Jacques Derrida: Law as Absolute Hospitalityãeepresents a comprehensive account and understanding of Derridaâe(tm)s approach to law and justice. Through a detailed reading of Derridaâe(tm)s texts, Jacques de Ville contends that it is only by way of Derrida's deconstruction of the metaphysics of presence, and specifically in relation to the texts of Husserl, Levinas, Freud and Heidegger - that the reasoning behind his elusive works on law and justice can be grasped. Through detailed readings of texts such as To speculate (...) âe" on Freud, Adieu, Declarations of Independence, Before the Law, Cogito and the history of madness, Given Time, Force of Law and Specters of Marx, De Ville contends that there is a continuity in Derridaâe(tm)s thinking, and rejects the idea of an âe~ethical turnâe(tm). Derrida is shown to be neither a postmodernist nor a political liberal, but a radical revolutionary. De Ville also controversially contends that justice in Derridaâe(tm)s thinking must be radically distinguished from Levinasâe(tm)s reflections on âe~the otherâe(tm). It is the notion of absolute hospitality - which Derrida derives from Levinas, but radically transforms - that provides the basis of this argument. Justice must on De Villeâe(tm)s reading be understood in terms of a demand of absolute hospitality which is imposed on both the individual and the collective subject. A much needed account of Derrida's influential approach to law,ãeeJacques Derrida: Law as Absolute Hospitalityãeewill be an invaluable resource for those with an interest in legal theory, and for those with an interest in the ethics and politics of deconstruction. (shrink)

In the summer of 1998, the Wisconsin State legislature amended its child protection laws. Under new child abuse provisions, Wisconsin judges can confine pregnant women who abuse alcohol or drugs for the duration of their pregnancies. South Dakota enacted similar legislation almost simultaneously. The South Dakota statute requires mandatory drug and alcohol treatment for pregnant women who abuse those substances and classifies such activity as child abuse. In addition, the South Dakota legislation gives relatives the power to commit pregnant women (...) involuntarily for two days; a court order can place the pregnant women in custody for up to nine months. These recent legislative “successes” follow scores of failed attempts by legislators in other states to establish fetal protection laws aimed at women who use and abuse drugs and alcohol during pregnancy. (shrink)

Der weitaus größte Teil des menschlichen Lebens besteht aus Alltäglichem, aus eingespielten Abläufen und praktischen Routinen in wohlvertrauten Kontexten und Umwelten. Umso überraschender ist es, dass die Frage nach den spezifischen Strukturen und Gelingensbedingungen alltäglichen Lebens in den breiten Debatten um Theorien des guten Lebens kaum eine Rolle spielt. Der vorliegende Aufsatz enthält einen Vorschlag zur Konzeptualisierung gelingenden Alltags und seiner Voraussetzungen. Dazu führe ich zunächst eine politische Theorie des Guten ein, den capability approach in der von Martha Nussbaum entwickelten (...) Fassung (Abschnitt 1), und argumentiere anschließend für die These, dass Alltag als routinierter Lebensvollzug in der je eigenen Lebenswelt verstanden werden sollte (Abschnitt 2). Auf Grundlage dieser Überlegungen kann die Leitfrage beantwortet werden: Wie gelingt Alltag (Abschnitt 3)? Dabei gehe ich davon aus, dass das Gelingen individuellen Alltags maßgeblich von gesellschaftlichen Voraussetzungen abhängt, die sich im Rahmen einer politischen Theorie des Guten analysieren und kritisieren lassen. (shrink)

The dramatic appearance of managed care organizations (MCOs) on the U.S. health scene has generated tremendous anxiety among health care providers and patients. These fears are based on the belief that managed care techniques pose greater risks of under treatment than do fee-for-service modes of payment. In addition, many physicians and patients resent the limits placed on clinical autonomy by the MCO model and the stresses that it places on the traditional physician-patient relationship. These misgivings have been exacerbated by the (...) mostly negative response to MCOs in the media and academia. Legislatures have responded to these claims and public fears with a wave of regulatory initiatives. Some of these regulations are attempts to protect patients. Others, however, are motivated primarily by antipathy toward the concept of managed care itself. This essay is an attempt to develop a social ethic of regulation and argues that the sole reason that private enterprise may be justifiably limited is when it presents a risk of harm to others or society. While some regulation and proposed regulation of MCOs meet this standard, much legislation represents an unjustified attempt to limit or handicap otherwise legal behavior merely because a segment of the population and medical profession find it aesthetically unpleasing and oppose its approach to the delivery of health services. (shrink)

Background: The vascular depression hypothesis emphasizes the significance of vascular lesions in late-life depression. At present, no meta-analytic model has investigated whether a difference in hyperintensity burden compared to controls between late-life and late-onset depression is evident. By including a substantial number of studies, focusing on a meaningful outcome measure, and considering several moderating and control variables, the present meta-analysis investigates the severity of hyperintensity burden in major depressive disorder (MDD) and bipolar disorder (BD). A major focus of the present (...) meta-analysis refers to the role of age at illness onset. It is analyzed whether late-onset rather than late-life depression characterizes vascular depression. Method: In total, 68 studies were included in the meta-analysis and a multilevel random effects model was calculated using Hedges’ g as the effect size measure. Results: The severity of hyperintensity burden was significantly greater in the patient group compared to the control group. This effect was evident regarding the whole patient group (g = 0.229) as well as both depression subgroups, with a significantly greater effect in BD (g = 0.374) compared to MDD (g = 0.189). Hyperintensity burden was more pronounced in late-onset depression than in early-onset depression or late-life depression. A considerable heterogeneity between the included studies was observed, which is reflected by the large variability in effects sizes. Conclusion: In conclusion, the present meta-analysis underscores the association of hyperintensities with MDD and BD. Especially late-onset depression is associated with an increased hyperintensity burden, which is in line with the vascular depression hypothesis. The results suggest that it might be more feasible to confine the concept of vascular depression specifically to late-onset depression as opposed to late-life depression. Further research is needed to understand the causal mechanisms that might underlie the relation between hyperintensity burden and depression. (shrink)

The great powers of regeneration shown by freshwater planarians, capable of regenerating a complete organism from any tiny body fragment, have attracted the interest of scientists throughout history. In 1814, Dalyell concluded that planarians could “almost be called immortal under the edge of the knife”. Equally impressive is the developmental plasticity of these platyhelminthes, including continuous growth and fission (asexual reproduction) in well‐fed organisms, and shrinkage (degrowth) during prolonged starvation. The source of their morphological plasticity and regenerative capability is a (...) stable population of totipotent stem cells—“neoblasts”; this is the only cell type in the adult that has mitotic activity and differentiates into all cell types. This cellular feature is unique to planarians in the Bilateria clade. Over the last fifteen years, molecular studies have begun to reveal the role of developmental genes in regeneration, although it would be premature to propose a molecular model for planarian regeneration. Genomic and proteomic data are essential in answering some of the fundamental questions concerning this remarkable morphological plasticity. Such information should also pave the way to understanding the genetic pathways associated with metazoan somatic stem‐cell regulation and pattern formation. BioEssays 28: 546–559, 2006. © 2006 Wiley Periodicals, Inc. (shrink)

Carl Schmitt sees the 1933 Nazi seizure of power as a revolution that inaugurates an entirely new era of political-legal order. Analyzing Schmitt’s rarer Nazi-texts, diaries, and correspondence, I argue that from 1933 to 1936 Schmitt attempts to theorize the Nazi revolution by developing an entirely new political language of Nazism, cleansed from non-German ways of thinking, especially nineteenth-century liberalism. I focus on three conceptual transformations through which Schmitt understands the remaking of the German state: The shift from the liberal (...) democratic neutral state to a new one-party state or a Führer-state dominated by a movement – a shift symbolized by the “death of Hegel”; the transformation of sovereign power into Führertum, represented by the symbolical deaths of Jean Bodin and Thomas Hobbes, whose thought cannot comprehend the totality of the Nazi movement, and the perversion of the liberal-democratic equality before the law to the völkisch equality of the race as the basis of all Nazi political–legal life. Criticizing previous interpretations of Schmitt’s Nazi thinking, I demonstrate that when Schmitt abandons his own decicionist thought in favor of concrete order thinking in 1933/1934 the idea of race becomes the basis of his political–legal thought. (shrink)

The paper develops a conception of the good life within a digitalized society. Martha Nussbaum’s capability theory offers an adequate normative framework for that purpose as it systematically integrates the analysis of flourishing human lives with a normative theory of justice. The paper argues that a theory of good digital lives should focus on everyday life, on the impact digitalization has on ordinary actions, routines and corresponding practical knowledge. Based on Nussbaum’s work, the paper develops a concept of digital capabilities. (...) Digital capabilities are combined capabilities: To possess a digital capability, an individual must acquire certain skills and abilities (internal capabilities) and needs access to devices and external infrastructures like internet connections. If societies as a whole and everyday environments are digitalized to a certain degree, the possession of specific digital capabilities is a crucial precondition for a flourishing life. The paper likewise analyzes challenges that are connected to digital capabilities. Digital structures are constantly changing. In consequence, digital capabilities are never acquired once and for all, but always precarious and in danger of being lost—with serious consequences for individual everyday lives in digitalized environments. As digital capabilities are crucial for leading a good life, people are entitled to develop and maintain them. They describe demands of justice. Using the examples of filling in an online form and digital education, the paper finally illustrates the size of institutional changes that are necessary to meet these demands. (shrink)

This book explores the puzzling phenomenon of new veiling practices among lower middle class women in Cairo, Egypt.

Ausgehend von einer Bestimmung der ästhetischen Erfahrung als Erfahrung der Art und Weise der sinnlichen Gegebenheit von Gegenständen und Umwelten geht der vorliegende Text der Frage nach den Spezifika alltagsästhetischen Erfahrens nach. Dabei wird zunächst die alltagsästhetische Einstellung als eine fest in den handelnden Vollzug gewohnter Praktiken und Routinen eingebettete Wahrnehmungshaltung bestimmt. In einem nächsten Schritt werden charakteristische Merkmale alltagsästhetischen Erfahrens herausgearbeitet: Zu nennen sind die Wahrnehmung von – theoretisch näher zu beschreibenden – Ganzheiten, die Kategorien des Vertrauten, des Rhythmus (...) und des Takts sowie schließlich das Zusammenspiel aller Sinne. Die abschließenden Überlegungen widmen sich der engen Verbindung von moralischen, ästhetischen und funktionalen Erfahrungen und Urteilen im Raum des Alltäglichen. (shrink)

Kant’s 1795 essay on perpetual peace has been lauded as one of his most important and influential political texts as well as one of the most important texts on peace. Kant’s text was largely forgotten until the 1980s and 1990s, with numerous commentaries appearing around the time of its 200 years existence. The French philosopher Jacques Derrida’s interest in Kant’s text appears to have arisen around the same time, and his analyses of this text continued after the turn of the (...) century. The references to Kant’s essay in Derrida’s texts appear mostly in the context of a discussion of the concept of hospitality. The latter concept is understood by Derrida as including both a demand for absolute hospitality, that is, hospitality without the imposition of any limitations, as well as a demand, in the interests of survival, for such limitations or conditions. A negotiation between these dimensions of hospitality is ultimately required. The aim of this article is to elucidate Derrida’s analysis of Kant’s essay, specifically his recasting of the concept of peace as absolute hospitality, as well as to briefly outline its implications for international and cosmopolitan law. (shrink)

ABSTRACT This article offers a new reading of Carl Schmitt and his Nazi engagement by chronologically examining the changing uses of Roman law in his Weimar and Nazi thought. I argue that Schmitt’s different ways of narrating the modern reception of Roman law disclose, first, the Nazification of his thought in the spring of 1933, and second, the partial and apologetic de-Nazification of his thinking in the 1940s. While Schmitt’s Weimar-era works are defined by a positive use of Roman imagery, (...) ranging from Schmitt’s support to the Catholic Church to his endorsement of Benito Mussolini’s ‘total state’ in Italy, Schmitt’s Nazi writings from 1933 to 1936 describe the reception of Roman law as an anti-German virus that must be overcome by the Nazi movement. This shift mirrors Schmitt’s transformation from an authoritarian thinker sympathetic to Italian Fascism into a devoted Nazi. However, once Schmitt begins to see that Germany will lose World War II, he recalibrates his position. While Schmitt’s earlier Nazi writings offered a negative estimation of the historical school of Friedrich Carl von Savigny, in his 1943/44 book on European legal science, Schmitt portrays Savigny as the paradigmatic European, whose work opens the path for a renewed legal science. (shrink)

New data-driven ideas of healthcare have increased pressures to reform existing data infrastructures. This article explores the role of data governing institutions during a reform of both secondary health data infrastructure and related legislation in Finland. The analysis elaborates on recent conceptual work on data journeys and data frictions, connecting them to institutional and regulatory issues. The study employs an interpretative approach, using interview and document data. The results show the stark contrast between the goals of open and Big Data (...) inspired reforms and the existing institutional realities. The multiple tensions that emerged during the process indicate how data frictions emanate to the institutional level, and how mundane data practices and institutional dynamics are intertwined. The article argues that in the Finnish case, public institutions acted as sage-guards of public interest, preventing more controversial parts from passing. Finally, it argues that initiating regulatory and infrastructural reforms simultaneously was beneficial for solving the tensions of the initiative and analysing either side separately would have produced misleading accounts of the overall initiative. The results highlight the benefits of analysing institutional dynamics and data practices as connected issues. (shrink)

Since the establishment of the first food bank in 1995, charitable food aid has become entrenched in Finland as a seemingly irreplaceable solution to food poverty. Further, it has recently been suggested that the focus of food aid activities is shifting from food poverty and temporary hunger alleviation towards environmental sustainability through addressing food waste via organized re-distribution of expiring food from retail to charitable organizations. This potentially creates a mechanism that solidifies food poverty and fortifies the paradoxical situation where (...) charitable organizations delivering food aid are dependent on food waste rather than trying to reduce it. To understand the process that has led to this shift, a longitudinal media data analysis on the evolution of the discussion and the interpretations on CFA is presented. By conducting an inductive frame analysis, the paper answers three key questions: How was CFA framed by and through the media in Finland between 1995 and 2016? Has any single frame dominated the discussion at any given point? Finally, what are the characteristics of the frame that focuses on food surplus redistribution? The results suggest that when the practices are framed as potential receivers and redistributors of surplus, perception of CFA is mainly favourable and the root causes for food insecurity are not addressed. Thus, by focusing on environmental sustainability, food aid practices—hitherto depoliticized as a poverty problem—have gained policy relevance in the discursive space of the circular economy; perhaps at the cost of poverty policy and with unintended consequences. (shrink)

This article introduces a rhetorical theory of narrative in reading Kierkegaard, comparing Kierkegaard’s praxis to Phelan’s definition of “somebody telling somebody else that something happened on some occasion and for some purpose(s).” Use of pseudonyms problematizes “the somebody” telling and makes apparent the differing purposes of author and narrator. In the early authorship, the purpose is usually a life-view. The “something happened” may seem irrelevant in Kierkegaard, but it evokes questions of lived experience and life-view. The “occasion” for telling is (...) textually mediated, and thus draws a novel connection to literary history. Finally, I examine Kierkegaard’s real and authorial readers. (shrink)

There has been little theoretical debate of why companies behave in socially responsible ways whilst descriptive analysis of corporate social responsibility is flourishing. As result, there have been few methodological debates on how to study both what responsible actions are and why companies act accordingly. This methodological and theoretical essay discusses how institutional social theory has been and could be used in explaining socially responsible corporate behaviour. It is explored what kinds of theoretical tools are needed in explaining this behaviour (...) and how various tools can be integrated into one model explaining socially responsible corporate actions. It is argued that researchers should empirically focus simultaneously on normative origins and institutional environments of responsibilities, on power relations determining the particular responsibilities, and on institutional arrangement of corporate actions. (shrink)

In recent years, global corporations and national governments have been enacting a growing number of codes of conduct and public regulations to combat dangerous and degrading work conditions in global supply chains. At the receiving end of this activity, local producers must contend with multiple regulatory regimes, but it is unclear how these regimes interact and what results, if any, they produce. This article examines this dynamic in the sugar sector in Brazil. It finds that although private and public agents (...) rarely communicate, let alone coordinate with one another, they nevertheless reinforce each other’s actions. Public regulators use their legal powers to outlaw extreme forms of outsourcing. Private auditors use the trust they command as company insiders to instigate a process of workplace transformation that facilitates compliance. Together, their parallel actions block the low road and guide targeted firms to a higher road in which improved labor standards are not only possible but even desirable. (shrink)

Corporate social responsibility (CSR) has been recently conceptualized and studied as a political phenomenon. Most debates in this scholarship have thus far focused on normative issues. Less attention has been paid to the explanatory potential of CSR research grounded in political theory and philosophy. In this article, we conduct a pragmatist reading of political scholarship on CSR and seek to deploy existing knowledge for research pursuing political explanation. We argue that the political ontologies that underlie scholarship on CSR can be (...) used to transform normative and descriptive research also for explanatory uses. We show how ontologies vary in terms of potential research objects and scopes of political explanation, and argue that the main types of political-ontological stances adopted in scholarship on CSR, foundational and post-foundational stances, offer explanatory analysis of different schematic guidelines. Our pragmatist reading of previous research and an empirical case illustration of political explanation of change in corporate responsibility in the biofuel industry demonstrate the opportunities, limitations, and challenges different political-ontological commitments provide for political explanation. (shrink)

This essay argues that Carl Schmitt’s postwar writings offer an original critique of biotechnology and utopian thinking. Examining the classics of utopian literature from Plato to Thomas More and Aldous Huxley, Schmitt illustrates the rise of utopianism that aims to transform human nature and even produce an artificial “human-machine.” Schmitt discovers a counterimage to the emerging era of biotechnology from a katechontic form of Christianity and maintains that human beings must recognize their shared humanity in God, warning us that without (...) a realm of transcendence, the enemy no longer offers an existential mirror but begins to incarnate foreign values, which must be destroyed completely. By comparing Schmitt with Michel Foucault and Donna Haraway, it is also argued that Schmitt’s thinking unlocks a novel path to exploring the meaning and histories of biopolitics and posthumanism. From a Schmittian perspective, Foucault’s depiction of biopolitics appears as a mere prelude to the coming age of biotechnology that will lead us into a posthuman era. Demonstrating interesting contrasts with Haraway’s utopian vision of the cyborg, it is maintained that Schmitt’s thinking offers a distinctively conservative-Christian critique of posthumanism. (shrink)

Investigates, by way of Derrida's engagements with Kant, how the foundations of modern constitutionalism can be differently conceived to address some of the challenges of the twenty-first century.

All states of human life are limited by time. Human personality, but also interpersonal justice therefore have a temporal dimension. Is time thus a source of normativity: a factor that every ethic must take into account? Does it make any demands on the design of our personal way of life? And must norms and rules that aim to bring about, maintain, change or end certain states of human life always have to take into account the passage of time? In this (...) book, seventeen philosophers discuss the significance of the temporal dimension of human personality and interpersonal justice for ethics and law. It becomes clear that hardly any problem applied ethics face today does not refer to the normative meaning of the temporality of our existence and the passing of time. With contributions by Dieter Birnbacher, Frank Dietrich, Michael Grossheim, Martin Hoffmann, Jan C. Joerden, Sebastian Knell, Andrea Klonschinski, Walter Mesch, Lukas H. Meyer, Andreas Mueller, Johannes Mueller Salo, Michael Quante, Michael Schefczyk, Reinold Schmücker , Niko Strobach, Timothy Waligore, Ulla Wessels. (shrink)

The role of governments in business and society research has remained underexplored, and recent studies have called for further investigations of mechanisms of government intervention. In response to this call, this article studies how nation branding communication can govern businesses toward sustainability by providing qualifications for sustainable business, legitimizing these qualifications, and attaching national aspirations to business conduct that meets these qualifications. A comparative exploratory analysis of the nation branding materials of Denmark and Finland shows that while the two nations (...) qualify business sustainability in similar ways, differences exist in the legitimization of business sustainability and the national aspirations attached to sustainable business conduct. Both countries emphasize principles of efficiency and renewability in their sustainability qualifications. However, while Finland clearly seeks to attract firms to the local business environment to increase exports and improve the local economy, Denmark ascribes more heterogeneous value to sustainable business. (shrink)