Social interaction and the constitution of mediated and nested space in the court of appeal -- Conclusion -- Concluding remarks: On becoming juridical -- Ways of spacing law and politics -- Becoming juridical -- Towards hybrid juridical spaces -- References -- Index.

The twentieth century saw a vigorous debate over the nature of rights. Will theorists argued that the function of rights is to allocate domains of freedom. Interest theorists portrayed rights as defenders of well-being. Each side declared its conceptual analysis to be closer to an ordinary understanding of what rights there are, and to an ordinary understand- ing of what rights do for rightholders. Neither side could win a decisive victory, and the debate ended in a standoff.

Leif Wenar examines the impact on takings scholarship of the redefinition of "property" early in the twentieth century. He argues that the Hohfeldian characterization of property as rights (instead of as tangible things) forced major scholars such as Michelman, Sax, and Epstein into extreme interpretations of the Takings Clause. This extremism is unnecessary, however, since the original objections to the idea that "property is things" are mistaken.

Starting from a phenomenological understanding of the body, this article discusses the understanding of body awareness in health and illness. I question the common way to understand our relationship to our bodies in terms of subjective and objective perspectives on it, and furthermore, how this opposition has been used in the phenomenological literature to outline an understanding of health and illness as states where the body stays unnoticed versus resurfaces to our attention as dysfunctional. Using examples from an ongoing interview (...) study, I argue for an understanding of the dialectical interplay between body and world in our awareness, and how it can be understood as an approaching or distancing movement to body and world. I furthermore describe how the interplay between body and world effects and is effected by our existence in health and illness. Finally, I suggest what implications this new way of understanding the lived body has for health care practice in general, and for the development of a person‐centred care in particular. I suggest that we leave the dichotomous understanding of subjective and objective perspectives behind, and start to investigate how we move between different kinds of body awareness in health and illness. Illness, as a situation where that which has been taken for granted becomes questioned, can be said to be characterized by mistrust, and by a distancing from world and body. It is thus of importance for caregivers to provide the time, space and trusting atmosphere needed in order to make the approaching movement possible. (shrink)

With places at nursery school promised for every child above the age of four, this book raises the stakes by looking at the quality of what is provided, and how that compares to what should be provided. Beyond Quality In Early Childhood Education and Care challenges received wisdom and the tendency to reduce philosophical issues of value to purely technical issues of measurement and management. In its place, it offers alternative ways of understanding early childhood, early childhood institutions and pedagogical (...) work. The book places issues of early childhood into a global context and relates them to writers from many fields. Drawing on work with aboriginal peoples in Canada, on the experience of Reggio-Emilia in Italy and on a project in Stockholm inspired by Reggio, the book considers the implications of these alternative ways of understanding, for practice and a reconceptualization of early childhood education and care. (shrink)

What morality requires of us in a world of poverty and inequality depends both on what our duties are in the abstract, and on what we can do to help. T.M. Scanlon's contractualism addresses the first question. I suggest that contractualism isolates the moral factors that frame our deliberations about the extent of our obligations in situations of need. To this extent, contractualism clarifies our common-sense understanding of our duties to distant others. The second, empirical question then becomes vital. What (...) we as individuals need to know is how to fulfil our duties to the distant poor. Moral theorists tend to base their prescriptions on simple assumptions about how the rich can help the poor. Yet a survey of the empirical literature shows how urgently we need more information on this topic before we can know what contractualist morality — or any plausible morality — requires of us. Key Words: Scanlon • contractualism • global justice • global poverty • aid effectiveness. (shrink)

This article examines Rawls's and Scanlon's surprisingly undemanding contractualist accounts of global moral principles. Scanlon's Principle of Rescue requires too little of the world's rich unless the causal links between them and the poor are unreliable. Rawls's principle of legitimacy leads him to theorize in terms of a law of peoples instead of persons, and his conception of a people leads him to spurn global distributive equality. Rawls's approach has advantages over the cosmopolitan egalitarianism of Beitz and Pogge. But it (...) cannot generate principles to regulate the entire global economic order. The article proposes a new cosmopolitan economic original position argument to make up for this lack in Rawls's Law of Peoples. (shrink)

Digitalization is often associated with optimistic grand narratives about a future society in academic discourse. While the word is frequently linked with hopes and expectations of societal rebirth and beneficial changes for societies and organizations, there has been little attention given to systematically investigating the risks associated with digitalization. This paper aims to investigate the relationship between digitalization and risk, thereby characterizing “the digital risk society.” By conducting a narrative summary and thematic analysis of 34 academic papers three aggregated themes (...) were outlined: First, in the digital risk society, intangible technologies serve as solutions while simultaneously introducing new risks. Second, as an increasing number of tasks are delegated to machines with opaque inner functions, society is suffering from dehumanization. Third, scholars are calling for new approaches to govern these technologies, spurred by concerns over their potentially harmful use. (shrink)

Rights dominate most modern understandings of what actions are proper and which institutions are just. Rights structure the forms of our governments, the contents of our laws, and the shape of morality as we perceive it. To accept a set of rights is to approve a distribution of freedom and authority, and so to endorse a certain view of what may, must, and must not be done.

Japanese pop idols occupy an ambiguous position in the broader popular music landscape, straddling a line between fiction and non-fiction, simultaneously characterological yet physically instantiated. As idealized representations of the girl or boy next door, idols serve as both ‘image characters’ who can be used to sell a variety of products, as well as ‘quasi companions’ meant to provide fans with a manufactured sense of intimacy. Using a joint quantitative and qualitative approach, this article analyses the lyrics of female idol (...) groups. Specifically, I demonstrate how the combination of first- and second-person pronouns and sentence-final expressions are utilized to construct both female-coded and male-coded gendered personae, revealing that idol lyrics engage in the process of cross-gender performance. As a result, through their performance of these personae, female idol groups explicitly reinforce a binary imagination of normative gender expressions, allowing such idol groups to capitalize on idealized heterosexual adolescence through affective resonance and nostalgia. (shrink)

Recent research suggests that many microfinance institutions increasingly focus on financial performance at the expense of the social component of their dual objectives. Existing studies typically assume that capital providers and managers mainly drive this so-called mission drift. In this study, we investigate whether ‘personal mission drift’ at the credit officer level can further explain the reduced emphasis on poorer clients among microfinance institutions. We present both qualitative and quantitative evidence that more experienced credit officers tend to serve fewer vulnerable (...) clients. Specifically, we show that all else being equal, credit officer experience is negatively correlated with the provision of small loans, loans to young clients, and loans to clients with disabilities. Our qualitative analysis suggests that perceived client risk and preferences for increased time efficiency mainly drive more experienced credit officers’ relative neglect of more vulnerable clients. This drift appears to be reinforced by the industry’s incentive schemes. Therefore, credit officer incentives and training should be designed to prevent this mission drift, which is observed at the microfinance institution level but is actually initiated at the credit officer level. (shrink)

(1996). Seyyed Hossein Nasr and Ziauddin Sardar on Islam and science: Marginalization or modernization of a religious tradition. Social Epistemology: Vol. 10, Islamic Social Epistemology, pp. 273-287.

The study reported in this paper focused on nursing students' learning and, in particular, their integration of caring science in theory and practice. An educational model incorporating educational drama was developed for implementation in three different teaching contexts within the nursing and midwifery study programmes at a Swedish college. A central aim was to understand the dynamics of educational drama in the healthcare context and its impact on learning and teaching. Using a phenomenological approach, seventeen students and six teachers were (...) interviewed and their experience of drama as an educational method explored.The research findings illustrate the meaning of learning and teaching that is sensitive to students' lifeworld experiences. In order to be a successful method for closing the gap between caring science theory and practice, not only the educational drama, but teaching in general, must be anchored in the lived world of the students - that is, their experiences of health and care. While embodied reflection, as a key factor in integrating theory and practice, was shown to be well supported by educational drama, it was also found that "the method" tends too readily to take over and govern teaching and learning. The findings of this study further indicate how learning in practice and embodied reflection can be supported by the inclusion of well-chosen caring science theory to cast light on caring practice dilemmas. (shrink)

A Northern Ireland politician declared not long ago that the British people had a right not to believe the IRA’s latest statement on disarmament. Therefore, he said, the British government had no right to allow the IRA further representation at the talks. Rights assertions like these are quite common in everyday talk, even if pronouncements linking epistemic and legal rights are less so.

Much fuss has been made of the “spatial turn” in recent years, across a range of disciplines. It is hard to know if the attention has been warranted. A confusion of terms has been used—such as space, place, spatiality, location—and each has signified a cluster of often contradictory and confusing meanings. This phenomenon is common to a range of disciplines in the humanities. This means, first, that it is not always easy to recognize what is being discussed under the rubric (...) of space, and second, that over-extended uses of the cultural turn have stymied meaningful engagement with materiality in discussions of space. This article shows how materiality has been marginalized both by a casual vocabulary and a vigorous a priori epistemological holism on the part of scholars, and how the spatial turn has been too closely linked to the cultural turn to allow it to develop its fullest explanatory potential. It demonstrates how historians might profitably theorize the significance of place and space in their work , and sets out some challenges for using space more effectively in explanatory systems. Inspired by environmental history, sociology, and science and technology studies, I propose a way of establishing space as different from conventional historical handling of materiality, and end by identifying some methodological problems that need to be solved if we are to proceed on a surer footing. (shrink)

Entrepreneurial agency—the individual power to change environments—is central to entrepreneurship research. Yet, from a social inequality perspective, beliefs in an entrepreneurial agency might differ based on the social class environments individuals are born into. Drawing on social cognitive theories, our findings across three data sets among students from Germany and entrepreneurs from the United States indicate that social class origins are associated with entrepreneurial self-efficacy (ESE) beliefs in adulthood. Exploring the underlying mechanisms, we find that students’ early entrepreneurial experiences in (...) education and practice are indicative of reproducing the class gap in ESE. When individuals collect mastery experiences such as social mobility or entrepreneurial success, their lower social class origins turn out to be associated with enhanced entrepreneurial agency beliefs. We discuss the implications for further research on social class, inequality, and entrepreneurship. (shrink)

All of these claims for reparations have mobilized popular support, and all share a degree of intuitive plausibility. The challenge to the theorist is to judge whether and which of such demands are grounded in sound principles of political normativity, so as to be able to select out the valid claims and to measure how the urgency of these claims compares with other demands on the public agenda. The most basic question for those considering the justifications of reparations is how (...) to orient their theories within the space of reasons. Do valid claims for reparation rest at the deepest level on reasons we have for redressing a past injustice? Or do they rather rest on reasons we have to improve our current relations so that we can get along better in the future? Are valid reparative demands backward- or forward-looking? (shrink)

justice as fairness envisions a society of free citizens holding equal basic rights cooperating within an egalitarian economic system. His account of political liberalism addresses the legitimate use of political power in a democracy, aiming to show how enduring unity may be achieved despite the diversity of worldviews that free institutions allow. His writings on the law of peoples extend these theories to liberal foreign policy, with the goal of imagining how a peaceful and tolerant international order might be possible.

The principle of openness is central to human science approaches to research where the researcher becomes closely involved with the phenomenon under study. This article addresses both the practical and theoretical challenges that confront the researcher who seeks to be open. It also clarifies the meaning of the concept of openness and considers its relationship to the ideal of objectivity. Openness, it is argued, is neither an enduring state nor a trait but requires an ongoing struggle and has different forms (...) at various stages in the research process. Integral to this process is the experience of "being in the dark" which makes it especially difficult for the researcher to remain open. Various ways of managing this experience are presented. (shrink)

Social enterprises in the microfinance industry need to adhere to both financial and social demands. Critics argue that there is a mission drift away from the social mission, and this has motivated the introduction of social rating agencies to strengthen the business ethics of microfinance institutions. Using a global dataset of 204 socially rated MFIs from 58 countries, we assess the factors that drive the social performance ratings of MFIs. Overall our results show that social ratings of MFIs are significantly (...) related to financial performance, greater outreach especially in rural areas, well-defined social objectives, staff commitment, service quality and an enhanced customer service. We observe that various rating agencies attach different importance to each of the social indicators. The public policy implication is that social rating agencies need to become more transparent, to reduce the information asymmetries between heterogenous socially motivated investors and the focal MFI. (shrink)

Although Professor Lewin is not testing existing views that, for people in politics, 'egoism rules' on deep theoretical grounds, he strongly argues that empirical facts do not support such views and thus opens a new chapter in the debate on ...

This article argues that the algorithms known as neural nets underlie a new form of artificial intelligence that we call indexical AI. Contrasting with the once dominant symbolic AI, large-scale learning systems have become a semiotic infrastructure underlying global capitalism. Their achievements are based on a digital version of the sign-function index, which points rather than describes. As these algorithms spread to parse the increasingly heavy data volumes on platforms, it becomes harder to remain skeptical of their results. We call (...) social faith in these systems the naive iconic interpretation of AI and position their indexical function between heuristic symbol use and real intelligence, opening the black box to reveal semiotic function. (shrink)

This lavishly illustrated book establishes the towering influence of the scientist Victor Regnault in the earliest decades of photography, a period of experimentation ripe with artistic, commercial, and scientific possibility. Regnault has a double significance to the early history of photography, as the first leader of the Société Française de Photographie and as the maker of more than two hundred calotype portraits and landscapes. His photographic and scientific careers intersected a third field with his appointment in 1852 as director of (...) the Sèvres porcelain works. Readers are treated to Regnault's own beguiling pastoral, garden, and forest scenes; striking portraits of the scientists and artists in his circle of friends; quirky images of acoustic experiments; and an insider's view of the Sèvres porcelain works. Regnault's richly varied photographs also encompass perhaps the most extensive group of family portraits in early photography, and his romanticized landscapes reflect a moment when the rural outskirts of Paris were being aggressively suburbanized and industrialized. Occupying a unique and powerful position in the overlapping spheres of photography, science, industry, and art, Regnault was elected president of the newly formed S.F.P. in 1855. By examining his intertwined activities against the backdrop of French photography's nascent pursuit of institutional legitimacy, this book illuminates an important and overlooked body of images and the irregular cultural terrain of early photography. (shrink)

Paul Horwich has formulated a paradox which he believes to be even more virulent than the related Hempel paradox. I show that Horwich's paradox, as orginally formulated, has a purely logical solution, hence that it has no bearing on the theory of confirmation. On the other hand, it illuminates some undesirable traits of classical predicate logic. A revised formulation of the paradox is then dealt with in a way that implies a modest revision of Nicod's criterion.

BackgroundThe aim of the study was to explore symptoms of anxiety and depression, insomnia, and quality of life in a Norwegian community sample of older adults.MethodsA representative sample was drawn from home-dwelling people of 60 years and above, living in a large municipality in Norway.ResultsBased on established cut-off scores, 83.7% of the participants showed no symptoms of anxiety/depression, 12% had mild symptoms, 2.7% moderate symptoms, 1.5% showed severe symptoms of anxiety/depression. A total of 18.4% reported insomnia symptoms. Regarding health-related quality (...) of life, few participants reported problems with self-care, but pain and discomfort were common. Depression/anxiety, insomnia, and health-related quality of life showed moderate to strong associations.DiscussionThe results suggest a close interplay between anxiety/depression, insomnia, and health-related quality of life in older adults. (shrink)

The purpose of this cross-sectional study was to examine whether psychosocial working conditions may be a mediator between indoor physical working conditions and the type of vague general health symptoms included in the diagnosis of sick building syndrome (SBS). The study was based on survey data from 1505 British white-collar workers from 20 different organizations. A path analysis revealed that there was a significant direct relation between physical working conditions and vague symptoms and also psychosocial job strain (Effort-Reward Imbalance ratio), (...) which in turn also strongly related to the vague symptoms. The findings thus suggested a mediating role between physical working conditions and symptoms for psychosocial job strain. Due to the cross-sectional study design no conclusions on causality can be drawn. (shrink)

Romanticism was a philosophical movement concerned with the question of orders—orders of things, of persons, of being. Friedrich von Hardenberg, the Early German Romantic who called himself Novalis, writes that “only [the infinite stone] is firm // it is the dos moi, pu sto [give me a place to stand] of Archimedes” . It is strange to find, among the foundational texts of Early German Romanticism, anything having to do with foundations. The movement has often been characterized as “anti-foundational” and (...) even occasionalist . And yet statements revealing a fascination with figures of intervention, revolution, and .. (shrink)

“There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property; or that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe.” (Blackstone, p.

Human science researchers tend to be targeted for critique on the grounds that their approach is too individualistic to take due cognisance of societal and political influences. What is accordingly advocated is that the phenomenological and so-called romantic theories should be abandoned in favour of analytic or continental theories that have as their main focus the system, the group, the society, and the various influences of the social world on the existential reality of the individual.