Is the Miranda warning, which lets an accused know of the right to remain silent, more about procedural fairness or about the conventions of speech acts and silences? Do U.S. laws about Native Americans violate the preferred or traditional "silence" of the peoples whose religions and languages they aim to "protect" and "preserve"? In Just Silences, Marianne Constable draws on such examples to explore what is at stake in modern law: a potentially new silence as to justice.Grounding her claims (...) about modern law in rhetorical analyses of U.S. law and legal texts and locating those claims within the tradition of Nietzsche, Heidegger, and Foucault, Constable asks what we are to make of silences in modern law and justice. She shows how what she calls "sociolegal positivism" is more important than the natural law/positive law distinction for understanding modern law. Modern law is a social and sociological phenomenon, whose instrumental, power-oriented, sometimes violent nature raises serious doubts about the continued possibility of justice. She shows how particular views of language and speech are implicated in such law.But law--like language--has not always been positivist, empirical, or sociological, nor need it be. Constable examines possibilities of silence and proposes an alternative understanding of law--one that emerges in the calling, however silently, of words to justice. Profoundly insightful and fluently written, Just Silences suggests that justice today lies precariously in the silences of modern positive law. (shrink)

In this book, Marianne Moyaert develops a new interreligious appropriation of Paul Ricoeur’s hermeneutical philosophy. Viewed in context of his philosophical, anthropological, and ethical work, Ricoeur’s fragmentary reflections on the encounters between religions provide insights on global cooperation practices and religious identity concerns.

"A discussion of issues raised by Richard Rorty's engagement with feminist philosophy.

Supramolecular chemistry, at the interface between chemistry, physics and biology, is a research domain which has grown considerably in the last 40 years. Jean-Marie Lehn was the first to lay its foundations and formalise its concepts, in a seminal article published in 1978. This work earned him the 1987 Nobel Prize for Chemistry, which he shared with Charles J. Pedersen and Donald J. Cram. The development of SMC has led to the creation of a dedicated institute and a new building (...) on the university campus. In this chapter, the emergence of supramolecular chemistry as a paradigm and research speciality at the University of Strasbourg is reconstructed with a focus on Lehn’s central role in this process, proposing a three-period chronology based on Mullins’ sequential model. It is furthermore argued that the creation of a physical space, with particular architecture and functions, has also played a key role in consolidating what is now called the “Strasbourg’s chemistry”. The disciplinary character of SMC is discussed in reference to the concept of “new disciplinarity” put forward by Marcovich and Shinn :582–6062011, Toward a new dimension: exploring the nanoscale. Oxford University Press, Oxford, 2014). (shrink)

Aristotle is generally considered as a philosopher whose authority characterized the Middle Ages.

Phenomenology has been adapted for use in qualitative health research, where it’s often used as a method for conducting interviews and analyzing interview data. But how can phenomenologists study subjects who cannot accurately reflect upon or report their own experiences, for instance, because of a psychiatric or neurological disorder? For conditions like these, qualitative researchers may gain more insight by conducting observational studies in lieu of, or in conjunction with, interviews. In this article, we introduce a phenomenological approach to conducting (...) this kind of observational research. The approach relies on conceptual grounding to focus a study on specific aspects of the participants’ experiences. Moreover, the approach maintains the openness to novel discoveries that qualitative research requires while also providing a structured framework for data collection and analysis. To illustrate its practical application, we use examples of hemispatial neglect—a neurologic disorder in which patients characteristically lack awareness of their own illness and bodily capacities. However, the approach that we describe can be applied more broadly to the study of complex illness experiences and other experiential alterations. (shrink)

Deliberative processes provide an important alternative input to environmental politics as they may, in contrast to often used market simulations, provide an arena for 1) discussion of lay participants’ values, 2) articulating arguments grounded in other values than consequentialistic, and 3) capturing weakly comparable values. A case study of a Citizens’ Jury (CJ) on genetically modified plants was used to investigate how the framing of the process affected the attitude formation among the citizens. The formal set up of this specific (...) CJ made value discussions less relevant. While it opened for value plurality, it failed to facilitate the articulation of weakly comparable values. (shrink)

Packed with real-life examples of business decisions gone awry, the 8th Edition of BUSINESS ETHICS: CASE STUDIES AND SELECTED READINGS explores the complex issues of business ethics from the leaders' perspectives. This best-selling text offers a rare collection of readings which examines the business decision-making processes of many types of leaders, while revealing some of the common factors that push them over ethical lines they might not otherwise cross. A combination of short and long cases, readings, hypothetical situations, and current (...) ethical dilemmas, BUSINESS ETHICS: CASE STUDIES AND SELECTED READINGS provides a stimulating and thorough basis for evaluating business ethics, and encourages stronger values in future business leaders. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version. (shrink)

Mehr Markt und Wettbewerb im Gesundheitswesen, so der Tenor aktueller gesundheitspolitischer Debatten, soll Transparenz schaffen, Kosten senken, Missbräuche verhindern und die Qualität der Leistungen steigern. Marianne Rychner zeigt anhand objektiv-hermeneutischer Materialanalysen, in welcher Weise professionalisierte ärztliche Praxis und die Logik des Marktes in einem Widerspruch zueinander stehen. Dies wird deutlich anhand einer detailgetreuen Rekonstruktion zweier ärztlicher Konsultationen. In der Interaktion zwischen Ärztin und Patient entfaltet sich eine komplexe Handlungslogik. Diese konfrontiert die Autorin mit aktuellen Versuchen, der ärztlichen Praxis den (...) Charakter eines marktkonformen Produkts zu geben. (shrink)

This paper discusses the definition of argumentation as a means for persuading an audience on the acceptability of a thesis. It is argued that persuasion is a goal that relates more to the communicative situation, the type of interaction or the type of discourse, rather than to the argumentative nature of it. Departing from the analysis of a short conversational sequence between people who agree on an issue and nevertheless argue, I suggest that a definition of argumentation in terms of (...) persuasion fails to account for what people are actually doing in these situations. I propose instead that several functions may be assigned to argumentation when considering the context in which it is produced: a cognitive function (which helps participants to elaborate a position on the discussed issue), and an identifying function (which enables them to portray themselves through the expression and the justification of their opinion). In the case analyzed here, a third function to which the argumentative activity contributes can also be identified, namely the enhancing of the emotional tonality of the relationship between the participants. While it becomes clear from the discussion of this argumentative sequence that the participants do not seek to persuade each other or some third party, it is not suggested that argumentation never aims at persuading an audience, but rather that persuasion cannot be considered as a defining feature of argumentation. (shrink)

This literature review of professionalism was prepared by San Jose State University graduate student Marianne Allison as a research committee project of the Mass Communication and Society Division, Association for Education in Journalism and Mass Communication. The project was prepared under the guidance of Professor Diana Stover Tillinghast. It reviews the literature on two approaches to professionalism in general and of the professionalism of journalists in particular: the ?structural?functionalist approach?; and the ?power approach.?; Traditional and recent discussions of the (...) nature of professionalism in occupational sociology are presented. Studies of the professionalism of journalists both in the United States and cross?culturally are critiqued. The paper suggests several areas of fruitful research, and contains an extensive bibliography. (shrink)

Background Since the enactment of the euthanasia law in the Netherlands, there has been a lively public debate on assisted dying that may influence the way patients talk about euthanasia and physician-assisted suicide with their physicians and the way physicians experience the practice of EAS. Aim To show what developments physicians see in practice and how they perceive the influence of the public debate on the practice of EAS. Methods We conducted a secondary analysis of in-depth interviews with 28 Dutch (...) physicians who had experience with a complex case of EAS. Respondents were recruited both by the network of physicians working for SCEN as well as via a national questionnaire, wherein participating physicians could indicate their willingness to be interviewed. Results Three themes came up in analysing the interviews. First, the interviewed physicians experienced a change in what patients would expect from them: from a role as an involved caregiver to being the mere performer of EAS. Second, interviewees said that requests for EAS based on non-medical reasons came up more frequently and wondered if EAS was the right solution for these requests. Last, respondents had the impression that the standards of EAS are shifting and that the boundaries of the EAS regulation were stretched. Conclusions The perceived developments could make physicians less willing to consider a request for EAS. Our results also raise questions about the role of physicians and of EAS in society. (shrink)

During the last decades several tools have been developed to anticipate the future impact of new and emerging technologies. Many of these focus on ‘hard,’ quantifiable impacts, investigating how novel technologies may affect health, environment and safety. Much less attention is paid to what might be called ‘soft’ impacts: the way technology influences, for example, the distribution of social roles and responsibilities, moral norms and values, or identities. Several types of technology assessment and of scenario studies can be used to (...) anticipate such soft impacts. We argue, however, that these methods do not recognize the dynamic character of morality and its interaction with technology. As a result, they miss an important opportunity to broaden the scope of social and political deliberation on new and emerging technologies.In this paper we outline a framework for building scenarios that enhance the techno-moral imagination by anticipating how technology, morality and their interaction might evolve. To show what kind of product might result from this framework, a scenario is presented as an exemplar. This scenario focuses on developments in biomedical nanotechnology and the moral regime of experimenting with human beings. Finally, the merits and limitations of our framework and the resulting type of scenarios are discussed. (shrink)