker who best diagnosed the pathologies of fin-de-siècle European culture. Nietzsche dared to look into the abyss of modern nihilism. This book tells us what he found. The contributors are Menahem Brinker, Daniel W. Conway, Stanley Corngold, Kurt Rudolf Fischer, Jacob Golomb, Robert C. Holub, Berel Lang, Wolfgang Müller-Lauter, Alexander Nehamas, David Ohana, Roderick Stackelberg, Mario Sznajder, Geoffrey Waite, Robert S. Wistrich, and Yirmiyahu Yovel. (shrink)

Community-based interventions (CBIs) show promise as effective and cost-effective obesity prevention initiatives. CBIs are typically complex interventions, including multiple settings, strategies and stakeholders. Cost-effectiveness evidence, however, generally only considers a narrow range of costs and benefits associated with anthropometric outcomes. While it is recognised that the complexity of CBIs may result in broader non-health societal and community benefits, the identification, measurement, and quantification of these outcomes is limited. This study aimed to understand the perspectives of stakeholders on the broader benefits (...) of CBIs and their measurement, as well as perceptions of CBI cost-effectiveness. Purposive sampling was used to recruit participants from three stakeholder groups (lead researchers, funders, and community stakeholders of CBIs). Online semi-structured interviews were conducted, taking a constructivist approach. Coding, theme development and analysis were based on published guidance for thematic analysis. Twenty-six stakeholders participated in the interviews (12 lead researchers; 7 funders; 6 community stakeholders). Six key themes emerged; (1) Impacts of CBIs (health impacts and broader impacts); (2) Broader benefits were important to stakeholders; (3) Measurement of benefits are challenging; (4) CBIs were considered cost-effective; (5) Framing CBIs for community engagement (6) Making equitable impacts and sustaining changes—successes and challenges. Across all stakeholders, broader benefits, particularly the establishment of networks and partnerships within communities, were seen as important outcomes of CBIs. Participants viewed the CBI approach to obesity prevention as cost-effective, however, there were challenges in measuring, quantifying and valuing broader benefits. Development of tools to measure and quantify broader benefits would allow for more comprehensive evaluation of the cost-effectiveness of CBIs for obesity prevention. (shrink)

In the early months of 2020, the deadly Covid-19 disease spread rapidly around the world. In response, national and regional governments implemented a range of emergency lockdown measures, curtailing citizens’ movements and greatly limiting economic activity. More recently, as restrictions begin to be loosened or lifted entirely, the use of so-called contact tracing apps has figured prominently in many jurisdictions’ plans to reopen society. Critics have questioned the utility of such technologies on a number of fronts, both practical and ethical. (...) However, little has been said about the ways in which the normative design choices of app developers, and the products that result therefrom, might contribute to ethical reflection and wider political debate. Drawing from scholarship in critical design and human–computer interaction, this paper examines the development of a QR code-based tracking app called Zwaai (‘Wave’ in Dutch), where its designers explicitly positioned the app as an alternative to the predominant Bluetooth and GPS-based approaches. Through analyzing these designers’ choices, this paper argues that QR code infrastructures can work to surface a set ofethical–political seams, two of which are discussed here—responsibilizationandnetworked (im)permanence—that more ‘seamless’ protocols like Bluetooth actively aim to bypass, and which may go otherwise unnoticed by existing ethical frameworks. (shrink)

I summarize and critically review Block's book, focusing on his format-based account of the border between perception and cognition and his argument for the phenomenal overflow of color perception.

Nietzsche described himself as the first psychologist of the West. His interpreters, however, have seldom regarded his works as contributions to psychology. This book gives the psychological perspective a central role and uses it as a guide through Nietzsche's aphoristic maze toward the centre of his thought, method, aims and ramifications. Psychology thus serves as the path to his philosophy and leads to a reconstruction of his substantive theses, including the morality of positive power. By exploring Nietzsche's depth psychology in (...) detail, the book clarifies his basic purpose: to entice readers into uncovering and reactivating their own sources of creative power. (shrink)

Das Verhältniss des Thomas von Aquino zum Judenthum und zur jüdischen Litteratur.--Eine bisher unbekannte dem Bachja ibn Pakuda zugeeignete Schrift.--Die philosophischen und ethischen Anschauungen in Abraham bar Chijja's Hegjon ha-Nefesch.--Ueber Abraham bar Chijja's "Buch der Enthüllung".--Die Familie Schemtob in ihren Beziehungen zur Philosophie.--Die Stellung des Simon ben Zemach Duran in der Geschichte der jüdischen Religionsphilosophie.--Die philosophischen Lehren des Isaak ben Salomon Israeli.