In 1996, the Royal College of Psychiatrists recommended that all psychiatric facilities in the UK develop policies concerning sexuality and sexual expression for persons contained in those facilities. This paper analyses the prevalence and content of such policies in English forensic psychiatric facilities. While the College recommends an individualised approach to sexual and emotional relationships, most hospitals in fact either prohibit or actively discourage such expression as a matter of policy. The paper considers the advantages and disadvantages of that approach. (...) The paper also considers the legal issues surrounding these policies, and in particular the legal authority for governing the sexual and emotional expression of hospital residents and the relevant human rights implications. (shrink)

Redirecting attention to Mill as a political thinker, Nadia Urbinati argues that this claim misrepresents Mill's thinking.

Recent work has shown that preschool-aged children and adults understand freedom of choice regardless of culture, but that adults across cultures differ in perceiving social obligations as constraints on action. To investigate the development of these cultural differences and universalities, we interviewed school-aged children (4–11) in Nepal and the United States regarding beliefs about people's freedom of choice and constraint to follow preferences, perform impossible acts, and break social obligations. Children across cultures and ages universally endorsed the choice to follow (...) preferences but not to perform impossible acts. Age and culture effects also emerged: Young children in both cultures viewed social obligations as constraints on action, but American children did so less as they aged. These findings suggest that while basic notions of free choice are universal, recognitions of social obligations as constraints on action may be culturally learned. (shrink)

It is usually held that representative government is not strictly democratic, since it does not allow the people themselves to directly make decisions. But here, taking as her guide Thomas Paine’s subversive view that “Athens, by representation, would have surpassed her own democracy,” Nadia Urbinati challenges this accepted wisdom, arguing that political representation deserves to be regarded as a fully legitimate mode of democratic decision making—and not just a pragmatic second choice when direct democracy is not possible. As Urbinati (...) shows, the idea that representation is incompatible with democracy stems from our modern concept of sovereignty, which identifies politics with a decision maker’s direct physical presence and the immediate act of the will. She goes on to contend that a democratic theory of representation can and should go beyond these identifications. Political representation, she demonstrates, is ultimately grounded in a continuum of influence and power created by political judgment, as well as the way presence through ideas and speech links society with representative institutions. Deftly integrating the ideas of such thinkers as Rousseau, Kant, Emmanuel Joseph Sieyès, Paine, and the Marquis de Condorcet with her own, Urbinati constructs a thought-provoking alternative vision of democracy. (shrink)

Le décryptage du génome humain autorise désormais une manipulation du vivant humain. Mû par un souci de perfection, l'homme exploite aujourd'hui ce qui participe à son essence même, son génome. La diversité intraspécifique humaine s'en trouve perturbée, la vulnérabilité génétique augmentée. Le droit se trouve donc investi d'un rôle : préserver la nature humaine. Dès lors, faut-il penser d'autres voies pour prémunir notre humanité contre les risques d'une manipulation irréfléchie de notre génome.

This article considers current research in computer‐supported cooperative work (CSCW), computer‐mediated communication (CMC), and distributed artificial intelligence (DAl). These areas need an articulated model of social contexts to bridge the persisting gap between social and technological dimensions in computer system design and use.A conceptual model of context is presented to account for both cooperation‐conflict and communication‐negotiation processes. The model conceives of contexts as including not only physical objects and other people but also social norms which influence both individuals and organizations. (...) It assumes that computer system use occurs in social scenarios in which the features cannot be reduced to any type of input or data in the world that designers and users can process along with other information coming from the current task. The model is built on three levels: from social contexts as normative order (Level 1), to specific and intrinsically complex situations (Level 2), to person‐computer interactions for the performance of particular tasks (Level 3).The model has three main implications. First, Human‐Computer Interaction (HCl) studies—especially scenario‐based design—may profit from a fresh topdown approach to designers' and users' mental models taking into account normative social processes which have been neglected in previous research. Second, CSCW may realize how deeply discrepant perspectives affect multi‐agent environments and why in real working life negotiation is intertwined with cooperation. Designers may use this insight to design systems allowing more place for negotiation among actors. Third, we should dismiss the view that CMC lacks adequate social cues and fosters impulsive behavior. Cognitive processes such as categorization, stereotype construction, and social identification can make electronic environments even more strongly sensible to social norms than face‐to‐face communication. Context, according to our model, is not restricted to the physical copresence of other people but consists mainly of processes providing situations with socially recognizable meaning. (shrink)

The theoretical interpretations of liberalism in its relations to multiculturalism occupy a central role in contemporary political theory. Yet, although arguments of rights and equal respect have provided for reasonable justifications of cultural diversity, daily papers and political columns give us an image of democratic societies that is often intolerant, exclusionary and insensitive to the argument of rights when faced with cultural and religious pluralism. The diachronic rhythm between intellectual reasonableness and widespread opinion often goes unobserved in academic literature. In (...) this chapter I dwell on this unobserved reality and call attention to the phenomenology of subordination that the failure to respect cultural diversity can generate or exacerbate. Relaying upon Alexis de Tocqueville’s analysis of the relationship between the “three races” in America, I render the phenomenology of subordination through the relationship between memory and forgetting and treat the latter as a terrain in which cultural discrimination can occur. (shrink)

In view of recent studies that identified certain interest groups as potential whistleblowers, we propose an integrative conceptual framework to examine whistleblower behavior by whistleblower type. The framework, dubbed the whistleblowing triangle, is modeled on the fraud triangle and is comprised of three factors that condition the act of whistleblowing: pressure, opportunity, and rationalization. For a rich examination, we use a qualitative research framework to analyze 11 whistleblowing cases of corporate financial statement fraud in Canada that were publicly denounced between (...) 1995 and 2012. Our analysis indicates that whistleblowers are not only insiders but also outsiders [financial analysts, auditing firms, journalists, politicians, customers, and investors]. It also suggests that a dynamic relation may exist between whistleblowers. In addition, our findings show that most whistleblowers opt for external channels when they fail to receive an adequate response from management, seek media exposure, are interested in financial benefits resulting from the act of whistleblowing, or are interested in protecting their investment. Lastly, we propose categorizing whistleblowers into four conceptual types: protective, skeptical, role-prescribed, and self-interested. (shrink)

The values of individuals who have never had the capacity to express their preferences are often overlooked or even ignored in the decision-making process. The case of “Michael,” a non-verbal young adult with a genetic condition and intellectual disability, is presented to challenge the traditional approach of relying solely on clinical indicators and the “best interest” standard narrowly construed in healthcare decision-making. Michael's interaction with his environment, gleaned through his family's input, illustrates that values and quality of life can be (...) discerned through observed behaviors and preferences, even in the absence of communicative ability. We argue for a broader definition of “values” that encompasses any aspect of life that brings meaning or enjoyment to the individual. This model not only personalizes care for never-capacitated individuals but may also be applied to other incapacitated populations, such as those with dementia, suggesting that past directives may not always align with their evolving values and interests. Underlying this expanded understanding of values in healthcare is a patient-centered approach that accounts for personal elements that contribute to an individual's sense of purpose and satisfaction. (shrink)

Ce texte est tiré de la thèse de doctorat de Nadia Taïbi, présentée à l'Université Jean Moulin Lyon 3, le 29 octobre 2007, sous la direction de Jean-Jacques Wunenburger : L'expérience ouvrière de Simone Weil. La philosophie au travail, pp. 28-33. N'ayant pas pu joindre Nadia Taïbi pour lui demander son autorisation, nous espérons qu'elle ne nous en tiendra pas rigueur. 1.1.2. La pensée comme résistance L'expérience de la vie d'usine telle que Simone Weil la traduit nous paraît (...) révéler ce qu'il faut - Philosophie – Nouvel article. (shrink)

This essay reclaims a political proceduralist vision of democracy as the best normative defense of democracy in contemporary politics. We distinguish this vision from three main approaches that are representative in the current academic debate: the epistemic conception of democracy as a process of truth seeking; the populist defense of democracy as a mobilizing politics that defies procedures; and the classical minimalist or Schumpeterian definition of democracy as a competitive method for selecting leaders.

Politique, la philosophie bergsonienne? Engagé dans les affaires de la cité, le penseur de l'élan vital et de la durée? La postérité n'a guère retenu cet aspect dans l'oeuvre immense du prix Nobel de littérature 1927. En palliant cette lacune, Yala Kisukidi ouvre une réflexion stimulante qui renouvelle notre connaissance du bergsonisme. De L'Evolution créatrice (1907) aux Deux sources de la morale et de la religion (1932), elle met en lumière une philosophie politique ambitieuse fondée sur une métaphysique de la (...) vie. La fameuse distinction du clos et de l'ouvert joue ici un rôle central : l'homme se réalise dans l'ouverture nécessairement créatrice, et non dans la clôture (guerre, racisme) voulue par la nature pour satisfaire des besoins spécifiques. Ce constat conduit Bergson à promouvoir d'un point de vue philosophique et institutionnel la démocratie et la défense des droits de l'homme. Yala Kisukidi redonne à cette pensée toute sa portée actuelle et fait dialoguer Bergson avec les penseurs contemporains du "post-colonial", ou des auteurs favorables à une religion et une politique plus ouvertes, comme Mohammed Iqbal pour l'islam et Léopold Senghor pour l'Afrique. (shrink)

The COVID-19 emergency has hit the whole world, finding all countries unprepared to face it. The first studies focused on the medical aspects, neglecting the psychological dimension of the populations that were forced to face changes in everyday life and in some cases to stay forcedly at home in order to reduce contagion. The present research was carried out in Italy, one of the countries hardest hit by the pandemic. The aim was to analyze the perception of happiness, mental health, (...) and the sense of loneliness experienced by adults during the lockdown due to the COVID pandemic. Specifically, the variables will be examined in relation to gender difference, living alone, with partner, or with partner and children. The research followed a quantitative approach using an online questionnaire. The project involved 1100 subjects from whom 721 participants were extrapolated. Of them, 17.3% claimed to live alone, 39.5% with their partner, and 43.1% with their partner and children. The results show that people in general experienced a lower level of happiness and mental health and higher levels of loneliness compared to normative sample. The lockdown and pandemic condition due to COVID-19 seems to have canceled the gender differences in the perception of happiness and mental health, while it seems to have increased the perception of loneliness experienced by males compared to the pre-pandemic condition. In addition, those who lived alone perceived a greater level of loneliness than those who lived with their partner or partner and children. Unexpectedly, no significant differences emerged regarding the level of happiness and mental health between those who had direct contact with the virus and those who did not. These data should make political decision-makers reflect on the need to pay more attention to the implications that such drastic measures as a lockdown can have on people’s psychological well-being. (shrink)

In a number of very influential publications, Epstein and Hoover (among other authors) have recently argued that a thoroughly micro-foundationalist approach towards economics is unconvincing for metaphysical reasons. However, as we show in this article, this metaphysical/social ontological approach to the debate fails to resolve the status of micro-foundations in the practice of economic modelling. To overcome this, we argue that endogenizing a model—that is, providing micro-foundations for it—correlates with making that model more complex. Specifically, we show that models with (...) more micro-foundations tend to have more parameters or variables. This matters, as there are well-established methodological reasons for preferring models with fewer parameters or variables—ceteris paribus. We therefore conclude that, from a practice-based point of view, micro-foundations are only defensible to the extent that they significantly improve the ability of the relevant model to fit the data of interest. In this way, we arrive at a practice-based, methodological reconceptualization of the debate surrounding the need for micro-foundations in economics. (shrink)

The human genome is commonly regarded as a ‘natural’ connection between all human beings, as it has been handed down to us by our predecessors. As such, it is believed to represent common heritage of humanity, e.g. a resource of outstanding value that should be the object of special protection and international concern. Some critics argue that germline manipulation would disrupt this natural heritage and that we have a duty to preserve the integrity of the human germline. However, a closer (...) look reveals that the concept of common heritage of humanity does not necessarily imply the impermissibility of germline manipulation. If it is restricted to the prevention of severe diseases, germline manipulation does not represent a threat to the unity and identity of the human species, even though this would create a new form of relationship between human beings, namely that between a designer and a genetically designed person. (shrink)

Earlier this year, the U.S. Department of Health and Human Services announced its intent to strengthen enforcement of legal protections for health care providers' conscience rights. It proposed regulations that would give the DHHS Office of Civil Rights greater authority to ensure that recipients of federal funding comply with federal conscience laws. This recent development creates an opportunity for scholars and policy‐makers to revisit the perennial debate about whether and how law should protect health care providers' rights of conscience. Arguments (...) about who should be protected, what actions should be protected, and whether there should be any limitations on the exercise of conscience rights have brought us no closer to a resolution. However, there is one remaining avenue for analysis that has, surprisingly, received very little attention—the question of how providers are protected, and from what consequences. Existing U.S. conscience laws immunize health care providers from a wide range of adverse consequences—including civil liability, criminal prosecution, administrative penalties, adverse action by employers, and discrimination by private actors, among others. However, academic and public policy debates rarely acknowledge the breadth of these protections. It is essential to disentangle this network of possible protections. (shrink)

Since the COVID‐19 pandemic, ongoing reports have highlighted the urgency of addressing anti‐Black racism within Canada's healthcare system. The paucity of research within a Canadian context has created growing concerns among Millennials and Generation Zs for healthcare to address growing health disparities and health inequities that are attributed to institutional and structural racism. Recognizing the paradigm shift that has occurred because of the pandemic and the sleuth of racial killings, the nursing classroom has witnessed a change and a need for (...) nursing education to be relevant for the cohort of nursing students who are seeking answers. The scarcity of nursing literature addressing diverse forms of learning demonstrates the need for nursing education to explore new ways of being diverse, inclusive and innovative when teaching intergenerationally. In this paper, the author challenges nurse educators to revisit the student–educator relationship by introducing critical digital pedagogy to dismantle anti‐Black racism and promote student–educator engagement for transformative learning to occur. As an educator, the author implements the use of digital illustration as a tool of resistance for students and educators to assess, engage, act and reflect on creating change within nursing education. Using Black feminist thought and culturally responsive learning, the author introduces an arts‐based approach through the innovative design of an illustration, titled, ‘Ain't I a Nurse. Combining historical stories with contemporary socio‐political experiences, the author demonstrates how students and educators can enter a cognitive learning experience where they can connect mentally and emotionally, and in so doing re‐envision and recreate a new world that centralizes equity, diversity and inclusivity through critical discourses. Through the illustration anti‐Black racism is challenged and anti‐Black racism resistance is discovered as an antidote in dismantling anti‐Black racism within nursing education. (shrink)

In this paper, I discuss the social philosopher Pierre Bourdieu’s concept of habitus, and use it to locate and examine dispositions in a larger constellation of related concepts, exploring their dynamic relationship within the social context, and their construction, manifestation, and function in relation to classroom mathematics practices. I describe the main characteristics of habitus that account for its invisible effects: its embodiment, its deep and pre-reflective internalization as schemata, orientation, and taste that are learned and yet unthought, and are (...) subsumed by our practices, which we understand as something that “goes without saying.” I also propose that, similarly to Bourdieu’s concept of linguistic habitus, a math habitus is made up of a complex intertwining of collective and individual histories that turn into “nature,” which structure all individual and collective action and inform mathematical classroom practice. I suggest that individual math dispositions may be liable to reconstruction through the reconstruction of the collective math habitus, which follows from opening spaces for dialogue, problematization and reconstruction of the unthought categories of the doxa. This requires that students acquire new concrete and symbolic means with which to challenge their current sense of mathematics as a discipline, and mathematical practice tout court. Finally, I argue that community of inquiry, employed as a pedagogical model, provides an avenue for both: for opening those spaces for reflective dialogical inquiry into concepts and questions whose meanings and references have so far been taken for granted, and for acquiring critical thinking and dialogical skills and dispositions that are a necessary means for participating in such reflective inquiry that offers significant promise for reconstructing individual and collective habitus in school settings. (shrink)

Increasingly organizations have dedicated systems and personnel (recipients) to receive and handle internal whistleblower reports. Yet, the complexity of handling whistleblower reports is often underestimated, and there is a dearth of literature that attempts to describe or analyse the challenges internal recipients face. This paper uses an agency theory inspired lens to provide insight into the complexity of internal whistleblowing, with the aim to identify focal points for improving internal whistleblowing processes. We conceive of internal recipients as agents of two (...) principals in the event of whistleblowing: owner/top management as well as whistleblowers. We identify sources of agency problems and agency costs within these double-agent relationships. We provide avenues for solving these problems and reducing the agency costs. We close by offering paths for future research. (shrink)

One of John Dewey's major contributions to the reconstruction of the educational process was in his understanding that education needed to develop a working relationship between the refined end-products of inquiry that are codified and sedimented in textbooks, and the raw subject matter inquiry that is natural to the young. Such inquiry, he was convinced, should be shaped and fashioned to the well-known model of scientific inquiry which he set forth in How We Think (Dewey, 1933). In that same book, (...) he describes "reflective thinking" as a special kind of ratiocination that is aware of its means and consequences, and thus is a major instrument in discipline-based inquiry. Dewey's "scientific method" became a .. (shrink)

The practice of Islamic veiling has over the last ten years emerged into a popular site of investigation. Different researchers have focused on the various significations of this bodily practice, both in its gendered dimensions, its identity components, its empowering potentials, as a satorial practice or as part of a broader economy of bodily practices which shape pious dispositions in accordance with the Islamic tradition. Lesser, however, has this been the case for the practice of not veiling or unveiling. If (...) and when attention is accorded to the latter, it is often grasped as a product of integration or an effect secular governmentality, but only rarely as a bodily practice. Drawing on narratives of second generation secular and religious Maghrebi Muslims in Belgium, this paper pursues this second perspective by examining to which extent not-veiling can be understood as a technique of the self (Foucault) that is functional to shaping a liberal (Musilm) subject. While a first part of this article will unpack the ethical substance of such discursive interrogations and point to the ways in which they are intertwined with the enactment of a liberal self, the second part will examine the embodied contours of this problematization, which appeared through the labour upon one's affect and bodily dispositions that this refusal of the hijab, or the act of unveiling, implies. (shrink)

Este artículo estudia la sección de la recopilación de adab del 'Iqd al-farid de Ibn 'Abd Rabbih llamada "El Libro de Lamentaciones, Condolencias y Elegías". Se analiza la función ideológica del 'Iqd, concretamente la manera en que se organiza el género con ocasión de la muerte. Localiza lo que parece haberse «reprimido» en el texto en un intento por determinar el material que fue pasado por alto, enterrado o alterado, y estudia la organización de sus prioridades. El artículo sostiene que (...) el 'Iqd, en su función de texto ejemplar, no se limita a reflejar una ideología dominante sino que hace una contribución al discurso dominante por su manera de dar forma a la vida intelectual y social. (shrink)