Economic change, globalisation and harmonisation of European Law have brought new challenges to contract law. The contributions in this Volume by prominent legal scholars deal with current trends and perspectives in European and International Contract Law and their impact on the various domestic legal systems. The Compendium provides an analysis of new developments in formation of contract, performance and remedies, consumer contract law and the particularly controversial area of anti-discrimination law. Experts in their field examine the underlying legal principles and (...) problems arising in legal practice in Common Law and Civil Law. The essays written in English, German and French are the product of a series of lectures held in 2006 at the Centre for European Private Law at the University of Münster, Germany. The contributing authors are: John Adams, Hugh Beale, Giuditta Cordero-Moss, Barbara Dauner-Lieb, Michele Graziadei, Thomas Gutmann, Geraint Howells, Simon James, Paul Lagarde, Matthias Lehmann, Peter Møgelvang-Hansen, Salvatore Patti, Thomas Pfeiffer, John C. Reitz, Judith Rochfeld, Martin Schmidt-Kessel, Jürgen Schmidt-Räntsch, Alessandro Somma, Stefano Troiano, Christian Twigg-Flesner, Antoni Vaquer Aloy and Fryderyk Zoll. (shrink)

Registered nurses (RNs) employed in an urban medical center in the USA identified moral distress as a practice concern. This study describes RNs' moral distress and the frequency of morally distressing events. Data were collected using the Moral Distress Scale and an open-ended questionnaire. The instruments were distributed to direct-care-providing RNs; 100 responses were returned. Morally distressing events included: working with staffing levels perceived as `unsafe', following families' wishes for patient care even though the nurse disagreed with the plan, and (...) continuing life support for patients owing to family wishes despite patients' poor prognoses. One high frequency distressing event was carrying out orders for unnecessary tests and treatments. Qualitative data analysis revealed that the nurses sought support and information from nurse managers, chaplaincy services and colleagues. The RNs requested further information on biomedical ethics, suggested ethics rounds, and requested a non-punitive environment surrounding the initiation of ethics committee consultations. (shrink)

Semantic theories based on a hierarchy of types have prominently been used to defend the possibility of unrestricted quantification. However, they also pose a prima facie problem for it: each quantifier ranges over at most one level of the hierarchy and is therefore not unrestricted. It is difficult to evaluate this problem without a principled account of what it is for a quantifier to be unrestricted. Drawing on an insight of Russell’s about the relationship between quantification and the structure of (...) predication, we offer such an account. We use this account to examine the problem in three different type-theoretic settings, which are increasingly permissive with respect to predication. We conclude that unrestricted quantification is available in all but the most permissive kind of type theory. (shrink)

The global space is in need of creative solutions to the challenges posed by those seeking, and deserving of, asylum. In some democratic states, experiments in permitting citizens to have a greater role in selecting refugees for admission are underway; in this article, I consider the conditions that must apply to any citizen‐selection scheme, in order for such a scheme to be morally acceptable. I begin with an account of the way in which citizen‐selection schemes – usually called ‘sponsorship programs’ (...) – operate presently. I then offer a justification for engaging citizens in refugee resettlement in general, as well as in selecting specific refugees for admission in particular, and then identify several conditions that must attend any permissible citizen‐selection scheme. I defend this account from two objections: (1) that states should be the primary, and indeed only, agent that selects refugees for admission and (2) that citizens will inevitably use problematic criteria in selecting refugees for admission, so they should be denied the right to do so. I conclude with some proposals for how a citizen‐selection scheme can be crafted to respond to this latter worry, including an outline of an exception clause that permits citizens to make the case that some refugees ought to be resettled, even if not specially selected by the UNHCR for resettlement priority, including especially family members and friends. (shrink)

This article considers two questions: Do democratic states have the right to deport non-citizens present or residing on their territory? And, if so, what principles should guide deportation in democratic states? The overall objective is to offer an account of what deportation should look like in a liberal democratic state. I begin by situating the practice of deportation in larger discussions of the extent of state discretion in controlling both borders and membership; here, I will argue that potential deportees occupy (...) an awkward middle space, i.e. it is not clear whether they should be treated according to the principles that regulate discretion at the border or discretion in admitting migrants to membership. I then consider more deeply whether deportation can be rendered non-arbitrary, or whether it is bound to remain unjustly applied; where it cannot be rendered non-arbitrary, it must be rejected, or so I shall argue. To be non-arbitrary, the practice of deportation must meet three criteria: a publicity criterion, a justification criterion, and a collective interest criterion. In the final section of the article, I disentangle deportation into its component parts – I distinguish just cause for deportation from just action in deportation – and consider how the criteria that stem from a commitment to non-arbitrariness constrain its application to non-citizen residents. The consequence of requiring deportation to be applied, if at all, in a non-arbitrary way is that there will certainly be cases where liberal democracies find themselves unable to deport those who might otherwise be thought eligible for deportation. Ultimately, I conclude that deportation from liberal democratic states can be fair only in a small number of cases. (shrink)

In this article, I argue that there are good reasons to permit states to engage in their own forms of prioritization of refugees for admission, if doing so enables more refugees overall to find safety. I identify three distinct clusters of programs that states operate, those that emphasize contribution-based reciprocity, those that emphasize anticipated benefit, and those that elevate cultural considerations. I assess the legitimacy of these programs separately, and then consider them together, to defend the view that – overall, (...) considering the profound need for resettlement spots – they warrant our normative support. At least at first glance, the reason that these programs are legitimate is that they are all underpinned by principles in moral philosophy that in general command widespread support. In the final section, I examine the discomfort they generate, and suggest that the discomfort has three related sources: (i) that there is something wrong with considering the benefits refugees may bring when at issue is simply whether states are carrying out their moral duties towards them; (ii) that the result of permitting such prioritization is that those who are most vulnerable are left behind; and (iii) that cultural considerations can easily slide into racist considerations. While I agree that we must be attentive to how these programs operate in practice, and whether they generate harm (in particular, more harm than good), I believe that in the current context, these objections can be adequately countered so that we should in general offer these programs our cautious, and conditional, support. (shrink)

Are democratic states permitted to denationalize citizens, in particular those whom they believe pose dangers to the physical safety of others? In this article, I argue that they are not. The power to denationalize citizens—that is, to revoke citizenship—is one that many states have historically claimed for themselves, but which has largely been in disuse in the last several decades. Recent terrorist events have, however, prompted scholars and political actors to reconsider the role that denationalization can and perhaps should play (...) in democratic states, in particular with respect to its role in protecting national security and in supporting the global fight against terror more generally. In this article, my objective is to show that denationalization laws have no place in democratic states. To understand why, I propose examining the foundations of the right of citizenship, which lie, I shall argue, in the very strong interests that individuals have in security of residence. I use this formulation of the right to respond to two broad clusters of arguments: (1) those that claim that it is justifiable to denationalize citizens who threaten to undermine the safety of citizens in a democratic state or the ability of a democratic state to function as a democratic state, and (2) those that claim that it is justifiable to denationalize dual citizens because they possess citizenship status in a second country that is also able to protect their rights. (shrink)

In considering the similarities between "momoirs"--popular memoirs written by mothers about motherhood experiences--and evocative autoethnographic mother-writing, I argue that differentiating these two forms of intimate observation and personal narrative requires a rethinking of autoethnographic practice. Specifically, I draw on the work of Gilles Deleuze to advocate for a radical specificity in autoethnographic writing. Thinking the autoethnographic narrative in terms of specificities and differences encourages us to think creatively about personal experiences and cultural relations beyond what is shared and communicable.

This article experiments with multimedia storytelling to re-vision difference outside biomedical and humanistic frames by generating new understandings of living dis/artfully with illness. We present and analyze seven short videos created by women and trans people living with illness as part of an arts-based research project that aimed to speak back to hegemonic concepts of disability that create barriers to healthcare.1 We call for a welcoming in of disability studies’ disruptive and re-imaginative orientations to bodily difference to unsettle medicine’s humanistic (...) accounts. In turn, we advance medical post-humanistic approaches that call on disability studies to re-embody its theories and approaches. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Knowing the EastPatti M. MarxsenKnowing the East. By Paul Claudel. Translated by James Lawler. Princeton, NJ: Princeton University Press, 2004. 136 pp.Fifty years after his death, Paul Claudel (1868–1955) is remembered for many things. Not only was he a major twentieth-century poet and playwright, he was an astute observer of Dutch, Spanish, and Japanese art. Not only was he the brother of sculptor Camille Claudel, he was a (...) diplomat who lived for nearly twenty years in Asia, including a stint as the French ambassador to Japan (1921–1927). When he was elected as a member of the Académie Française in 1946 at nearly 80 years of age he quipped, "For an academic, that is puberty." He died at 87, having lived large in two centuries and on three continents.Following an adolescence marked with indifference toward religion, Claudel experienced a profound conversion to Catholicism during a Christmas night service at Notre Dame Cathedral in Paris at the age of 18. With Christianity at the center of his universe and under the influence of Symbolist poets Rimbaud and Mallarmé, he developed a response to the world that was at once poetic and spiritual. Through his poetry, plays, and essays, he insisted on a fundamental unity between matter and spirit, a harmonious and vast universe into which the human mind could enter. And, at least for him, the point of entry was the portal of the Church. He struggled at times, but never lost sight of his faith. For all this, he is often credited with the revival of French Catholicism in the wake of WWI. After all, if Paul Claudel could take religion seriously and find meaning in it, pourquoi pas the rest of us?The facts of his extraordinary biography form a peculiar background to the recent translation by James Lawler of Claudel's collection of prose poems titled Knowing [End Page 229] the East. First published in 1946 as Connaissance de l'est, these sixty-one texts were written between 1895 and 1905 during Claudel's first visits to China and Japan as a young vice-consul stationed in Shanghai. He was twenty-six and still finding his poetic voice. And though his stance in the world is decidedly Christian, the content of this intriguing work reveals an inner dialogue with Buddhist ideas of interconnection, harmony, the ongoing quest for a higher life condition, and the overwhelming impact of nature in the lives of mere humans.In "Pagoda," Claudel describes a seven-story Chinese pagoda as it "amplifies and multiplies the roof, exaggerates the horned corners that rise with an elegant surge, and turns their curves upward to the sky." This form that "does away with walls" and concentrates on the uplifting roof creates a space where "Buddha, Prince of Peace, dwells inside with all the gods." In this architecture he reads a structuring of physical and spiritual space, a kind of never ending upward movement divided into "the seven mystical heavens." The culminating effect is the heavenly achievement of the unknowable. And so, after going as far as he can go into the world of the spirit, he ends this prose poem with an abrupt return to temporal reality. "I have no more to say of the Pagoda. I do not know its name."Elsewhere, in "The Wanderer," he turns his sense of awe toward nature. "Every tree has its personality, every small beast its role, every voice its part in the symphony," he writes. "As one understands music, so I understand nature, like a detailed narrative of proper names; as my walk and the day advance, so does the elaboration of the doctrine." The "doctrine," it seems, is the idea of dependent origination, the interrelation of all life that springs from a single source. In the last line, he states, "I understand the world's harmony. When will I grasp its melody?"In "The Temple of Consciousness" Claudel climbs "the black rock's vertical wall, and only at this late afternoon hour do I know myself to be on the right track." Below, he observes golden rice fields. Ahead there is an "old stairway overlaid with hoary moss... (shrink)

Summary This paper concentrates on the literary sources of the battle of Delion and reopens the debate on the relevance of Euripides’ Supplices for the narrative of this event. Thucydides is read with a particular focus on the speech of Pagondas, which can be understood through the current reconstruction of the history of Boiotia in the latter half of the fifth century BCE. Finally, Diodorus is considered as a useful source for a few pieces of information on the aftermath of (...) the battle that have previously been disregarded. (shrink)

Calls to expand temporary work programmes come from two directions. First, as global justice advocates observe, every year thousands of poor migrants cross borders in search of better opportunities, often in the form of improved employment opportunities. As a result, international organizations now lobby in favour of expanding ‘guest-work’ opportunities, that is, opportunities for citizens of poorer countries to migrate temporarily to wealthier countries to fill labour shortages. Second, temporary work programmes permit domestic governments to respond to two internal, contradictory (...) political pressures: (1) to fill labour shortages and (2) to do so without increasing rates of permanent migration. Temporary work programmes permit governments to appear ‘tough’ on migration, while responding to employer pressure to locate workers willing to work in low-skilled, poorly remunerated positions. The coincidence of national self-interest and global justice generates a strong case in favour of expanding guest-work. We evaluate the moral benefits and burdens of expanding guest-work opportunities, and conclude that although there are benefits to be gleaned from the perspective of global wealth redistribution, at present, temporary work programmes are generally unjust. We will argue that just temporary work programmes, in time, permit temporary workers to attain citizenship. This spells the end of traditional temporary work programmes, which require that workers return to their home country in time; instead, what is temporary is the employment obligation that must be fulfilled as a requirement to access citizenship. As long as this requirement is met, we endorse guest-work programmes as a tool to respond to global inequality. (shrink)

Plural expressions found in natural languages allow us to talk about many objects simultaneously. Plural logic — a logical system that takes plurals at face value — has seen a surge of interest in recent years. This book explores its broader significance for philosophy, logic, and linguistics. What can plural logic do for us? Are the bold claims made on its behalf correct? After introducing plural logic and its main applications, the book provides a systematic analysis of the relation between (...) this logic and other theoretical frameworks such as set theory, mereology, higher-order logic, and modal logic. The applications of plural logic rely on two assumptions, namely that this logic is ontologically innocent and has great expressive power. These assumptions are shown to be problematic. The result is a more nuanced picture of plural logic's applications than has been given thus far. Questions about the correct logic of plurals play a central role in the final chapters, where traditional plural logic is rejected in favor of a "critical" alternative. The most striking feature of this alternative is that there is no universal plurality. This leads to a novel approach to the relation between the many and the one. In particular, critical plural logic paves the way for an account of sets capable of solving the set-theoretic paradoxes. (shrink)

According to the United Nations High Commissioner for Refugees, there are over 20 million refugees worldwide, less than 1% of whom are referred for resettlement to third countries permanently. One obstacle to resettlement stems from the alleged lack of resources in settlement countries. A possible way forward is a refugee selection and admission regime that shares costs between governments and private citizens, to permit states to admit greater numbers of refugees where their citizens are willing and able to contribute their (...) own, private, resources to the resettlement project. Taking Canada’s private sponsorship scheme as a model, I argue that there are pros and cons to public–private cooperation in refugee resettlement. On the one hand, they permit the resettlement of greater numbers of refugees and they permit private citizens committed to aiding refugees to do so in concrete ways. On the other hand, they require oversight to protect refugees who are, otherwise, fully dependent on their sponsorship groups and there are cultural differences that make the offering of support challenging. In particular, while sponsorship groups ought to aim at securing the independence and autonomy of newcomers, they can sometimes behave in culturally inappropriate and paternalistic ways, which generate resentments between refugees and their sponsoring groups. (shrink)

Plural logic is widely assumed to have two important virtues: ontological innocence and determinacy. It is claimed to be innocent in the sense that it incurs no ontological commitments beyond those already incurred by the first-order quantifiers. It is claimed to be determinate in the sense that it is immune to the threat of non-standard interpretations that confronts higher-order logics on their more traditional, set-based semantics. We challenge both claims. Our challenge is based on a Henkin-style semantics for plural logic (...) that does not resort to sets or set-like objects to interpret plural variables, but adopts the view that a plural variable has many objects as its values. Using this semantics, we also articulate a generalized notion of ontological commitment which enables us to develop some ideas of earlier critics of the alleged ontological innocence of plural logic. (shrink)

Trust is a central element of any well-functioning democracy, and the fact that it is widely reported to be on the wane is a worrisome phenomenon of contemporary politics. It is therefore critical that political and social philosophers focus on efforts by which to rebuild trust relations. I argue that a shared public culture is up to the task of trust-building, for three reasons. First, a shared public culture gives citizens an insight into the motivations that inspire fellow citizens to (...) action. Second, a shared public culture serves to generate both positive and negative sanctions, an understanding of which helps citizens to predict how their fellow citizens will behave. Third, a shared public culture generates a sense that we belong together. There are, of course, many communities that can reasonably be interpreted as having a shared public culture, even though they are characterized by low levels of trust. This observation leads me to suggest two features that a shared public culture must have in order to facilitate the emergence of trust relations: citizens must be willing to cooperate and they must be willing to submit to common institutions that will be responsible for coordinating this large-scale cooperation. If these conditions are fulfilled, a shared public culture will serve as a reliable source of trust relations. (shrink)

This study provides a scoping review of the recent conceptual developments about the deviant work behavior and counterproductive work behavior constructs. It also examines the specific types of deviant work behavior that have been more consistently investigated in the last decade, and whether they cover the interpersonal or organizational type of deviant behavior. In addition, individual, group, and organizational predictors of deviant work behaviors are examined. A scoping review of reviews was conducted on Scopus and Web of Science databases and (...) 54 studies published from 2010 to June 2021 were taken into account. Results show that more recent conceptualizations are based on well established models in the literature and consider the hierarchical structure of these two constructs. Recent reviews examine the relationships of deviant work behavior with job performance and ethical behavior constructs, the multilevel nature of deviant work behavior, and the consequences for the actor of the deviance. The specific types of deviant work behavior more frequently reviewed in the last decade are workplace abuse, incivility, ostracism, bullying and sexual harassment, and abusive and destructive leadership; this evidence suggests a much greater attention to interpersonal, rather than organizational, forms of deviant work behavior. Regarding antecedents, results show the continuing prevalence of personality factors antecedents. Limitations of the study and theoretical and practical implications for the field are also provided. (shrink)

Questo saggio, risultato del lavoro seminariale svolto presso la Fondazione Centro Studi Campostrini, avanza una proposta teoricasulla base di un’ipotesi. L’ipotesi è che quando usiamo il vocabolariodella credenza diciamo qualcosa di specifico e irriducibile adaltre nozioni. Alla ricerca del nucleo di irriducibilità e specificitàdella credenza Giuseppe Di Salvatore scarta tutte quelle forme dicredenza che dipendono in maniera più o meno diretta da unaconsiderazione in termini di conoscenza o da un’implicazione dellaverità. Se alcuni tipi di giustificazione della credenza possono essereutili (...) a individuarne l’irriducibilità, solo le credenze primitive, unacomplessa nozione di “credenza soggettiva” e un originale modellofiduciario della credenza fungono da buoni candidati per difenderela specificità della credenza. Dopo la discussione di alcune tesi diLudwig Wittgenstein e il ricorso a fonti eterogenee, da William Jamesa Henry Habberley Price fino a Niklas Luhmann, l’autore proponela nozione originale di “credenza progressiva” come il migliorcandidato che confermi l’ipotesi di partenza. In essa una precisaidea di rischio e la fiducia, al cui dibattito è dedicata un’ampiaattenzione, contribuiscono a delineare la credenza progressivainsieme ad alcuni suoi aspetti soggettivi, così profilandola comeuna postura sperimentale. Il saggio si completa con una riflessionesulla peculiarità della questione filosofica della credenza religiosa,la quale viene approcciata nella sua preliminare generalità, quindiconfrontata con la credenza progressiva. (shrink)

Temporary labour migration programs are often proposed as a way to provide the benefits of migration in general, while mitigating the allegedly problematic effects of permanent migration. Here I propose that the arguments deployed in favour of temporary labour migration over permanent migration are flawed, normatively, and that empirically temporary labour migration programs produce effects in receiving states that are even worse than those (allegedly) produced by permanent migration. As a result, I shall argue that, for reasons of consistency, advocates (...) of restricting permanent migration should support restricting temporary labour migration programs as well. I conclude not by arguing that temporary labour migration programs should be abandoned, but rather that we must focus more seriously on re-constructing temporary labour migration programs that do not produce these dilemmas, as well as on generating policies that alleviate the challenges they often pose in receiving societies. (shrink)

Algorithmic fairness is a new interdisciplinary field of study focused on how to measure whether a process, or algorithm, may unintentionally produce unfair outcomes, as well as whether or how the potential unfairness of such processes can be mitigated. Statistical discrimination describes a set of informational issues that can induce rational (i.e., Bayesian) decision-making to lead to unfair outcomes even in the absence of discriminatory intent. In this article, we provide overviews of these two related literatures and draw connections between (...) them. The comparison illustrates both the conflict between rationality and fairness and the importance of endogeneity (e.g., “rational expectations” and “self-fulfilling prophecies”) in defining and pursuing fairness. Taken in concert, we argue that the two traditions suggest a value for considering new fairness notions that explicitly account for how the individual characteristics an algorithm intends to measure may change in response to the algorithm. (shrink)

Today there are over 1,500 public-use airports in the United States. Each of these airports provides a service to the surrounding community, whether in the form of a general aviation or commercial air service facility. An airport is dependent on many facets of the local government infrastructure for support services. Also, the airports have ties to neighboring or resident military installations. A military installation has similar missions and objectives to an airport, a situation that enables a working relationship that is (...) complementary to each party. For example, airports and military installations alike must provide such services as emergency response, fire protection, airspace control, environmental protection, and a safe infrastructure for aircraft operations. While many aspects of the relationships are intangible and subjective, others are easily measured. (shrink)

After analysing Habermas's philosophical evolution from his theory of interests to his late pragmatic realism, I will focus on the problems of this last conception, trying to draw a plausible way out which avoids both naturalistic reductionism and a too weak form of realism.

Curiosita Teaching is the narrative that supports you as you teach creativity and teach creatively. The authors focus on bridging the gap between research, theory, and practical application. Under the umbrella of creativity this engaging resource provides the flexibility and structure to integrate creativity into your curriculum at your comfort level as well as provide for differentiation, multiple intelligences, backward planning, and brain-engaging strategies. The practical, step-by-step approach in The Handbook provides tools, activities, and an organizational plan to develop and (...) implement creativity in your classroom. Sequential lessons provide students with the basic skills and understanding of the creative process. (shrink)