Name der Zeitschrift: Jahrbuch für Wissenschaft und Ethik Jahrgang: 20 Heft: 1 Seiten: 355-366.

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind (...) the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

In this article, the author discusses two aspects of the representation of “Europe” as a historical subject that are bound to prove controversial: its relationship to universality, and the conditions of its becoming democratic as a polity. The paradox of “European identity” is that it conceived of itself as the particular site of the invention of the universal and its revelation to the world. A dialectics of recognition through the confrontation with the Other was always involved (above all in (...) the colonial form), but it must pass now from projection to exposure to alterity. In that way a planetary construction of the universal can include a decisive contribution from Europe as one of its “provinces.” Democratizing democracy itself via the invention of a trans-national “co-citizenship” would be an element of this contribution. This is the object of a “material constitution” of Europe already on its way, but still lacking a clear representation of its “constituent power.” Debates on the absence of a European demos and the positive conditions for a federal government have shown that it will require a deconstruction of the notion of “sovereignty of the people,” separating its insurgent dimension from its function as a legitimation of the monopoly of violence, which was closely associated in nation-states with the legal guarantee of individual subjective rights. (shrink)

The paper highlights the need to clarify the definition of “psychic capacities” and the difficulty in distinguishing between improved capacity and improved functioning. Before considering whether it is legally permissible to undertake an intervention on psychic capacities, and if so under what conditions, it is necessary to consider whether such an intervention is ethically appropriate. If the intervention is ethically appropriate, whether it is legally permissible according to the instruments of the Council of Europe will depend on the person's (...) status (for example, whether the person is an adult or a child, or able or not able to give consent), the type of intervention proposed, and in certain cases the type of material used in the intervention. The paper discusses the regulations that are relevant to these different situations. (shrink)

étienne Balibar has been one of Europe's most important philosophical and political thinkers since the 1960s. His work has been vastly influential on both sides of the Atlantic throughout the humanities and the social sciences. In We, the People of Europe?, he expands on themes raised in his previous works to offer a trenchant and eloquently written analysis of "transnational citizenship" from the perspective of contemporary Europe. Balibar moves deftly from state theory, national sovereignty, and debates on (...) multiculturalism and European racism, toward imagining a more democratic and less state-centered European citizenship. Although European unification has progressively divorced the concepts of citizenship and nationhood, this process has met with formidable obstacles. While Balibar seeks a deep understanding of this critical conjuncture, he goes beyond theoretical issues. For example, he examines the emergence, alongside the formal aspects of European citizenship, of a "European apartheid," or the reduplication of external borders in the form of "internal borders" nurtured by dubious notions of national and racial identity. He argues for the democratization of how immigrants and minorities in general are treated by the modern democratic state, and the need to reinvent what it means to be a citizen in an increasingly multicultural, diversified world. A major new work by a renowned theorist, We, the People of Europe? offers a far-reaching alternative to the usual framing of multicultural debates in the United States while also engaging with these debates. (shrink)

Although women are severely under-represented in national politics in Europe, in the European Parliament they are better represented than they are in the national parliaments of the EEC member states. This book examines why this is so. Based largely on their detailed interviews with women MEPs, the authors describe the latter's backgrounds, attitudes and political experience. They also explain the history, structure and organisation of the European Parliament and outline the complexities of the European legal system. A particular concern (...) of the book is the contribution that women MEPs have made to legislation and policy, expecially in the context of recent Community legislation on sex equality, and what impact their presence has had on issues relating to women's interests. (shrink)

On the basis of his own previous research the author examines views of Europe held by the Serbian political and cultural elite in the late 20th and early 21st century. Unable to meet the challenges of the historical moment, this elite has brought Serbia into open conflict with its closest neighbors and exposed its citizens to international sanctions. War-mongering propaganda of the major state-controlled media was developing feelings of xenophobia and frustration among citizens. The collusion between authoritarian government and (...) war profiteers was systematically destroying the lives of Serbian citizens, bringing them to the brink of material impoverishment and spiritual misery. The process of dissolution of the common Yugoslav state is coming to its end in the first decade of this century. Just as it lacked wisdom political will or strength to prevent armed conflicts and crimes, the Serbian elite today is unable to condemn war crimes, to face disastrous consequences of its own policies, and to help Serbian citizens find their way to prosperity. (shrink)

In this article I examine the extent to which the European crisis has debunked certain images of Europe and spread other new ones. I will try to summarize the stages of this symbolic tour through furtive and mechanical Europe; the remoteness of non-salient Europe; the Europe that hopes and the Europe that fears; headstrong Europe, which claims that crises are necessarily opportunities; and then, the Europe with which I identify the most: contingent (...) class='Hi'>Europe, which could be or not be, or be in another fashion, whose interest lies in that it is an uncertain product of our conditioned freedom and which, for that very reason, we can consider a politicized Europe. (shrink)

Ïntroductory remarks to the Journal of the British Society for Phenomenology Special Issue "Phenomenology and the Idea of Europe".

Freedom, today perceived simply as a human right, was a continually contested idea in the early modern period. In Freedom and the Construction of Europe an international group of scholars explore the richness, diversity and complexity of thinking about freedom in the shaping of modernity. Volume 1 examines debates about religious and constitutional liberties, as well as exploring the tensions between free will and divine omnipotence across a continent of proliferating religious denominations. Volume 2 considers free persons and free (...) states, examining differing views about freedom of thought and action and their relations to conceptions of citizenship. Debates about freedom have been fundamental to the construction of modern Europe, but represent a part of our intellectual heritage that is rarely examined in depth. These volumes provide materials for thinking in fresh ways not merely about the concept of freedom, but how it has come to be understood in our own time. (shrink)

The political integration of the European Union is fragile for many reasons, not least the reassertion of nationalism. That said, if we examine specific practices and infrastructures, a more complicated story emerges. We juxtapose the political fragility of the EU in relation to the ongoing formation of data infrastructures in official statistics that take part in postnational enactments of Europe’s populations and territories. We develop this argument by analyzing transformations in how European populations are enacted through new technological infrastructures (...) that seek to integrate national census data in “cubes” of cross-tabulated social topics and spatial “grids” of maps. In doing so, these infrastructures give meaning to what “is” Europe in ways that are both old and new. Through standardization and harmonization of social and geographical spaces, “old” geometries of organizing and mapping populations are deployed along with “new” topological arrangements that mix and fold categories of population. Furthermore, we consider how grids and cubes are generative of methodological topologies by closing the distances or differences between methods and making their data equivalent. By paying attention to these practices and infrastructures, we examine how they enable reconfiguring what is known and imagined as Europe and how it is governed. (shrink)

The religious borders of Europe, which are more evident and controversial than ever, challenge established forms of political legitimacy and the legal requirements for citizenship. Perhaps covertly rather than overtly, they shape politics and policies. While scholars have once again resorted to Edward Said’s Orientalism to describe the dynamic at play, this article argues that the Orientalism narrative of East and West is too simple to capture the actual complexity of Europe’s borders. There are four religious and thus (...) four cultural-symbolic borders, which are increasingly defining the continent: north-western Europe is Protestant, southern Europe is Catholic, the East is Orthodox and increasingly nationalist, and the South and Near East are Muslim. The cultural purity and the values that Europe craves in search of identity and order are simply not available in a world of global interconnectedness and social diversity. (shrink)

This article explores some of the ways in which ideas about and attempts to construct a European identity and sense of belonging inscribe an imaginary of Europe that is exclusionary and elitist. It suggests that the symbolic figure of ‘the immigrant woman’ is a container category that simultaneously signifies the non-European and tests and destabilizes claims to Europe's essential characteristics. It also argues that traces of this imaginary of Europe can be found in feminist scholarship on global (...) care chains and that the spatial category of ‘the domestic’ is the invisible seam that ties this scholarship to the hegemonic imaginary of Europe. (shrink)

ABSTRACTThis article investigates the genuinely philosophical engagement with the idea of Europe twentieth century philosophy. Here, especially phenomenology has developed a distinct tradition of conceiving Europe not as a geographical and political entity but rather as a ‘spiritual shape.’ Husserl, as the originator of this thought, traces this spiritual Europe back to Ancient Greece of the 7/6 century B.C. in which an unprecedented ‘theoretical attitude’ towards the world originated. Hence, Europe is conceived as a project of (...) reason, of pure rationality while at the same time leaving out the constitutive dimension of religion. Furthermore, this non-historical philosophical genealogy proves itself to be an arbitrary but intentional genealogy whose intentions have to be put into critical reconsideration. In this article, I will introduce Patočka and Zambrano as important critiques of Husserl’s genealogy, or even potentially violent mono-genealogy, as Derrida has emphasized. Following Foucault, it is the aim of this article to put into question the myth of a single historical-political origin of Europe’s spiritual heritage and furthermore to pay attention to the transformations and conflictual relations between Europe’s different forms of reason and religion. (shrink)

This article analyses strategies of perception of Europe that fit into a triple structure. The traditional division into philosophical, cultural, and political Europe is intersected with more fundamental European perceptions determined by different ways of thinking. In this article, these ways are referred to as the closed, the open and the hollow ones. Thus, three different conceptions of Europe arise: the closed Europe characterized by essentialism, ethnocentrism, and monologic consciousness; the open Europe based on the (...) standpoint that protection of one’s own identity and maturity depend on a dialogic relationship with representatives of other identities; and the hollow Europe that makes absolute the imperative of moral self-criticism, as well as identity’s deconstruction and its relativism. The discussion of all three strategies of perception of Europe is followed by the analysis of how they were received in Lithuania. The conclusion highlights the necessity to further research the relationship between all three conceptions of European identity. (shrink)

The purpose of this article is to continue the discussion on Europe’s converging criminal justice systems. In particular, I test a hypothesis that has recently appeared in the literature, which sees the jurisprudence of the European Court of Human Rights as one of the most significant factors that encourage a harmonization process between the adversarial and inquisitorial criminal justice systems of Europe. This claim is supported by examining the Court’s jurisprudence to identify decisions that led to legislative and (...) policy amendments in the domestic legal orders of the 46 member states of the Council of Europe. This account shows how an interplay currently taking place between judicial, policy, and statutory powers is marking the end of the adversarial-inquisitorial era. Finally, the conclusion identifies the three most important impediments that are likely to hamper this harmonization process. (shrink)

How can the European Union comprehend and receive millions of persons without losing its identity? An identity that, moreover, is itself multiple, expansive, clustered. The European Community has recently been enriched by twelve new members – ten eastern and central European and two Mediterranean states. This enlargement, on the one hand, will serve to heal a historical wound, closing the rift that divided the soil of Europe with the so-called “Iron Curtain”; on the other, it will open even more (...) intense relations with the Mediterranean. With its 470 million citizens and its extension from the Arctic Circle to Malta and from the Azores to Cyprus, the European Union now represents an economic and, potentially, a political power of the first order, also in virtue of its effort to strengthen within its borders that “meek” regime which is democracy, entering into more active relations with other parts of the world and shouldering responsibility for global crises and difficulties. (shrink)

In his essay ‘The Idea of Europe’ George Steiner claims that European culture derives from “a primordial duality, the twofold inheritance of Athens and Jerusalem.” For Steiner, the relationship between Greek rationalism and Jewish religion, which is at once conflictual and syncretic, has engaged the entire history of European philosophy, morality, and politics. However, given this definition, at present the United States of America seem to be more European than ‘the old Europe’ itself. Against Steiner, it will be (...) argued that in order to fathom the distinctive characteristic of European culture, we have to take a third European tradition into account, which is inextricably bound up with Athens: the tradition of Greek tragedy. If we may call Europe a tragic continent, it is not only because its history is characterised by an abundance of real political tragedies, but also because it embodies, as an idea and an ideal, a tragic awareness of the fragility of human life. Instead of reducing the ‘idea of Europe’ to a financial and economic issue, Europe should remain faithful to this idea and ideal. (shrink)

This paper would like to contribute to the discussion on the formation of the idea of Europe and contextually shaping of the debate on the New World in early modern and modern history. Following an important Italian historiographic tradition, the paper discusses the eighteenth-century within a wider objective and subjective historical development.The first part of the paper focuses on the Eurocentric realigning of the relations in the Atlantic world. It argues that this realignment remains basically a middle period phenomenon. (...) The resistance by the Anglo and Hispano-American colonies to the “reforms” and the internationalisation of the crisis of American Empires actually caused a real caesura in the political history of the Atlantic.The second part of the paper focuses on the impact of the Eurocentric reorganisation of European/American relations on collective consciousness, political ideologies and historical discourses on both sides of the Atlantic. It argues that this impact was much more lasting and profound.The paper focuses finally on the anti-Eurocentrism matured in the Americas in the late eighteenth-century. It argues that this attitude declines to present the European cultural and ideological heritage, on the basis of an age-long American experience that historiography presents by now as multiethnic, multicultural and métisse. The paper suggests in particular that this American anti-Eurocentrism can be considered to some extent prototypical of a phenomenon destined to develop in nineteenth and twentieth century in the framework of the apogee, crisis and decline of Europe in the international world system and international world society. (shrink)

There is a common tradition in European education going back to the Middle Ages which long played a part in providing the curriculum of schools which catered both for the wealthy and for able sons of less well-to-do families. Originally published in 1974, this volume examines the relationship between education and society in the different countries of Europe from which differences in tradition and practice emerge. The countries discussed include: France, Germany, the former Soviet Union, Poland and Sweden.

This is an ambitious and wide-ranging biography of Erasmus of Rotterdam, one of the most famous Renaissance humanists. In part a riveting narrative account of the philosopher's journeys from his monastery to service with a great Burgundian bishop, and from there to Paris, England the Low Countries and Switzerland, this comprehensive and definitive biography also looks at the history of ideas in which Erasmus played a vital role. Covering the formative years of Erasmus the humanist, this new study makes full (...) analyses of all his early writings, ncluding his Letters, his contributions to Renaissance dialogue and essay, and particularly his Adagia, the colloquies, and the Praise of Folly. After years of intensive research, and in an area which is essentially multidisciplinary, Professor Schoeck brings together serious historical, literary, theological and philosophical study in a unique way. (shrink)

This paper addresses the work of the Council of Europe in the fight against corruption. It presents briefly the Council of Europe’s organisation, activities and priorities and goes on to introduce its work in the fight against corruption. Activities in this field are carried out by the Multidisciplinary Group on Corruption (GMC) which is made up of governmental representatives of the forty Member States of the Organisation and in accordance with a Plan of Action against Corruption. Following work (...) by the GMC, the Committee of Ministers, the decision-making body of the Council of Europe, adopted in 1997 ‘The 20 Guiding principles for the Fight against Corruption’ and in 1998 ‘The Agreement establishing the Group of States against Corruption-GRECO’ which will be called upon to monitor States’ compliance with their international commitments in the fight against corruption. Three international legal instruments are currently under preparation by the GMC, namely: a convention on corruption (dealing with the criminal aspects of the problem), a convention on civil remedies resulting from corruption and a European model code of conduct for Public Officials. Work on these instruments is well advanced and it is expected that they will be adopted before the end of 1998. (shrink)

This book is a collection of papers on modals in the languages of Europe, written by experts in the area of modality. It provides readers with a wealth of data and addresses the issues of under which circumstances modals are borrowed, from which linguistic materials they typically arise in these languages, and whether and how modals form a system which is separate from other word classes.

(1996). The future of Europe and the problem of national minorities. The European Legacy: Vol. 1, Fourth International Conference of the International Society for the study of European Ideas, pp. 504-508.

The aim of this article is to reconstruct and pinpoint the peculiarities of Ismail Kadare’s idea of Europe. Kadare’s idea of Europe, it is argued, differs from the ideas of Europe embraced or presumed by intellectuals like Paul Valéry, Georg Simmel, Danilo Kiš, Václav Havel, Adam Michnik, or Milan Kundera, or from that of the European Union. For Kadare it is literature rather than the polis or its particular ideology that is the guardian of European values. Thus (...) the European legacy, in his view, is primarily Homeric rather than Socratic. I suggest first that the persecution of writers and the repression of literature in totalitarian regimes underlies Kadare’s idea of Europe. I then further characterize Kadare’s theme of persecution as a dialectic between regime and culture. Finally, I reconstruct Kadare’s narrative of Albania’s “return to Europe” as the struggle for recognizing Albania as the birthplace of European culture. (shrink)

Étienne Balibar has been one of Europe's most important philosophical and political thinkers since the 1960s. His work has been vastly influential on both sides of the Atlantic throughout the humanities and the social sciences. In We, the People of Europe?, he expands on themes raised in his previous works to offer a trenchant and eloquently written analysis of "transnational citizenship" from the perspective of contemporary Europe. Balibar moves deftly from state theory, national sovereignty, and debates on (...) multiculturalism and European racism, toward imagining a more democratic and less state-centered European citizenship.Although European unification has progressively divorced the concepts of citizenship and nationhood, this process has met with formidable obstacles. While Balibar seeks a deep understanding of this critical conjuncture, he goes beyond theoretical issues. For example, he examines the emergence, alongside the formal aspects of European citizenship, of a "European apartheid," or the reduplication of external borders in the form of "internal borders" nurtured by dubious notions of national and racial identity. He argues for the democratization of how immigrants and minorities in general are treated by the modern democratic state, and the need to reinvent what it means to be a citizen in an increasingly multicultural, diversified world. A major new work by a renowned theorist, We, the People of Europe? offers a far-reaching alternative to the usual framing of multicultural debates in the United States while also engaging with these debates. (shrink)

Machine generated contents note: 1. Introduction; 2. Peace; 3. Rule of law; 4. Human rights; 5. Democracy; 6. Liberty; 7. The institutional ethos of the EU; 8. Towards the EU as a just institution; 9. Concluding proposals.

Totalitarianism theory was one of the ratifying principles of the Cold War, and remains an important component of contemporary political discourse. Its origins, however, are little understood. Although widely seen as a secular product of anticommunist socialism, it was originally a theological notion, rooted in the political theory of Catholic personalism. Specifically, totalitarianism theory was forged by Catholic intellectuals in the mid-1930s, responding to Carl Schmitt's turn to the in 1931. In this essay I explore the notion's formation and circulation (...) through the Catholic public sphere in both France and Austria, where was born as a new form of the traditional Catholic animus against the nation state project. (shrink)

Eighty years ago, in his Vienna lecture, Husserl wrote: “The European nations are sick; Europe itself, they say, is in critical condition.” Asserting the “obvious difference … between health and sickness … for societies, for peoples, for states,” he turned his questioning to Europe. How do we distinguish between its “healthy growth and decline”? Can we find within Europe a recognizable shape, an identifying characteristic whose loss would be a symptom of illness? Then as now, such questions (...) turn on the objective identity of Europe and the disturbances that rend this. Such disturbances recall the most basic sense of crisis, which is that of a dividing or separating. In what follows, I shall analyze the crisis of Europe in this fundamental sense. The context of my remarks will be its current division. This is the divide between economic and political senses of its identity as a monetary union, I shall begin with a psychological and phenomenological description of the splitting of self-identity and then attempt to apply this to Europe’s current situation. (shrink)